MBABANE – Alpheous Nxumalo says negotiations between him and government over a settlement failed.
This is despite that government, which seeks to terminate Nxumalo’s spokesperson’s three-year contract, made a new offer of E1.2 million to which he reportedly responded on Monday. Nxumalo’s attorney, Khumbulani Msibi, informed the court that negotiations for a possible settlement had allegedly failed to yield an agreement. “We are now stuck with this (contempt of court) application,” said Msibi. However, Principal Crown Counsel Ndabenhle Dlamini told the court that he believed that ‘we’re settled’.
Msibi on the other hand said: “They intimated to bring another offer. They haven’t done that as far as I am concerned. Nothing is written.”
Dlamini said government has upped the offer, from about E420 000 to E1.2 million. Msibi argued that nothing regarding the said offer is in writing.
Judge Abande Dlamini enquired from Ndabenhle why they had not put the offer in writing before coming to court. According to Ndabenhle, the parties had communicated the previous day. Judge Dlamini further asked: “Why not at least send a text or WhatsApp message? Use the available technology, Minister Savannah is doing a lot to bring us up to speed and you are still stuck in medieval ages.” The matter was postponed to May 26, 2026.
Government’s rejected E424 000 offer represented approximately eight months of Nxumalo’s salary of E53 000, according to his contract. This offer was intended to terminate his contract of employment worth E1.9 million, which the State has described as untenable.
However, Nxumalo rejected the proposal in its entirety. His argument was that the offer was an attempt to resolve a contempt of court application through an unrelated termination package. Nxumalo maintained that he has not been dismissed and, therefore, cannot be subjected to a termination-based settlement structure within the current proceedings.
The conflict originated in late 2025. Despite signing a three-year fixed-term contract in September 2025, effective from October 1, 2025, Nxumalo has reportedly not received a salary since that date. While the government argued that Nxumalo had not reported for duty, the court previously noted that the responsibility to facilitate his return to work rested with the employer.
Nxumalo maintained he was ready to assume his duties, but was effectively placed on unpaid suspension without a hearing. This led to a judgment on January 21, 2026, which ordered the State to pay his salary arrears for October and November 2025.
The current litigation focuses on government’s failure to comply with the January 21 order. Nxumalo has instituted contempt proceedings against three senior officials: Bheki Bhembe, Principal Secretary in the Prime Minister’s Office, Nhlanhla Mnisi, Executive Secretary of the Civil Service Commission and Nomsa Simelane, the Accountant General. Nxumalo is seeking the committal of these officials to prison for three months for what he describes as willful disobedience of a court directive. He argues that his position is budgeted for and there is no justifiable reason for the non-payment.
Beyond the salary dispute, Nxumalo’s legal team is mounting a constitutional challenge against Section 4 of the Government Liabilities Act of 1967. They argue the act improperly shields the State from the enforcement of judicial orders, creating an inequality between government and ordinary litigants.
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