Times of Eswatini

NAMBoard CFO runs to Supreme Court

- BY KWANELE DLAMINI

MBABANE – NAMBoard Chief Financial Officer (CFO) Mzwandile Kunene has taken his bid to halt his disciplina­ry hearing to the Supreme Court.

The National Agricultur­al Marketing Board (NAMBoard) Chief Executive Officer (CEO), Bhekizwe Maziya, suspended the CFO, Kunene and subsequent­ly preferred five charges against him.

A disciplina­ry process was instituted and Kunene’s two attempts to halt the hearing have failed so far. Industrial Court Judge Abande Dlamini dismissed his applicatio­n to stay the disciplina­ry proceeding­s.

Last Thursday, High Court Judge John Magagula dismissed Kunene’s review applicatio­n, due to lack of urgency and an incomplete record. The record of proceeding­s from the Industrial Court did not form part of the review applicatio­n that the CFO had filed at the High Court.

Yesterday, Kunene filed a notice of appeal in the Supreme Court. He raised two grounds of appeal. The first one is that the High Court allegedly erred in law and in fact in finding that his applicatio­n was not urgent.

The CFO submitted that the High Court erred in law and in fact by ignoring the applicable principle that he would be substantia­lly prejudiced if the matter was not to be enrolled on an urgent basis in light of the imminent pending disciplina­ry hearing. “The court ought to have found that the matter was urgent and that the applicant (Kunene) could not be afforded substantia­l redress in due course and stood to suffer substantia­l prejudice in the event the matter was not enrolled as one of urgency,” argued Kunene.

He further stated that the High Court erred in law and in fact in holding that his applicatio­n was defective for lack of a record of the Industrial Court, before determinin­g the review applicatio­n.

Incomplete

Kunene said the High Court ought to have found that the record of the Industrial Court was incomplete by virtue of the fact that the latter had not dispatched its written reasons. “The court a quo (trial court) ought to have granted a prayer that the Industrial Court should dispatch its written reasons for its ex tempore ruling before the matter could be decided on its merits. In the alternativ­e, the court ought to have held that the lack of the record was dilatory and not fatal to the applicant’s applicatio­n and as such could not be dismissed for lack of the record alone,” he added.

Kunene was suspended on January 16, in that after being served with his suspension letter on January 18, 2023, Kunene allegedly failed to return the company laptop. “In defiance of the written instructio­n and notwithsta­nding repeated verbal demands, you deliberate­ly and intentiona­lly caused to be removed the laptop from NAMBoard’s premises thereby committing the offence of gross insubordin­ation,” alleged the CEO.

The second charge is of misconduct as he is alleged to have ‘failed and/ or refused to surrender the laptop and proceeded to obstruct the investigat­ions that had been launched against him, by impermissi­bly causing to be deleted from the laptop informatio­n and/or details that were required for the course of the investigat­ion, thereby committing the offence of obstructin­g the course of a workplace investigat­ion. 2023 after he wrote a grievance notice against the CEO, Maziya, which was addressed to the latter and the Board of Directors, through which he made a number of accusation­s touching on the CEO. In the grievance notice, Kunene alleged that Maziya, who joined NAMBoard in April 2022, had employed bullying, intimidati­on and discrimina­tory antics against him.

When suspending Kunene, the CEO said the company management and Board had received credible informatio­n that implicated the CFO in acts of serious misconduct; and that investigat­ions into these were currently underway.

“The nature of the allegation­s, as well as their potential consequenc­es if found to be valid, require that you be interdicte­d from carrying out your duties of chief financial officer with immediate effect, pending the finalisati­on of the investigat­ions and/or the finalisati­on of any disciplina­ry process that may be Gross insolence is the third charge, constitute­d should the allegation­s establish in which it is alleged that the CFO, on a prima facie case,” partly reads the diverse occasions, exhibited insolence suspension letter. and/or employed insolent language

Kunene was informed that during the towards the CEO. “Your conduct as course of his suspension, he would not forestated was calculated to undermine be permitted to enter NAMBoard premises the authority of the chief executive without written consent or directive officer in total breach of your duty of from the CEO; he also had to hand over respect and subordinat­ion towards your his access keys, all the organisati­on’s employer,” reads the charge. keys and other company items in his Statements such as ‘pathologic­al lies possession, including a company laptop. which are nothing but a lie’, ‘save his

Further, the CFO was told to refrain own skin to win the Board’ and ‘he from contacting members of staff, misreprese­nted himself at a Board meeting’ particular­ly those in the finance, human were allegedly made by the CFO resources, IT and administra­tion department­s towards the CEO on or about November because these were identified as 13, 2022 through an email.

2023.Ž‘„ƒŽ potential witnesses. These words were allegedly used by

Almost three months after the suspension, Kunene with the intention to undermine Kunene was charged and notified the CEO’s authority over him of a disciplina­ry hearing that was to and thereby committed the said offence. commence on March 20, The fourth charge that Kunene

The first charge relates to gross insubordin­ation faces is incompatib­ility.

Language SITEKI – Delegates from the Global Food Banking Network in the United States of America (USA) will be visiting the country next month to learn more about the programmes being implemente­d by Food Quest Eswatini.

Food Quest Eswatini founder Celani Matsenjwa said the visit would prioritise agricultur­al projects currently implemente­d by the organisati­on in their quest to fight hunger in the Kingdom of Eswatini. Matsenjwa, who was in Mexico City late last month, in the company of Financial Director, Kholeka Mdluli, said they were able to share ideas on how best they could secure funding for their operationa­l strategy to boost the food bank in the country.

He said his organisati­on was in the process of getting certificat­ion from their mother body, to lure more partners and stakeholde­rs as they embarked on a process to launch their operations countrywid­e. “The organisati­on is on the verge of aligning itself with the sustainabl­e developmen­t goals as part of the government strategic plan in mitigating the issue of ending hunger and poverty eradicatio­n interventi­ons. An open communicat­ion and engagement with the public on the food bank mission is part of our drive,” he said.

Matsenjwa highlighte­d that they had shown keen interest in the United Nations Developmen­t Programme (UNDP) Eswatini youth empowermen­t programme. He added that they were also looking at offering internship­s to graduates on agricultur­al projects. “This will benefit those who studied agricultur­e and food nutrition. We are also inviting companies and government agencies, including individual­s and NGOs, to join us as we are also looking to officially launch Food Quest Eswatini during the visit of the delegation from the USA,” Matsenjwa elaborated.

He further mentioned that his organisati­on would continue to collect food surplus from the food value chain to be distribute­d to needy communitie­s. “We also promote the use of renewable energy through the solar backpack project aimed at assisting the less privileged primary school-going children in rural areas,” he said.

 ?? (Courtesy pic) ?? Food Quest Eswatini Executive Director Celani Matsenjwa (2nd R) and Financial Director Kholeka Mdluli (4th L) with other leaders of the global food banking network in Mexico City, Mexico late last month.
(Courtesy pic) Food Quest Eswatini Executive Director Celani Matsenjwa (2nd R) and Financial Director Kholeka Mdluli (4th L) with other leaders of the global food banking network in Mexico City, Mexico late last month.
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 ?? (Courtesy pic) ?? NAMBoard CFO Mzwandile Kunene is appealing the High Court’s decision to dismiss his applicatio­n to stop his disciplina­ry hearing.
(Courtesy pic) NAMBoard CFO Mzwandile Kunene is appealing the High Court’s decision to dismiss his applicatio­n to stop his disciplina­ry hearing.

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