Africa-Press – Eswatini. Under Secretary at Deputy Prime Minister’s (DPM) Office Hlobisile Dlamini has noted that the employees constituted for her disciplinary hearing have no capacity to do so, citing that their positions are junior to hers.
The papers are in response to an answering affidavit submitted by Principal Secretary (PS) Makhosini Mndawe at the Industrial Court. This was in response to an urgent application filed by the US, in which she seeks to stop a preliminary investigation into her conduct after she was alleged to have flouted procurement procedures when engaging suppliers, and in particular Slomoes Corporation.
The US, in her answering affidavit, said it was embarrassing, ‘with respect, to learn from the principal secretary’s submission that he does not know the administration of Eswatini Government, including how one is to formulate disciplinary proceedings and following procedure’.
She stated that by virtue of being the under secretary, she reported directly to the principal secretary, who is cited as the first respondent in the matter, and that she was the third reporting officer in line when reporting to a minister.
She submitted that all the employees who have been selected (for the purported disciplinary hearing) were junior and therefore, could not be expected to handle her alleged disciplinary investigation in a fair manner.
“They have also been appointed by someone who has a grievance against him and they cannot be said to be impartial. These employees are also junior to me as I demonstrate that below is Douglas Dlamini, whose substantive position is senior labour officer, a position that reports to the principal labour officer (which he is currently holding on acting basis),” she stated.
She further added that the position was nowhere near to be senior in the department of labour as it was headed by the commissioner, deputy and assistant labour commissioner as subordinates.
She also cited Sabatha Dlamini, who is a legal officer at the Ministry of Works, a position she said, played a seconded function within government representing the office of attorney general.
The US said that this position reports to the legal advisor in the ministry and that the incumbent was a former personal assistant to the former DPM.
“I worked with her in the Office. She also advised and directed the Road Transportation Appeals Board on legal matters where I was the secretary to the board.
Also part of the committee is Thabsile Dlamini, the principal accountant. The US submitted in her papers that the accountancy cadre had a clear demarcated reporting structure.
Position
“Government has this position across its ministries and by virtue of its function and structure in ministries, they are subordinates to me as the under secretary,” reads the papers.
“There is also Bheki Tsabedze, recently appointed director personnel administration, his reporting line is the under secretary in his ministry.
“Before his recent promotion to this position he was principal crown counsel, and was a member of a committee that i chaired which is Foster Care Placement Committee,” she stated.
Others expected to sit in the disciplinary hearing are Vulindlela Ginindza and Lucky Vilakati.
The US submitted that the deponent was denying the fact that these officers were her subordinates and administratively reported to her.
She said it was on technical issues that the principal secretary gets involved. “These officers play a seconded function from their parent ministry. If they report to the Principal Secretary, it is by his own doing, design, being vindictive,” she submitted.
She further stated that these positions would never act in the position of principal secretary when the PS was away from the office, adding that this was in line with the administration policy of Eswatini government.
“The principal secretary has never appointed either of these officers on an acting basis while he was away from office. It has always been the under secretary, through the Acting instruments.
“The deponent is not being candid with the court when he says that these officers are not junior to me. If they never acted in his position then they cannot be senior to me. She further submitted that she a had a right guaranteed by the Constitution to appear before an impartial and independent body in the grievance hearing.
She said this was so because she was a very senior officer in the civil service and reports directly to the principal secretary.
“The complaint is against the principal secretary. There is no officer within the civil service that is above the principal secretary except the ministers. Ministers cannot be expected to hear grievances.
The office of the attorney general is conflicted on the matter as it has been involved already on the matter. “It may still be retained should the matter be escalated into the disciplinary hearing. I therefore submit that in the interest of justice and labour relations, a labour law practicing attorney should be able to handle my grievance,” she submitted.
She further stated that she would not mention the name of the labour law attorney, as she does not want to be accused of choosing her own people.
“This court can choose the labour law attorney. Alternatively, the court can direct that the parties agree on the labour law attorney to hear the grievance,” she stated.
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