Times of Eswatini

PM was too ill during appeal

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and duties to decide the matter and acted on the dictation of another (the second respondent). He relinquish­ed his duty to exercise a right to a fair trial and just right to administra­tive justice,” Mpendulo alleged.

The veracity of these allegation­s is still to be tested in court.

He argued that the decision of the former prime minister was biased and malicious, not taken in a fair and just manner. Mpendulo submitted that Barnabas did not give written reasons for his decision in terms of Section 33 of the Constituti­on Act 2005.

Mpendulo of Mhlangatan­e in the Hhohho Region has applied to the High Court to review the decision of the former PM, who confirmed his dismissal.

He wants the court to set aside the decision to dismiss him and compel the police service to reinstate him. He further applied for his salary to be reinstated, among other prayers.

Unlawful

Mpendulo argued that his dismissal was unlawful. He alleged that the late NATCOM did not abide by the rules of natural justice and the right to administra­tive justice in law when dealing with his matter.

Mpendulo is represente­d by Leo

Ndvuna Dlamini.

Meanwhile, the late National Commission­er of Police, William Tsitsibala Dlamini, during his tenure, said there was nothing to suggest that Barnabas was biased or that he did not observe the rules of natural justice or the requiremen­ts of administra­tive justice.

According to William, who deposed to the answering affidavit, from the averments, Barnabas was sick, went to hospital and died a week later. The former national commission­er pointed out that Mpendulo did not substantia­te his allegation­s, which he denied as baseless.

William said the disciplina­ry proceeding­s were lawfully conducted in accordance with the Police Act and regulation­s in terms of which the commission­er exercised disciplina­ry powers over the applicant.

He argued that the disciplina­ry powers were long delegated to the commission­er by the Civil Service Order 16/1973 in terms of sections 181 and 187 of the Constituti­on.

He further told the court that the provisions of Section 189 of the Constituti­on were subject to the establishm­ent of the Police Service Commission in terms of Section 267 of the Constituti­on.

According to William, the Board before, which Mpendulo appeared, was a lawful creature of the Police Act of 1957 and its regulation­s as applicable in 2014. He said the Police Act of 2018 was inapplicab­le because it was not in force in 2014 when Mpendulo’s conduct was inquired into.

The late NATCOM further informed the court that there was no legal requiremen­t for the national commission­er to personally appear before the PM to defend his decision.

“Only the applicant had to appear to prosecute his appeal. I further deny the unsubstant­iated allegation­s of bias, failure to apply the mind to the issues, malice, dictation and mere reliance on the letter of dismissal.

Proceeding­s

“On written reasons, an applicant cannot so complain because he did not request for same. He was contented with the spoken word. The single officer’s proceeding­s were similar to those of the magistrate­s’ court trying criminal cases. The record bears out this fact,” William submitted.

William also argued that Mpendulo’s founding papers did not support the relief sought. He said each of the relief’s sought could not be granted for the reasons set out herein below.

Mpendulo’s prayer for reinstatem­ent with arrear wages, according to William, was unfounded and untenable because he pleaded guilty to the dishonest act of theft, which eroded the necessary element of trust in the employment relationsh­ip. The matter is pending in court.

 ?? ?? The late National Commisione­r of Police William Tsitsibala Dlamini had deposed to an answering affidaVit, disputing that the former PM was biased.
The late National Commisione­r of Police William Tsitsibala Dlamini had deposed to an answering affidaVit, disputing that the former PM was biased.

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