E2.7M FOR LATE NATCOM’S FAMILY

MBABANE – Following the demise of the National Commissioner (NATCOM) of Police, William Tsitsibala Dlamini, his family stands to get E2.7 million in death benefits.

The money will come from two entities – the Workman Compensation Unit under the Ministry of Labour and Social Security and the Public Service Pension Fund (PSPF). Dlamini died in line of duty after collapsing at Oliver Tambo International Airport in Johannesburg, South Africa on October 7, 2023. Impeccable sources close to the unit responsible for payment of compensations mentioned that the formula to be used in calculating the benefit accrued to the late NATCOM’s family is structured as follows – basic salary x 100 per cent x 54 months.

maximum

Since Dlamini was earning above the limit set by the unit, his actual basic salary will, therefore, not be considered. As a result, the maximum limit of E25 620 set by the unit shall be used as opposed to using his actual basic salary of E57 016.44. The formula shall read: “E25 620x100 per cent x 54 = E1 383 480.00. The money that the family stands to get is supported by the fact that as of April 2023, the late NATCOM was earning a monthly basic salary of E57 016.44.

adjustment

This was inclusive of the four per cent cost of living adjustment awarded in August 2023. With regard to the death benefit to be paid out by the PSPF, the family will receive E1 368 394.56 (basic salary of E57 016.44 x 24 months). In total, the family stands to get E2 751 874.56. According to the Workmen’s Compensation Act of 1983, an injury means physical or mental injury and ‘includes the contraction of a disease and the aggravation or acceleration of any pre-existing injury or disease where the employment is a contributory factor to such aggravation or acceleration’.

collapsed

Dlamini was aboard a plane from Angola on national duty and he collapsed on his way back home. It has not been established what really made him collapse, but sources said “collapsing in line of duty and passing away is more serious than sustaining an injury at work which can be treatable.” He was returning from a high-level police meeting with other African cop leaders in Angola. It was reported that he collapsed on arrival at the airport and was certified dead after inspection by medical practitioners.

dangerous

One expert said the International Labour Organisation (ILO) defined Dlamini’s death as a ‘dangerous occurrence’. It was for this reason that he said Dlamini’s family would get the compensation. The compensation is usually paid in the form of periodical payments; provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly utilised. The Workmen’s Compensation Act of 1983 provides that members of both the Royal Eswatini Police Service (REPS) and His Majesty’s Correctional Services members were eligible for the compensation. The Act applies to every employer in the Kingdom of Eswatini, including the government and to every workman who is employed in or outside by such an employer, except a workman who is employed outside Eswatini in employment to which any law of another country applies which provides compensation for employment accidents.

explained

A labour law expert interviewed by this publication explained that Dlamini’s family was entitled to the compensation despite that he was not necessarily injured – physically. It is not clear if he sustained physical injuries when he collapsed. The expert insisted that labour laws allowed for the payment of compensation for what is known as dangerous occurrence. He said the onus was on the family to report the incident and be advised accordingly. The compensation will be for dependants who, according to the law, are members who were wholly or in part dependant upon Dlamini’s earnings at the time of his death. On another note, it is also expected that the Dlamini will also receive money from the Public Service Pension Fund.
This is because a member of the fund, who dies while still being a member, is entitled to a death benefit equal to two years’ salary based upon that member’s pay scale as at the day of the member’s death, and such benefit shall be paid to the member’s estate.

Prior to the enactment of the Retirement Funds Act of 2005, a deceased member’s benefit was transmitted to the office of the Master of the High Court in terms of the Pensions Order 1993 for distribution and, therefore, formed part of the assets of the estate. The Retirement Funds Act (2005) specifically excludes the benefit from forming part of the assets of the estate, which in essence means that the distribution of the gratuity is now placed solely in the hands of the Fund and is payable to the deceased’s dependants.

entitled

In terms of requirements for benefits, it is provided that a member who is entitled to, or receiving, a pension from the fund is entitled to being covered for one or more benefits in the event of their death. The benefits include a death benefit, surviving spouse’s pension, children’ pensions, and residual settlement. Also provided for in the PSPF is that if a member dies before his separation from the fund and was married at the time of his death, his surviving spouse shall be entitled to a pension equal to one-half the pension referred to in regulation 8(4).
If the member dies after his separation from the fund and while he is entitled to, or in receipt of, a pension from the fund, his surviving spouse, if any, shall be entitled to a pension equal to one-half of the amount of pension, which the member was receiving, or was entitled to receive. The surviving spouse’s pension shall be payable until the spouse’s death or remarriage, whichever comes first.

In the event that the deceased member leaves more than one surviving spouse, the surviving spouse’s pension shall be divided among them in such proportion as the Master of the High Court may determine. It is also provided for that if a member dies before separation from the fund, a child shall receive ten per cent of the pension referred to in regulation 8(4). If the member dies after separation from the fund and while he is entitled to or in receipt of a pension from the fund, a child shall receive a pension equal to ten per cent of the pension, which the member was receiving, or is entitled to receive, at that time.

governed

Still on PSPF, it is stated that a public officer whose terms and conditions of service are governed by a contract between that officer and the government shall only be entitled to the gratuity stipulated in his contract and such gratuity all be payable from the fund. The late NATCOM will be buried today at Mahlangatsha, outside Mankayane. His memorial service was held at Free Evangelical Church in Ngwane Park, Manzini. Dignitaries were in attendance, together with the national police commissioner of Lesotho. His Majesty the King was represented by Prince Phuhlaphi. Efforts to obtain a comment from Labour Commissioner Mthunzi Shabangu were not successful as his mobile rang unanswered at the time of compiling this report.

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