Simanga Mamba, the Chairman of the Civil Service Commission (CSC) owes the Nation and perhaps Cabinet, a clear explanation as to why the Commission facilitated the contract of employment for Government Spokesperson Alpheous Nxumalo knowing very well that, due to his current situation amid child rape criminal charges, he cannot render services to the Eswatini Government and be paid for work done.
Indeed, the fundamental purpose of an employment contract is to create a clear, legally binding agreement that defines the rights, responsibilities and of course, expectations for both the employer and employee while fostering a transparent relationship, preventing misunderstandings and ensuring compliance with labour laws by outlining key details like pay, hours, leave and conditions for termination.
It is important to state that, even though Alpheous Nxumalo is facing rape criminal charges, Government cannot use that as a justification to deprive him of his salary because at the time of the signing of the contract, Government through the Civil Service Commission, was fully aware of his situation and/or unresolved issues with the law.
In our siSwati culture, when a man marries a woman who was previously impregnated by another man, we call it “kuyitsatsa nelugogo lwayo”, Government entered into an ‘employment marriage’ with Nxumalo knowing very well that he was facing rape criminal charges, “Hulumende weMbube ukhetse kuyicasha nelu-khwekhwe lwayo”.
But an employment contract serves as a foundational document, protecting both parties and setting the stage for a productive work environment, it was not only absurd but enigmatic for the Commission whose Chairman is a lawyer by profession to disregard the fundamental principles of contract law and went on to renew the contract of a person facing serious child rape criminal charges.
Now Government is demonstrating reluctance in paying Nxumalo’s salaries after Prime Minister Russell Mmiso Dlamini rejected the Government Spokesperson citing rape charges and, claiming to be protecting Government and the King from unjust criticism.
It is important to state that, while the PM’s reasons to reject Nxumalo are justified, the Prime Minister must understand that he is not the Government but part of a Government and therefore, if the Civil Service Commission has done what in siSwati is called “kushayela batali bakho tinyoni”, he must find a way to ensure that this matter is amicably resolved without undermining the rule of law.
But there’s absolutely no other way to resolve this issue without paying what is due to Alpheous Nxumalo as per the contract of employment he signed with Government through the Civil Service Commission.
In the context of a company, the CSC is the ‘Human Resources Manager’ and the Prime Minister is the Managing Director of the same company or ‘Government’,
Alpheous Nxumalo was contacted and subsequently offered a contract of employment by the Human Resources Manager, a legitimate representative of the company responsible for hiring employees.
It is important therefore, to state that if the Human Resources Manager in this context being the Civil Service Commission, erred by signing a contract with the Government Spokesperson, this is absolutely non of Alpheous Nxumalo’s business and therefore, the delay and/or non-payment of his salaries is in complete violation of the contract and the country’s labour laws.
In this regard, the Managing Director of the company must authorize the payment and then, discipline his Human Resources Manager after consulting the Executive Director in this context, King Mswati as the Head of State.
But knowing the Executive Director, there’s huge possibility that, he was the one who instructed the Human Resources Manager to renew the contract without informing the Managing Director only to take a back-seat, pretending to be unaware after realizing that the decision was backfiring.
Mswati is an experienced “licili”, there’s was absolutely no way the Civil Service Commission could have renewed Nxumalo’s contract without informing him as the Head of State, it might even be hard to blame lawyer Simanga Mamba if King Mswati responded through a parable when the CSC approached him for guidance in this matter.
In this country, we are getting used to the King speaking in parables even on serious matters impacting our country, the reason Mswati speaks in parables is that as “licili”, he always create a gateway to deny everything in the event decisions made by State institutions and approved by him ‘backfires’.
In conclusion, it is important therefore to emphasize that despite all this confusion, Alpheous Nxumalo must receive his salaries as per the contract of employment, frustrating him is not only unfair but setting a precedent of injustice.
Prime Minister Russell Mmiso Dlamini.