Govt spends over E3.5M on suspended cops’ salaries

MBABANE – Government has spent over E3.5 million on payment of salaries for 24 suspended junior police officers.

The figure covers a period of 16 months.

In light of the ongoing fiscal challenges, government continues to spend millions of Emalangeni on the suspended officials.

It has been established that funds spent on payment of the suspended junior police officers is only a tip of the iceberg, as many more officials within the police service, other government ministries and departments continue to receive full pay.

This is despite the fact that there is nothing work-related that they are doing for the taxpayer.

Parliamentarians, including the Public Accounts Committee (PAC), have over the years called for government to finalise dispute cases of suspended officials who continue to drain the public purse.

DELIVER

The first junior officers were suspended in late 2022, after they unprecedentedly participated in a march to deliver a petition to the former Prime Minister (PM), Cleopas Sipho Dlamini, seeking engagement with him on the implementation of Phase II of the police and Correctional officers’ salary restructuring exercise of 2014.

Some of the junior officers were suspended following allegations that they were part of those who visited the residence of the former PM to engage him on the above matter. Information gathered from some of the suspended junior officers was to the effect that they were indeed still on full pay while they have been suspended.

The late National Commissioner (NATCOM) of Police, William Tsitsibala Dlamini, said the junior officers’ actions were much against the provisions of Section 68 (3) of the Police Service Act, 2018.

During the period on which the junior officers had been suspended, government has spent a minimum of E3.5 million based on the scales of the lowest paid officers under the constable rank. The figure could, however, be as high as E4.6 million.

The suspended police officers are all constables. Of note is that there are 10 different notches under the rank.

According to the Kingdom of Eswatini Establishment Register, supporting the estimates of public expenditure for the financial year 2023, salary for a police officer under the rank of constable 1 is E111 842 annually equivalent to E9 320 on a monthly basis.

This means that over the past 16 months, government has paid a total of E3 578 880 in salaries to the 24 suspended junior officers. However, when calculating the amount paid based on the highest notch, which is notch 10, the figure is significantly higher.

REMUNERATED

The highest paid constable is remunerated E145 932 equivalent to E12 161 paid monthly to each police officer. This amounts to a total of E4 669 824 that may have been paid over the 16-month period.

Recently, Prime Minister, Russell Mmiso Dlamini assured police officers that he was aware of their plight regarding their welfare and assured that these issues would be addressed. This was during the PMs opening of the senior officers and civilian support staff members’ conference of the Royal Eswatini Police Service (REPS) at Matsapha Police Academy.

Dlamini said he had been informed about the concerns raised by the police regarding their welfare, including the delayed implementation of Phase II of the police and Correctional officers’ salary restructuring exercise of 2014.

ASSURED

The premier pointed out that he was working hand-in-hand with the Ministry of Public Service to address the matter. He further assured that the issue would be addressed before the end of the current financial year.

The re-assurance by the premier brought about a glimmer of hope to the junior officers who have over the years pleaded with government to implement Phase II of the salary restructuring exercise. The implementation of the first phase of the exercise saw senior officers getting an increment, while their junior counterparts were left behind.

Royal Eswatini Police Staff Association Secretary General (SG) Dumisile Khumalo confirmed that the 24 officers were still suspended on full pay as the matter had not yet been resolved. She queried the suspension on the basis that it was illegal since proper procedure was allegedly not followed.

She recapped that following their peaceful marches and delivery of the petitions, they were called by their superiors to the police headquarters in Mbabane under the impression that it was a friendly meeting.

She revealed that they attended the meeting in the company of their legal representative, but to their surprise, they were informed that she and their attorney should excuse the meeting since it was a friendly meeting, strictly for the junior officers.

QUESTIONED

“We questioned why we had to excuse them because as police officers, we worked under the association,” she said.

She mentioned that they complied and the junior officers engaged with their superiors, where they continued to question why the exercise had not been implemented. Khumalo said to their surprise once again, what they thought was a friendly meeting turned out not to be so, as the junior officers clashed with their superiors.

She said following the disagreement, the officers were handed letters of suspension without the presence of their attorney who was also chucked out of the meeting. “We questioned the legality of the suspensions because there was no legal instrument that was issued to that effect. What pains us the most is that we were given empty promises and informed that there were no funds yet senior officers continued to get salary increments after the first phase of the exercise was implemented,” she said.

Khumalo said they were still in pain

about the whole situation, because they worked under dangerous conditions due to the nature of their work. She also welcomed the assurance from the prime minister, who she said has shown his commitment to addressing the welfare of police officers. She said they were hoping that the issue of the implementation of Phase II of the police and Correctional officers’ salary restructuring exercise of 2014 would be considered and fasttracked by the PM.

