JUNIOR OFFICERS RUN TO COURT TO STOP SALARY REVIEW

MBABANE - Junior police officers and warders have filed an application demanding the immediate implementation of Phase II.

Phase II of Circular No.2 of 2014 (Phase Restructuring of the Royal Eswatini Police Service and His Majesty’s Correctional Services) refers to the second stage of a salary restructuring exercise outlined in the circular. Establishment Circular No.2 of 2014, specifically concerning the security forces in Eswatini.   In their court application, the junior officers are also seeking an interim injunction to halt the ongoing government salary review, specifically as it pertains to police and Correctional Service junior officers, pending the full implementation of Phase II.

Respondents

The application, spearheaded by the Royal Eswatini Police Service Staff Association (REPOSA) and the Eswatini Correctional Services Staff Association (ECOSSA), names the national commissioner of police, the commissioner general of HMCS, the prime minister, and the attorney general, as respondents. According to the founding affidavit deposed to by Sergeant Dumisile Khumalo, Secretary General of REPOSA, the 2014 circular outlined a two-phase salary increase. Phase I saw significant salary increments for senior officers, upon implementation.

However, Phase II, intended for junior officers, has yet to materialise, creating a substantial pay gap. The officers’ demands and grievances are multifaceted.  Firstly, they seek a court order compelling the respondents to fully implement Phase II of the 2014 Circular within 90 days. Secondly, they request an interim injunction to halt the ongoing government salary review, specifically as it pertains to their ranks, until Phase II is implemented.  The affidavit further alleges that the respondents have acted in bad faith, providing various ‘funny stories’ to avoid implementing Phase II.

These include claims that a 2016 salary review and a 2022 circular addressed the issue, which the applicants vehemently deny. Additionally, the applicants express concerns that the current salary review is premature and could potentially mask the implementation of Phase II, further disadvantaging junior officers.

They insist that Phase II must be implemented first, to create a clear and transparent salary structure for the review process. The affidavit also details alleged victimisation of association members, including disciplinary charges, transfers and suspensions, as a tactic to suppress their demands. Finally, the application references a Supreme Court ruling in their favour, which declared the 2014 circular binding and directed the government to comply.  The respondents have filed for a review of this judgment, but the applicants argue that the ruling is still enforceable.

Sergeant Khumalo, in her affidavit, outlines the history of the salary circular, the subsequent legal battles and the alleged misrepresentations made by the respondents. She emphasises the financial disparity between senior and junior officers, highlighting the sacrifices made by those on the frontline.

Enforce

The affidavit asserts the applicants’ right to enforce the 2014 circular and argues that the respondents’ delay in implementation is unconscionable.
It also details the associations’ legal standing, citing the Police Service Act of 2018 and the Correctional Services Act of 2017, which establish their mandate to represent the welfare of their members. The officers are accusing the respondents of providing multiple conflicting explanations regarding the non-implementation of Phase II.

They list four different explanations given by the respondents. These include claims that a 2008 circular, a 2016 salary review, a current 2024 salary review, and a 2022 circular, all were the actual implementation of Phase II of the 2014 circular. The officers heavily dispute all of these claims.

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