PAC: PAY FIREFIGHTERS OVERTIME

MBABANE – The Public Accounts Committee (PAC) has directed the Ministry of Housing and Urban Development to pay firefighters their overtime claims, in accordance with a court judgment.

The directive was issued yesterday when the Ministry of Housing and Urban Development appeared before the PAC in Parliament. During the session led by the PAC Vice Chairperson and Nhlambeni MP Manzi Zwane, the controlling officer in the Ministry of Housing and Urban Development, Principal Secretary Simon Zwane, was requested to update the committee on an audit query raised by the auditor general (AG) in his Financial Audit Report for the financial year ended March 31, 2023.

The AG reported that the Eswatini National Fire, Rescue and Emergency Services (ENFRES) had incurred under-expenditures on the recurrent vote amounting to E27 591 037.33 for various responsibility centres. This comprised expenditure on CTA vehicle worth E5 310 107.38, personnel costs  amounting to E17 498 464.27; travel and communication  amounting to E189 506.01; professional and special services amounting to E4 434.37, and durables  amounting to E108 525.00, under various responsibility centres in the financial year ended March 31, 2023.

When the ministry appeared before the PAC last year, the controlling officer told the committee that part of the funds were to be utilised for the purchase of vehicles for the new fire stations in Mankayane, Siphofaneni and Big Bend, but the tender processes were delayed. The amount of E17 498 464.27 was earmarked for personnel costs in the event the department lost its case against fire personnel in the ongoing court case, where the personnel were seeking payment of overtime claims.The PAC advised that the ministry pay the employees’ overtime.

Yesterday, the controlling officer told the PAC that much of the work intended for the budget was done, but the E17 498 464.27, intended for personnel costs, had not been utilised. According to the responses provided by the controlling officer, the process regarding the payment of overtime claims, which included the submission of claim forms by firefighters, was carried out.

Claims

“The PS told the PAC that none of the employees were eventually paid their overtime, because those responsible for processing the claims found that none of the firefighters qualified for the overtime payment. The reason given was that none of the workers had accumulated 208 hours of work. “This is based on an understanding that overtime claims in the fire department are paid when the worker has worked for over 208 hours monthly. The calculations showed that none of the firefighters accumulated over 208 working hours; instead, they were around 192, hence they could not be paid,” he said.

The controlling officer noted that they were still to present these findings to the court in July, as the matter was still ongoing. The PAC members were not pleased with the response given by the controlling officer, and wanted the workers to be paid as per the court order that ruled in favour of the employees. Dvokodveni MP Sifiso Shabalala wondered if the court understood that there was a specific formula used by ENFRES to calculate overtime and if that method was presented before the court. He asked if the employees were aware that they had to accumulate a certain number of hours. He said there was no way employees would drag a matter this far only to find they did not qualify. “Are you trying to tell us that not even a single firefighter deserved to be paid? Are you sure the calculations were done correctly?” asked the MP.

Kubuta MP Masiphula Mamba stated that he was very disappointed with the feedback shared by the controlling officer. He said as legislators, they do not take labour issues lightly, especially those concerning civil servants. “The workers would not have taken the issue to CMAC and court if they knew they had to acquire such a number of hours,” he said.
The MP further questioned why over E17 million was budgeted if the workers were not qualifying. He added that the money could have been used for other government responsibility areas. He said the response was disrespectful to the firefighters. “We cannot agree to such a disgrace. The controlling officers should go and pay the firefighters their overtime payment as per the ruling of the court. They should have told the court that the firefighters did not qualify for their money,” he said.

Ngwemphisi MP Bhekibandla Vilakati noted how risky being a firefighter is and questioned why they would not qualify for overtime payment. “Stop playing games with emaSwati; pay them their money accordingly,” he said. The MP said it was questionable that the ministry budgeted for overtime payments and then, when it was time to pay, the ministry changed its stance. Matsanjeni South MP Sabelo Ndlangamandla said the ministry was playing hide and seek and should stop doing so, and pay the employees the money they deserved.
Phondo MP Bonginkosi Dube questioned if the ministry was aware of the costs incurred by the taxpayer when this matter was in and out of court, only to claim that no one qualified. He said if the qualification criteria was true, it should have been stated from the onset.

Nhlambeni MP said it was wrong for a government department to violate workers’ rights. The PAC said with or without accumulated hours, the ministry must pay the employees as per the court ruling, and then revise the issue of hours after the current matter has been settled, since the overtime payment was budgeted for.

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