Times Of Swaziland: AGES ALTERING:  CSC NOT  ENGAGED,  MP IRKED

AGES ALTERING:  CSC NOT  ENGAGED,  MP IRKED
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Nonduduzo Kunene on 01/10/2024 17:25:00


MBABANE – The Ministry of Public Service has not engaged the CSC in the
investigation of civil servants who alter their dates of birth when they are
close to retirement.
The Civil Service Commission (CSC) revealed this information immediately after
the Minister of Public Service, Mabulala Maseko, tabled a report in Parliament
that was in response to a motion moved by Lobamba Lomdzala Member of Parliament
(MP) Marwick Khumalo, who was seconded by Mayiwane MP Sicelo Dlamini. The MP
moved that the minister of Public Service should engage the CSC to investigate
the growing and prevalent trend of public servants who resort to altering their
dates of birth, either midway through their tenure of employment or towards
reaching retirement age.
The minister was given 14 days to table a report before the House. The MPs said
if the CSC could successfully carry out the assignment; it would be revealed
that the public service is dominated by people who should have long retired. It
has since come to light that despite the ministry’s timely response to the
motion, the CSC was never consulted as per the Parliament’s request. The
reason the CSC was placed at the centre of the exercise that was requested by
Parliament, the MPs said, it was because it is responsible for hiring and firing
civil servants, hence being the right fit for the exercise. The Chairman of the
CSC, Simanga Mamba, when engaged about the report and how they arrived at
refusing the 180 civil servants who wanted to alter their dates of birth and
granted the 246, as per the report that was tabled by the minister, stated that
they were not involved in the process.
Concerns
“The Ministry of Public Service hasn’t engaged us as the employer in this
regard. However, the Civil Service Commission has noted the concerns raised,”
he said. Mamba added that the commission will meet this week to discuss the
matter to address the issue. He further explained that the PS is the one
responsible for granting the authority to alter dates of birth. This is in
breach of the Constitution. “All along, the date of birth alteration was being
authorised by the PS in the Ministry of Public Service. “It is time this dates
of birth alteration is done with the approval of the commission, as the
employer, in terms of Section 186 of the Constitution,” he said. Section 186
of the Constitution states that; The Civil Service Commission may, among other
things;
(a) initiate or cause to be initiated appropriate procedures or processes
leading to the selection or short-listing of candidates for appointment to
public office;
(b) enquire or cause to be enquired into any grievance or complaint whether or
not leading to disciplinary action;
(c) exercise appellate functions, with power to vary, in respect of certain
decisions by persons or authorities exercising delegated powers;
(d) do or cause to be done any act or thing reasonably necessary for the due and
prompt execution of any function prescribed in this Constitution or any other
law; and
(e) delegate upon the Chairman or any of its members any of its functions.
Mamba explained that a change in the date of birth is a material term in the
employment contract. Therefore, the employer (which is the CSC) should approve
the same and it should only be granted cautiously and in exceptional
circumstances. “For now we don’t have a position on this matter until we get
a formal report from the ministry. Once we get the report, we will be in a
position to give clear guidelines on this matter going forward to curb such
practice,” he said. Noteworthy, the legal instruments used in this are the
Government General Order A635, and Civil Service Board Circular No. 3 of 1994.
The circular also bars the use of affidavits to support a date of birth change.
The circular states that only the date of birth that was recorded when an
officer joined the service will be recognised. “You are requested to have
copies of officers’ application forms in their personal files, so that the
information can be obtained in making calculations for terminal benefits.
“Affidavits as to birth certificates are no longer accepted, even though a
birth certificate obtained after an officer’s appointment is a legal document.
Information therein contained should not necessarily supersede information
furnished earlier by a government officer, which partly or wholly formed the
basis of his or her contract of employment,” states the circular.
Interested
Maseko, the Minister of Public Service, when asked about the report he tabled,
as well as the reception of the report by the stakeholders, said he was no
longer interested in responding to questions about this issue. He said he felt
like there were people with ulterior motives in this matter who abused every
possible platform to push a certain narrative. “I am from a meeting regarding
the same issue. “I have taken a decision not to respond to any of the
questions regarding the issue of dates of birth. I have tabled a report in
Parliament, which is yet to be debated and adopted. “I cannot discuss issues
of civil servants through the media,” he said.
The minister was requested to clarify what happened to the 180 civil servants
whose requests were rejected. Maseko referred all questions to the Principal
Secretary, Sipho Tsabedze.
Tsabedze said: “Any response that I will be giving now will be as good as
debating the report while the people who requested it have not debated it.”