MBABANE – Alpheous Nxumalo is rejecting the E420 000 settlement offer proposed by government to terminate his fixed-term employment contract.
Nxumalo is instead insisting on full payment of his contractual benefits and outstanding salary arrears.
The rejection was communicated through Magagula Attorneys, who wrote to the principal secretary in the Prime Minister’s Office confirming that Nxumalo had scrutinised the offer and instructed that it be rejected in its entirety. The attorneys emphasised that the matter, currently before the Industrial Court, relates to the enforcement of an existing court order compelling government to pay outstanding salary arrears, and not negotiations of termination or unfair dismissal.
Nxumalo’s legal representative, Khumbulani Msibi of Magagula Attorneys, argues that the E420 000 offer, which is understood to represent approximately eight months’ salary, falls outside the scope of the dispute currently before court. They maintain that Nxumalo has not been dismissed from employment and therefore cannot be subjected to a termination-based settlement structure. The dispute arises from ongoing contempt of court proceedings in which Nxumalo is seeking the enforcement of a January 21, 2026 judgment that ordered government to pay his salary arrears. Nxumalo subsequently approached the court after government had failed to comply with that order despite proper service.
He has instituted contempt proceedings against senior government officials, namely the Principal Secretary in the Prime Minister’s Office Bheki Bhembe, the Executive Secretary of the Civil Service Commission Nhlanhla Mnisi and the Accountant General Nomsa Simelane. Nxumalo is seeking their committal to prison for three months, alleging wilful disobedience of the court order. Court papers indicate that Nxumalo has not received salary payments since October 2025, despite having signed a three-year fixed-term contract in September 2025 with effect from October 1, 2025. The terms of the contract include the payment of a monthly salary of approximately E53 000. He maintains that he was ready to assume duty but was instead prevented from doing so and effectively placed in a position of unpaid suspension without being afforded a hearing.
The matter escalated further during proceedings before the Industrial Court last week, when government representatives informed the court that the employment relationship between the parties had become untenable and that discussions were underway to terminate the contract. Principal Crown Counsel Ndabenhle Dlamini, assisted by Principal Crown Counsel Henry Sibandze, indicated that government was prepared to offer an exit package as a settlement to bring the contract to an end.
Judge Abande Dlamini is presiding over the matter and he questioned delays in compliance with the court’s earlier order and expressed concern that negotiations appeared to only intensify when the matter was already before court. Following these developments, government was directed to table a formal written offer by close of business on Friday, and the matter was postponed to today.
In rejecting the offer, Nxumalo’s attorneys argue that government is attempting to resolve a contempt of court application through what they describe as an unrelated termination package. They state that the issue before court is strictly compliance with a valid court order and payment of salary arrears, not negotiation of separation terms.
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