ENCOURAGING

“It is encouraging that the PM has come out to state that he was passionate about our welfare and we hope that he stays true to his word and addresses the issues before the end of this year, as he has promised,” she said.

Meanwhile, in October 2022, the REPS and His Majesty’s Correctional Services (HMCS) junior officers took part in a march to deliver petitions at the Cabinet Offices over the Phase II implementation.

In November 2022, frustrated Royal Eswatini Police Staff Association members locked the Cabinet gate where about 14 junior officers who were driving in their private cars ascended the hospital hill to fetch responses regarding the implementation of Phase II of the police and Correctional officers’ salary restructuring exercise of 2014. This was when the frustrated junior officers visited the Cabinet once again to get responses on same, after that nothing had been communicated to them for close to a month.

The officers were attended to by a senior official who reported that the Principal Secretary (PS) Bertram Stewart, whom they had demanded to see, was out of office on official duties. The senior officer stated that the Phase II of the salary restructuring exercise was still being addressed.

‘‘The highest paid constable is remunerated E145 932, equivalent to E12 161 paid monthly to each police officer. This amounts to a total of E4 669 824 that may have been paid over the 16-month period.’’

However, the junior officers stated that they would wait for the PS, but upon realising that he was not arriving, they locked the gate while the Cabinet police officers were not looking. The junior officers who spent about one and a half hours at the gate, did not believe that the PS was not around. Eventually, they left just before the thunderstorm began, outsmarting the police officers on guard at the gate and locking the entrance.

DISCOVERED

Just a few minutes after the junior officers had left, the police officers manning the Cabinet gate discovered that it was locked with a padlock. This was after a car belonging to one of the employees wanted to exit. The driver then used an alternative gate. The PS’s car also arrived and he could not enter as the gate was locked. A senior officer attended to Stewart and reported what had happened, advising that he should also use the alternative gate, which he did.

Following the suspension of the 24 junior officers, the officers resorted to take the legal route. This resulted in the late NATCOM being interdicted from suspending or taking any disciplinary action against the junior police officers.

In the interim order, the court also stayed all disciplinary proceedings already instituted against the junior police officers for their participation or in relation to any conduct in connection with the delivery of petitions, protests or demands pertaining to the implementation of Phase II of the salary restructuring exercise of Circular No.2 of 2014. The provisional order, which was issued by Judge Zonke Magagula, came after the aggrieved police officers moved an urgent application. The junior officers, through their association, were seeking an order interdicting the commissioner from proceeding with their hearing or suspending them pending finalisation of the matters between the parties which were still pending in court.

CHARGED

The then NATCOM Dlamini, had formally charged the 24 junior police officers with a total of seven counts, which are related to the delivery of a petition to the Cabinet Offices, among others.

In her founding affidavit, SG Khumalo submitted that in the matter under Case No. 2023/2022, the first respondent (NATCOM) sought and obtained an interim interdict against the applicant (Royal Eswatini Police Staff Association) and its members from engaging in any form of petition delivery, strike action, picketing, etcetera.

She said the interim order still obtained. Sergeant Khumalo told the court that the gravamen of the applicants’ case in the main matter was that the delivery of petitions formed part and parcel of the lawful means of engagement in the exercise and enjoyment of the right to freedom of association and assembly.

She averred that the interdict sought by the first respondent and his counterpart from His Majesty’s Correctional Services constituted an unlawful and unreasonable restriction of their (junior officers) constitutionally guaranteed right to freedom of association and assembly.

“In total oblivion to the main matters herein, the first respondent has instituted disciplinary proceedings against applicant’s members (including myself) on the same issues, which are yet to be decided by the High Court in the main applications,” argued Khumalo.

She brought it to the attention of the court that the contents of the charges pertained to the applicant’s members delivering petitions, engaging in a march, wearing police uniform during their march, engaging the press on issues of the staff association.

“The High Court is already seized with the same issues and is yet to unpack the content of our right to freedom of association and assembly in the context of our duties and to also jurisprudentially guide the parties as to the enjoyment of those rights.

The first respondent is itching to dismiss us, hence he cannot wait for the due process of the law,” contended the SG. Khumalo said another issue that was pending before the High Court was that of the constitutionality of the first respondent’s conduct of appointing officers who were within the bargaining bracket to preside over cases of their fellow colleagues in REPOSA.

It was her argument that in terms of Section 67 of the Police Service Act, membership to the association was open to every police officer below the rank of assistant commissioner. She submitted that the first respondent had appointed officers below the rank of assistant commissioner to preside over their cases. In the matter, the applicant is represented by Human Rights Lawyer Thabiso Mavuso, while appearing for the NATCOM are lawyers from the chamber of the attorneys general.