Soldier in court over suspended salary
Mcourt.
BABANE – A soldier whose salary was suspended in 2009 has resorted to go to Thembumenzi Matsenjwa of Kwaluseni has since taken the army commander to the High Court over the matter. He is seeking an order directing the army commander and accountant general to reinstate his salary forthwith. Matsenjwa wants the court to declare the stoppage of his salary to be inconsistent with the Umbutfo Swaziland (Eswatini) Defence Force Order of 1977.
Not only was his salary allegedly suspended, Matsenjwa informed the court that over the same period, disciplinary proceedings against him were instituted and were yet to be concluded.
He wants the court to also declare the pending disciplinary proceedings to have prescribed in terms of paragraph 58 Second Schedule of the Umbutfo Swaziland Defence Force Order of 1977.
Matsenjwa, who is an army private based at Phocweni Army Barracks, informed the court that his troubles began when he fell ill in 2009. He said he was in and out of the army clinic, and due to the seriousness of his illness, he was referred to the Raleigh Fitkin Memorial (RFM) Hospital where he was treated and discharged to recuperate at home for a week. The veracity of these allegations is still to be tested in court. The army commander and other respondents are yet to file their answering papers. Matsenjwa is represented by Mhlengi Mabuza of Khumalo Attorneys.
Matsenjwa, who joined the army in 2002, submitted that after the week, he returned to work but after three days, his condition deteriorated. He said he lost his mobility and was taken home by Sergeant Ntshalintshali. This, according to Matsenjwa, was after the officers he shared accommodation with complained that his sickness was airborne.
He stated that it took about four months for his condition to improve and he regained mobility. While recuperating at home, army officials, he said, checked on him and brought supplies once during that period. The soldier informed the court that he recovered well as he continued to receive treatment from the army clinic.
SurpriSe
After four months, according to Matsenjwa, his salary was allegedly stopped and to his surprise, he was charged for being absent without leave and subjected to a court martial.
Matsenjwa submitted that the court martial was yet to conclude his matter. He said the only charge he faced was read to him but nothing happened thereafter. According to the soldier, he was advised to go back home and was given strict instructions to avail himself when called.
The army private further told the court that after three months of staying at home, he was instructed to appear before the commanding officer, Kenneth Zwane.
Matsenjwa alleged that Zwane uttered unpalatable words and accused him of feigning his sickness, instead of bringing him before the court martial in terms of Section 25 of the Umbutfo Swaziland Defence Force Order of 1977.
He said this went on for another year without being charged formally.
Sometime in 2010, according to Matsenjwa, a new commanding officer, Jabulani Dlamini, was appointed. He said he sought counsel from Dlamini after hearing about his appointment.
He said during a meeting he held with Dlamini, he informed him about his predicament. The new commanding officer, according to the army private, said he did not know about the matter but indicated that for purposes of addressing the issue, he would charge him with the offence of desertion in order to afford him an opportunity to state his case before a court martial.
“True to his word, after a period of two weeks I was called before the court martial for the offence of desertion and it was subsequently consolidated with that of absence without leave,” said Matsenjwa.
He submitted that he was told that there would be one witness to testify against him when the matter proceeded to trial. He alleged that he was not asked to plead.
“To that end, I made countless appearances without the matter proceeding as it would be postponed for one excuse after another. For instance, it would be postponed due to the absence of the witness or prosecutor, or that a quorum could not be formed. Sometimes a new panel would be constituted,” said Matsenjwa.
MarShal
He said during his last appearance before the court marshal in 2019, he was informed that the matter would be concluded within a week but that never happened.
“This is a clear abrogation of the right to administrative justice contained in Section 33 of the Constitution.”
He narrated to the court that when he joined the army in 2002, he took an oath of allegiance to be faithful to the King and the country, to serve and discharge his duties as an officer of the defence force according to law.
“I aver that my oath still stands, however, it is with deep sadness that I have been deprived protection of the very order on my case. I have been rendered destitute as my salary was stopped in 2009 without notice by the first and second respondents (army commander and accountant general).
“The intended disciplinary proceedings against me have not been concluded and the period of time since their institution to date is over 10 years and exceeds the period envisaged by paragraph 58 of the USDF Order. In my case, the trial for the offences alleged has prescribed and I further submit that it was wrongful and unlawful for the first respondent to withhold my salary,” he said.
The matter is pending before
Judge Zonke Magagula.