PS FILES URGENT APPLICATION AGAINST CSC RULING

MBABANE - Principal Secretary (PS) in the Ministry of Public Service Sipho Tsabedze allegedly provided conflicting dates of birth on various official documents.
These included: Eswatini Income Tax Department: February 3, 1964, appraisal report: Conflicting information, marriage certificate: January 1963, employment form: January 1, 1963, Birth Certificate (1): November 27, 1967, application for employment: February 3, 1965, birth certificate (2): January 1, 1963, sworn affidavit (mother): November 27, 1967.
This is contained in the ruling that has been issued by the Civil Service Commission (CSC), which ruled that he should have retired on February 3, 2025.

The ruling highlights a significant discrepancy in the PS’s date of birth, with nine documents, including a marriage certificate and a driver’s licence, revealing four different birthdates. The CSC ruling, issued after an investigation, found that the PS provided conflicting dates of birth on various official documents. Furthermore, the CSC questioned the legitimacy of the PS’s primary school education, stating that his application form indicated he completed primary school in four years instead of the standard seven.
The CSC emphasised that the date of birth on the original employment application (February 3, 1965) was a ‘material term’ of the contract and should be used to determine his retirement date. The ruling also criticised the principal secretary’s alleged attempts to alter his date of birth, deeming them ‘ultra vires’ and ‘disingenuous’.

The CSC highlighted that Tsabedze waited until he assumed a senior position to orchestrate the changes, which is a conflict of interest given his position as head of the civil service.  The CSC emphasised the importance of maintaining the integrity of the civil service and condemned attempts by officials to manipulate their retirement dates. The ruling concluded that the PS’s actions were unacceptable and set a poor example for other civil servants.Tsabedze has since instituted legal proceedings against the CSC ruling that decided that he should retire on February 3, 2025.  In a dramatic turn of events, Tsabedze has filed an urgent court application in the Industrial Court, arguing that the ruling of the CSC is based on a series of unfortunate misunderstandings surrounding his date of birth. The heart of the matter lies in the conflicting dates appearing on official documents. Tsabedze revealed in his founding affidavit that his initial date of birth was recorded as January 1, 1963, a date he attributes to his illiterate grandfather, who raised him and made an educated guess.

Years later, with the assistance of his biological mother, he obtained an amended birth certificate reflecting his true date of birth: November 27, 1967.
Adding to the confusion, Tsabedze included February 3, 1965, on his initial employment application in 1988. This, he explained, was based on information from his biological father who was uncertain of the exact date. However, the crux of the legal challenge lies in Tsabedze’s assertion that the CSC lacks the authority to determine his retirement date. He argued that the decision to waive the relevant General Order, allowing for the correction of his birth date, was properly authorised by the secretary to Cabinet.
Furthermore, Tsabedze claimed the CSC’s subsequent investigation and the subsequent ruling were unlawful and unfair. He alleged procedural irregularities, including a lack of notice and an opportunity to be heard during the commission’s proceedings.

The urgency of the situation is paramount for Tsabedze. He emphasises that if the matter is not heard urgently, his retirement date will have passed before the court can reach a decision. This, he argues, could have severe consequences, impacting his pension and other entitlements. The court application is now before the Judiciary, with Tsabedze seeking an order to set aside the CSC ruling and prevent his forced retirement.The outcome of this legal battle will not only determine Tsabedze’s future, but also set a precedent for how such cases are handled within the Eswatini civil service. The veracity of these allegations is still to be tested in court. The respondents are yet to file their answering papers. Tsabedze is represented by Musa M. Sibandze Attorneys.

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