TWIST IN PS’S RETIREMENT ROW

MBABANE – The legal battle between PS Sipho Tsabedze and the CSC over his retirement date has taken a dramatic turn. Sipho’s father, Timothy Tsabedze, who allegedly recorded a statement stating that the PS was born in 1963, is disputing this statement. This come after the Civil Service Commission (CSC) informed Tsabedze that his retirement date is February 3, 2025, which he is contesting in court. In a new affidavit submitted to the Industrial Court, Sipho’s father claimed that he was misled into signing a statement regarding his son’s birth date. He made these allegations in a confirmatory affidavit he filed in the matter in which his son is challenging the CSC on his purported retirement date.

The 80-year-old elderly man recounted a visit in May 2023 from two men and two women who identified themselves as colleagues of Sipho from Mbabane. He alleged that they enquired about his son and specifically asked about his birthdate. The father, who was born in 1944, stated that he informed the visitors that he was unsure of his son’s exact birth date and suggested they consult Sipho’s mother, who he believed possessed the birth certificate. He claims they pressed him for an estimate, and after attempting to recall the events, he offered 1963 or 1964 as possibilities. He further stated that he informed them of his incarceration at the time of Sipho’s birth, mentioning he only had one other child, Petros, at the time.

Contents

The father alleged that the visitors presented him with a document to sign, which they claimed was ‘for work’, without reading its contents to him. He also claimed he was not informed of the presence of a commissioner of oaths or asked to swear to the truth of the statement. Timothy maintained his original position that he was unsure of the exact date and that Sipho’s mother would be the best source of information. In the statement he is now disputing, Sipho’s father had allegedly stated that he vividly recalled that his son was born in 1963.
“In so far as the document now purports to be a sworn statement, I deny that I swore to any statement and it is not entirely the truth that I said my son was born in 1963. I guessed 1963 or 1964 and then I withdrew from that position and said they should ask his mother,” the affidavit reads. Meanwhile, in his answering papers, CSC Chairman Simanga Mamba said if Sipho’s matter was not addressed, he would work until the 2040s.

He also said the matter was reported to the Anti-Corruption Commission (ACC). Mamba submitted that he only intervened after the matter had been reported to the ACC for investigation on how the alteration of his date of birth had been carried out. Mamba also told the court that Sipho’s father had recorded a statement in which he stated that he recalled clearly that his son was born in 1963. Timothy of Malindza stated in the statement, which was recorded in May 2023, that he recalled that in 1963, he was blessed with a son from Gladys Sigudla of Nsingweni. “The child was named Sipho Tsabedze. In my recollection of events in the very same year, I was arrested in Manzini during a demonstration, protesting for employees’ remuneration. During the time of my arrest that year, Sipho Tsabedze was already born and I served 18 months in prison,” reads Timothy’s statement. He said he and Gladys were not married and their love relationship ended when Sipho was still a baby. Meanwhile, in his replying affidavit, Sipho further argues that there is no legal requirement for the CSC to be consulted in such matters.

Unilaterally

It also contests the commission’s authority to unilaterally overturn a decision made by the Secretary to Cabinet under General Order 9 (2), particularly a decision made on behalf of the Secretary to Cabinet by the principal secretary in the Ministry of Public Service, even if through delegated power to the undersecretary. Meanwhile, in his replying affidavit, the PS submitted that there is no provision requiring the consultation of the Civil Service Commission and even in the event, the commission cannot unilaterally decide to set aside a decision of the Secretary to Cabinet under General Order 9 (2) and a decision made under 9 (2) by or at least on behalf of the Secretary to Cabinet made by the Principal Secretary in the Ministry of Public Secretary albeit through delegated power to the under secretary. Sipho is represented by Musa Sibandze of Musa M. Sibandze Attorneys. Crown Counsel Siboniso Hlawe appears for the CSC and other respondents.

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