COURT HALTS 24 JUNIOR OFFICERS’ SUSPENSION, DC

MBABANE – The national commissioner of police has been interdicted from suspending or taking any disciplinary action against the 24 junior police officers.

In the interim order, the court also stayed all disciplinary proceedings already instituted against the junior police officers for their participation in or in relation to any conduct in connection with the delivery of petitions, protests or demands pertaining to the implementation of Phase II of the salary restructuring exercise of Circular No.2 of 2014. The provisional order, which was issued by Judge Zonke Magagula, came after the aggrieved police officers moved an urgent application.  The junior officers, through their association, were seeking an order interdicting the commissioner from proceeding with their hearing or suspending them pending finalisation of the matters between the parties which were still pending in court.

The National Commissioner (NATCOM) of Police, William Tsitsibala Dlamini, had formally charged the 24 junior police with a total of seven counts which are related to the delivery of a petition to the Cabinet Offices, among others. In her founding affidavit, Secretary General (SG) of the Royal Eswatini Police Staff Association, Sergeant Dumisile Khumalo submitted that in the matter under Case No. 2023/2022  the first respondent (NATCOM) sought and obtained an interim interdict against the applicant (Royal Eswatini Police Staff Association) and its members from engaging in any form of petition delivery, strike action, picketing, etcetera. She said the interim order still obtained. Sergeant Khumalo told the court that the gravamen of the applicants’ case in the main matter was that the delivery of petitions formed part and parcel of the lawful means of engagement in the exercise and enjoyment of the right to freedom of association and assembly.

Unlawful

She averred that the interdict sought by the first respondent and his counterpart from His Majesty’s Correctional Services constituted an unlawful and unreasonable restriction of their (junior officers) constitutionally guaranteed right to freedom of association and assembly. “In total oblivion to the main matters herein, the first respondent has instituted disciplinary proceedings against applicant’s members (including myself) on the same issues which are yet to be decided by the High Court in the main applications,” argued Khumalo. She brought it to the attention of the court that the contents of the charges pertained to the applicant’s members delivering petitions, engaging in a march, wearing police uniform during their march, engaging the press on issues of the staff association.

“The High Court is already seized with the same issues and is yet to unpack the content of our right to freedom of association and assembly in the context of our duties and to also jurisprudentially guide the parties as to the enjoyment of those rights. The first respondent is itching to dismiss us, hence he cannot wait for the due process of the law,” contended the sg.
Khumalo said another issue that was pending before the High Court was that of the constitutionality of the first respondent’s conduct of appointing officers who were within the bargaining bracket to preside over cases of their fellow colleagues in REPoSA.

It was her argument that in terms of Section 67 of the Police Service Act, membership to the association was open to every police officer below the rank of assistant commissioner.  She submitted that the first respondent had appointed officers below the rank of assistant commissioner to preside over their cases. In the matter, the applicant is represented by Human Rights Lawyer Thabiso Mavuso, while appearing for the NATCOM are lawyers from the chamber of the attorneys general.  The matter returns to court on February 7, 2023.

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