MBABANE – It’s back to square one for police officers whose disciplinary hearings were halted pending the determination of the constitutionality of the Board that hears their cases.
A number of police officers instituted proceedings in court and obtained interim orders stopping their disciplinary hearings while they pursue orders declaring the Administrative Board in the police service unconstitutional and directing that a Police Service Commission be put in place, as the Constitution provides.
Yesterday, a full bench, Judge Nkosinathi Maseko, sitting with judges Bonginkhosi Magagula and Bongani Dlamini, dismissed the application that was filed by the Secretary General of the Royal Eswatini Police Staff Association (REPOSA), Sergeant Dumisile Khumalo and Sergeant Isaac Lukhele.
The officers had approached the court seeking orders, including declaring that the establishment of the Administrative Board in terms of Section 52 (d) of the Police Service Act 22/2018 by national commissioner of police is unconstitutional, as it is inconsistent with Section 173 (1) 176 (1) and 178 of the Constitution and, to that extent, the said Section 52 (d) of the Police Service Act be declared unconstitutional, unlawful and of no force and effect.
Alternatively, they wanted the court to declare that the composition of the Administrative Board is inconsistent with Section 33 of the Constitution and is, to that extent, unconstitutional.
Their other prayer was for the court to direct and compel the prime minister and national commissioner to, within 30 days from grant of this order, recommend to the King names of suitably qualified, competent and experienced people eligible for the appointment as members of the Police Service Commission, established in terms of Section 173 (3) and 173 (4) of the Constitution Act as read with Section 17 (2) of the Police Service Act 22/2018.
They further prayed for a stay of the disciplinary hearing against them, which was set for June 17, 2020 at the Matsapha Police Academy, pending finalisation of this application.
Both sergeants, Khumalo and Lukhele, are among 20 police officers who were set to appear before the Administrative Board, appointed by the national commissioner, for their disciplinary hearings after being served with charge sheets on May 6, 2024, to appear before the Administrative Board.
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Cop accused of stealing meat at Lozitha affected
MBABANE – The judgment of the full bench also affects the police officer who is accused of stealing meat at Lozitha Royal Palace.
Jabulani Ronnie Ndzinisa’s disciplinary hearing was stayed pending determination of his and other police officers’ challenge of the constitutionality of the Administrative Board in the police service. Their consolidated cases were yesterday dismissed by the full bench.
The applicants also contended that the national commissioner preferring charges against them and appointing a tribunal to preside over the hearings rendered the exercise unlawful. The respondents, including the national commissioner, raised points in limine, arguing that the matter lacked urgency, the question of law was settled by previous court decisions and the relief sought was incompetent.
*Full article available in our publication
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