2:30AM COURT ORDER STOPS JUNIOR OFFICERS’ MARCH

MBABANE – The national commissioner of police and commissioner general of His Majesty’s Correctional Services (HMCS) pulled all strings to ensure that they had a court order by the crack of dawn.

The court order would be one interdicting junior officers from marching to Cabinet yesterday. The court burnt the midnight oil yesterday after the National Commissioner (NATCOM) of Police, William Dlamini and Comissioner General (COMGEN) of HMCS, Phindile Dlamini filed an urgent application at 9pm. The order stopping the march was granted by JudgeNkosinathi Maseko at 2:30am. Respondents in the matter were the Royal Eswatini Police Service (REPS) Staff Association and HMCS Staff Association.

Compromised

In motivating the application, the duo informed the court that the intended march by members of the respondents (HMCS and REPS) associations compromised national security and if it continued unabated it would put the lives of emaSwati at risk. It was further their contention that the respondents were members of the country’s security forces and they fell under essential services category. “The matter is urgent because the lives of emaSwati are in danger should the march be permitted as planned,” submitted the duo. They averred that this action was meant to undermine the rule of law and was calculated to bring the good name of disciplined forces into disrepute, which would cause citizens of the country to lose confidence in the security forces.

“It is apparent that the harm to be occasioned by the unlawful action or withholding services cannot be substantially remedied at a hearing in due course as State security and the likelihood of emaSwati fearing for their lives and safety cannot be compensated,” submitted the commissioners
The HMCS and RESPS headhochos further brought it to the attention of the court that if the unlawful march went on as planned, the harms to State security would erode public confidence or trust in the security forces.

Unlawful

“The safety of business community as a whole will also suffer thus causing a socio- economic problem.  If the unlawful action is allowed to continue, there is imminent threat to peace and stability,” argued the applicants. This action, according to the applicants (commissioners) was going to cause an adverse impact of national peace and stability. “The application therefore qualifies for urgent enrolment and determination ahead of other matters in the normal roll. The balance of convenience favours the interdiction of the intended protest action particularly the failure to comply with the provisions of legislation,” argued the duo.

The court issued an interim order interdicting the respondent’s members or members of the security or anyone acting  at their behest from engaging in any form of a march or strike yesterday or any future date. The respondents were also directed to continue to engage by lawful means on the salaries negotiations pending the consultancy report of the consultant to restructure security forces. In the interim order, the respondents were also interdicted from inciting their members or any officers employed in the security forces, from engaging in any form of a  march, picket strike or delivery of any petition whatsoever, including that of October 18,2022.

Members of the security forces, or anyone symphathising with respondents were also interdicted from participating in the march. The respondents were represented by Senior Crown Counsel Vikinduku Manana from the chamber of the attorney general. Meanwhile, the junior officers are aggrieved over the protracted salary restructuring exercise, which saw their leaders getting an increment following the implementation of Circular No. 2 of 2014.  The circular was in two phases; I and II but only phase I was implemented. Phase II was to be implemented subsequently. However, that never happened to date, it is now the eighth year without the implementation of phase II. The junior officers stated that as a result of the none- implementation of phase II, they were hungry and could no longer work, hence the appeal to Minister of Police, Prime Minister Cleopas Dlamini.

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