MBABANE:Government Spokesperson Alpheous Nxumalo who reached the retirement age of sixty(60) on Thursday has a three(3)year contract that expires in May 2025.
The contents of the contract and other documents was leaked to this Swaziland News as it forms part of Nxumalo’s agreement with one of the eSwatini Banks.
A questionnaire was sent to the Government Spokesperson, however,he had not responded at the time of compiling this report.
But the contract of employment means,despite reaching the retirement age,Nxumalo remains legally employed as Government Spokesperson.
On Friday, Nxumalo was sitting with other important guests during the Army Day Celebration at the Army Headquarters-Nokwane.
Reached for comments on the legality of a contract,Wander Mkhonza,a unionist and Secretary General(SG) of the Amalgamated Trade Union of Swaziland(ATUSWA)questioned the legality of the contract considering the fact that, it allows Nxumalo to work even after reaching sixty(60) years.
But the well-known unionist clarified that, the contract “is binding” if both parties were aware that, it will go beyond the retirement age.
“On the face value of the matter it would seem someone in government failed to do due diligence when the employment contract was entered into between Mr. Nxumalo and government because it should have been picked up that he would attain retirement age in the middle of the contract.The contract, particularly the term of the contract is binding if the employer and the employee were aware when they entered into the contract that it would go beyond retirement age and they decided that they would contract outside the National policy of 60 years and to make it neat the employer and the employee should have crafted a clause into the contract that speak about the departure from the National policy.If the parties did not address this issue and if there is no clause to that effect, the employer may terminate the contract by giving the employee notice in terms of the contract”, said the ATUSWA Secretary General.

Government Spokesperson Alpheous Nxumalo.