AGES ALTERING: CSC NOT ENGAGED, MP IRKED

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.”

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