PHASE II RULING: JUNIOR COPS GIVE NATCOM ULTIMATUM

MBABANE – The National Commissioner (NATCOM) of Police, Vusi Manoma Masango, has been given a 90-day ultimatum to implement Phase II.

This ultimatum to the NATCOM was issued by the Royal Eswatini Police Staff Association (REPOSA), which represents junior-ranking law enforcers, as they want their salaries to be reviewed into the Southern African Development Community (SADC) pay scale as their superiors. The senior management of the Royal Eswatini Police Service (REPS), His Majesty’s Correctional Services (HMCS) and Umbutfo Eswatini Defence Force (UEDF), were awarded a review of their salaries in 2014, through the salary restructuring exercise of Circular No.2 of 2014.

Implementation

The implementation of this salary review also saw the restructuring of the management in the State security forces, as the leaders assumed new ranks and there was also the introduction of new positions. However, as the salary restructuring exercise of Circular No.2 of 2014 was implemented, junior officers were left out and they were to be awarded in the subsequent years. Despite this commitment, there has been a stalemate in the implementation, which resulted in the junior officers of REPS and HMCS marching to Cabinet Offices to deliver a petition. They further drove to the residence of the 11th Parliament’s Prime Minister, Cleopas Sipho Dlamini.

Judgment

Also, litigation was instituted against the Office of the NATCOM by REPOSA, whose judgment was issued on November 29, 2024, by the Supreme Court; which government shall, however seek a partial review of. Meanwhile, in the correspondence directed to the NATCOM, the junior-ranking law enforcers’ staff association referenced to the Supreme Court judgment. “The Supreme Court has ordered that government must implement Phase II within a reasonable time. Taking into account that Circular No.2 of 2014 is more than 10 years old now, we hold the view that 90 days is reasonable enough to allow government time to comply with the court order.

In this regard, we also rely on the statement by the Minister for Finance, Neal Rijkenberg, in 2022, who announced that there were funds which were set apart for Phase II,” reads the letter in part. REPOSA communicated to the NATCOM that the Supreme Court further ordered that all disciplinary proceedings against their members, who were charged in connection with Phase II of the Circular, should be set aside as illegal. The staff association relayed to the REPS leader that their members cannot wait to return to work to serve His Majesty’s Government and to also serve as ambassadors for REPOSA among their colleagues.

Intimidate

REPOSA supposed that senior police officers continue to intimidate and scare them away from joining their staff association, duly established by Parliament under the Police Service Act.  “This unacceptable agenda by your senior officers, Sir, was affirmed by the Police Service Spokesperson, Inspector Phindile Vilakati on Friday, November 29, 2024, on national radio in the news and current news programme ‘Letishisako’, wherein she referred to us as ‘lidlanzana’. Not only does this statement create the impression that those who join REPOSA are a small minority of social misfits, but the same is also legally irritating,” reads the letter in part.

REPOSA said as a staff association, especially one created by a statute, the NATCOM has a duty to recognise them, regardless of the number of their members.  “We are not a trade union; therefore, we are not bound by the 50 per cent plus one threshold in order to compel your office to recognise us. Good Sir, you are bound to recognise us even if we are a ‘lidlanzana’,” reads the letter.

The staff association further decried and registered to the NATCOM their protest against a purported strategic clampdown and repression against those who wish to join REPOSA.  ‘‘This is illegal and unconstitutional,’’ claimed REPOSA, as the staff association relayed that their members’ right to freedom of association and collective bargaining are allegedly infringed upon. The staff association claimed that apart from the fabricated and trumped-up charges against their members, the Office of the NATCOM further sought to transfer their members to remote and awkward stations.  

Interdict

They said an interdict was sought against those transfers. “The reasons for transferring our members were later disclosed by your attorneys when a consent order was made to the effect that our members, in the interim, should resume work in Manzini for as long as they are not close to the royal residences. This suggests that those who join our staff association are a threat to royalty and should be removed from royal guards. Good Sir, we are not a terrorist entity. Your conduct of removing our members from royal guards is malicious,” purports an excerpt of the letter.

Lastly, the staff association communicated that it holds a firm view that, in light of the Supreme Court judgment which affirms that Phase II of the 2014 Circular should be implemented, the ongoing salary review for police officers (and His Majesty’s Correctional Services) is premature. They claimed that the NATCOM is putting the cart before the horse, since the employer is allegedly reviewing their salary based on the wrong pay scales; without first knowing how their remuneration will be structured once Phase II is implemented.

They purported that it is impossible to review their salaries. It is worth noting that the Supreme Court ordered that the intended disciplinary proceedings arising from or pertaining to Circular No.2 of 2014 and delivery of the petition in respect of terms of service are unlawful and shall not proceed. The matter was heard by Chief Justice Bheki Maphalala, together with judges Phesheya Dlamini, Sabelo Matsebula, Mbutfo Mamba and Magriet van der Walt.

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