New position less prestigious compared to clerk to Parly - Dlamini

MBABANE - According to the Former Clerk to Parliament Ndvuna Dlamini, as clerk to Parliament, he was the controlling officer and now he reports to the principal secretary in the Ministry of Agriculture, who is another controlling officer.

He alleged that at the time of receiving the letter of transfer, he was not familiar with the job description of under secretary-technical and could not then exhaustively speak to the adverse changes ‘but I reserved my right to do so in due course should it become necessary’.

Prestigious

Having served in the Ministry of Agriculture, Ndvuna submitted that it had become clear to him that the position was less prestigious compared to that of clerk to Parliament.

In a letter he wrote to the PSB, he told the Board that at his new workstation, he wielded less power and authority as a subordinate to the principal secretary from whom he took instructions. He said that was opposed to his previous position where he was the controlling officer as the clerk to Parliament. He said he controlled the budget of Parliament and he was vested with the overall administrative powers subject only to the overarching constitutional PSB in which he also served as an ex officio secretary.

He further told the Board that the clerk to Parliament worked in close proximity with the head of State, to whom he regularly reported on sensitive issues of national importance, including the convening of the first meeting of the new Parliament and the swearing-in of members of both the House of Assembly and Senate.

Ndvuna argued that his redeployment allegedly constituted a demotion within the meaning of Section 26 of the Employment Act as amended. He alleged that it amounted to an unfair treatment prohibited by Section 32(4) of the Constitution.

The former clerk to Parliament, however, alleged that the Labour Commissioner misconstrued his challenge and made a finding that his claim to be paid all the benefits and to be afforded all the privileges of his previous position while serving as under secretary-technical in the Ministry of Agriculture remained unsubstantiated.

Salary

The PSB, when the matter was before the Labour Commissioner, said it explained to Ndvuna that his personal right to his salary shall remain intact as it shall be maintained at the level of clerk to Parliament and principal secretary, notwithstanding that he would be serving as under secretary.

Regarding the loss of benefits, the PSB told the Labour Commissioner that it was common cause that while Ndvuna was still serving in the parliamentary service, his being there had an impact on the benefits he enjoyed as he discharged his duties as clerk to Parliament. The labour commissioner was also informed that the allowances, such as special duty allowance, he enjoyed were designed to specially cater for the staff of the parliamentary service. The matter is pending in court.