E6 129 729 paid to 24 suspended cops

MANZINI - The amount paid to 24 police officers, who were suspended for partaking in a march in 2022, now stands at about E6 129 729.60.

This is because when civil servants were remunerated last month, which was from about the 20th, the 24 junior police officers received their 20th salary while on suspension.

On average, the suspended police officers earn about E12 770.27 before any deductions, in line with their tax obligations, which when multiplied by their number (24) amounts to E306 486.58 per month.

This amount when calculated for the 20 months they have been suspended, amounts to E6 129 729.60.

Participation

The junior police officers were suspended following their supposed participation in or in relation to any conduct in connection with the delivery of petitions, protests or demands about the implementation of Phase II of the salary restructuring exercise of Circular No.2 of 2014.

In 2022, police officers and junior officers from His Majesty’s Correctional Services (HMCS) engaged in a march to deliver a petition to then Prime Minister (PM), Cleopas Sipho Dlamini, where they delivered a petition seeking the implementation of Phase II of the salary restructuring exercise of Circular No.2 of 2014.

This act was scorned by the leaders of both institutions – HMCS Commissioner General (COMGEN) Phindile Dlamini and deceased National Commissioner

(NATCOM) of Police William Dlamini.

However, after this act, some junior police officers also drove to the homestead of the premier, where they were set to express their frustrations, resulting from the failure to implement Phase II of the salary restructuring exercise of Circular No.2 of 2014.

At the time the junior officers arrived at the ex-premier’s homestead, Dlamini was not home. This resulted in them driving away. Despite this, their action led to some of them being suspended.

Initially, they were suspended without pay; however, they filed a court application, which resulted in the office of NATCOM being interdicted from suspending or taking any disciplinary action against the 24 junior police officers.

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, sought an order interdicting the office of the NATCOM from proceeding with their hearing or suspending them, pending finalisation of the matters between the parties, which were still pending in court.

The NATCOM had formally charged the 24 junior police officers with a total of seven counts, which were related to the delivery of a petition to the Cabinet

offices, among others.

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

Petitions

She said the interim order was still obtained.

Sergeant Khumalo told the court that the gravamen of the applicant’s 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 HMCS 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 uniforms during their march, and engaging the press on issues of the staff association.

Seized

“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 colleagues in REPOSA.

She argued 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 was represented by Human Rights Lawyer Thabiso Mavuso, while appearing for the office of the NATCOM were lawyers from the chamber of the attorney general.