Dismiss transferred cops’ application - NATCOM

MBABANE – The national commissioner of police has implored the High Court to dismiss the application filed by five transfer-listed members of REPOSA.

The five were reportedly at the forefront of the demand for Phase II of the salary restructuring exercise implementation.

In his answering affidavit, National Commissioner (NATCOM) of Police William Dlamini informed the court that the Secretary General (SG) of the Royal Eswatini Police Staff Association (REPOSA) Sergeant Dumisile Khumalo was in a frolic of her own, as she never involved the other executive members of the association when she wrote a letter challenging the transfer of the five police officers.

He narrated to the court that mid- December 2022, a formal communiqué had already been forwarded to all duty stations of members of the Royal Eswatini Police Service in the country. He averred that the assertion that the transfers were rumours was misleading to the court. Dlamini confirmed to have received the letter from the REPOSA SG on December 19, 2022, over transfers.

According to Dlamini, in December 2022, he met with the regional commissioner of Manzini, Malkerns station commander, Senior Deputy Commissioner Emmanuel Sula Dlamini, Superintendent Libson Mabuza and the SG of REPOSA.

“Sergeant Dumisile Khumalo was present in the meeting. I asked if she was aware of the letter challenging the transfers and she confirmed. I further invited her to make representation on the letter but she refused to, stating that when the letter was written she was not on her own. She was with other members of the national executive committee,” submitted the NATCOM.

Dlamini said he adjourned the meeting and instructed Superintendent Mabuza to invite the result of the national executive committee of REPOSA for a meeting on the same day. He highlighted that the other members of the national executive of the association were Sergeant Lukhele, Sergeant Boy-boy Thwala and Themba Gwebu.

“I also gave them audience to make representation on the letter but they disassociated themselves from it. They said they never met as the staff association or let alone the members of the national executive committee to deliberate on the transfers and take a resolution as an association to challenge the transfers,” argued the NATCOM.

He denied communicating with Superintendent Mabuza to advise the meeting on January 4, 2023, that the issue of transfers should be held in abeyance until further notice pending finalisation of the Incwala Ceremony and other related activities

Transferred

“I deny that the officers were not aware of the full list of police officers due to be transferred. The lists were issued on December 9, 2023 for all transferring officers. On January 17, 2023 the officers concerned ought to have been transferred using transport availed by government, but defied the transfers and continued to stay at their previous duty stations,” he argued

It was further his submission that after realising that the officers who were being transferred disregarded the transport offered, they were invited to a meeting by some senior officers who are better placed to respond.

“The applicant’s (REPOSA) members were consulted as early as from June 2022 and the subsequent months thereof, this was not a short notice. Pursuant the consultations, transfers had been scheduled to take place while schools were close to accommodate the issue of school going children as well,” he argued.

He told the court that the decision to transfer the police officers was taken after having considered the representation made by the applicant’s members. “The five officers are now dormant at Matsapha Academy and so are the other officers who ought to have replaced them at their previous respective duty stations and also those who ought to have been replaced by those,” submitted the NATCOM. He said this was the position in all the affected police stations and this had caused shortages in the different police stations.

“The shortage of staff in the respective duty stations countrywide also poses a threat to security and service to the general public. The transfers countrywide have basically been significantly affected by the five officers, who are the only ones challenging the transfers out of 185 officers, who were also transferred,” said the NATCOM.

According to Dlamini, the mandate of the police service had been significantly frustrated in terms of delivery of services. He argued that, this was so because by heeding to a transfer, an officer relocated and opened up accommodation to a new officer replacing him or her, which was impossible in this instance.

He pointed out that the five officers still occupied the houses which they ought to have vacated for the new officers.

The police officers filed an urgent application at the High Court through REPOSA. They are represented by Dumisani Hleta of DEMHleta Legal. The application will be heard today. Government is opposed to the application and it is yet to state its reasons for the opposition.

REPOSA previously wrote to the NATCOM, raising concerns over the timing of the transfers. They described the transfers as an act of victimisation and a stratagem to scatter the loyalists of the police staff association.

The SG alleged that the national commissioner ordered her to withdraw the letter where the association was challenging the transfers.

The letter was written on December 19, 2022. Khumalo was resolute in her conviction that she would not withdraw the letter but rather seek legal recourse.

The NATCOM of police is represented by Naluthando Xaba and the matter is still pending in court.