TSC’S MDUDUZI WANTS SUSPENSION SET ASIDE

MBABANE - Suspended TSC Executive Secretary Mduduzi Nkambule wants his suspension set aside.

TSC is the Teaching Service Commission. Nkambule was suspended after he was arrested and charged with contravening Section 27 of the Prevention of Corruption Act No.3 of 2006. He has since taken the principal secretary in the ministry of education and training to the Industrial Court where he is seeking an order reviewing or setting aside the decision to suspend him.
He was suspended from work on December 16, 2013.

Other respondents in the matter are the Civil Service Commission (CSC)and the Attorney General.
“The suspension itself is unreasonable and grossly unfair in that it is indefinite and ex-facie, it is based on an unknown future event which itself will not determine my future employment with the Civil Service Commission. Further no disciplinary charges, as yet, have been preferred by the respondents against me,” Nkambule said.

In his application he stated that the CSC does not have powers in law to suspend him.
He further stated that he was a long time employee of the Swaziland Government with more than 30 years of continuous employment.
Nkambule submitted that on or about October 23, 2013, he was arrested and charged with contravening Section 27 of the Prevention of Corruption Act.

“Pursuant to the arrest, I duly appeared in court and was admitted to bail at the Mbabane Magistrates Court. Following the arrest and my admission to bail, the Anti-Corruption Commission (ACC) of Swaziland duly wrote a memorandum on October 31, 2013, which advised the Civil Service Commission and copied to the ministry of education and training and the TSC about my arrest,” he stated.

Veracity

These are allegations contained in an affidavit whose veracity is still to be tested in court.
He stated that it was strange that the chairman of the TSC had the temerity to write to the principal secretary in the ministry of education and training advising him to act when both of them had been copied the letter from the ACC. The suspended TSC boss further stated that on or about November 7, 2013 the chairman of the TSC wrote a memorandum notifying the principal secretary about the memorandum received from the commissioner of the ACC and the importance to act on it.

“On November 18, 2013 I received an invitation from the executive secretary of the Civil Service Commission requiring me to show cause why I should not be suspended from work pending finalisation of the criminal matter against me, in terms of Regulation No.16 of 1973. I was invited and/or directed to appear on November 27, 2013 before the Civil Service Commission,” he stated

Nkambule alleged that the CSC failed to take into account and apply its mind to the facts that there was nothing to substantiate that he had received  the letter of invitation and as such aware of the hearing.

“I humbly submit that it was grossly irregular for the Civil Service Commission to suspend me on December 16, 2013 without hearing my side in as much as I was attending court on that day, nor had I received the letter inviting me for that date,” Nkambule said.

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