PS, US conflict: I assumed it was settled - DPM
MBABANE – Deputy Prime Minister (DPM) Themba Masuku says he assumed that the matter between the under secretary and principal secretary in his office had been settled.
The DPM said his assumption was based on the fact that he had spoken to the Under Secretary (US), Hlobisile Dlamini, and Makhosini Mndawe, the Principal Secretary (PS), about their issue and asked them to come up with suggestions. According to Masuku, none of them said anything and he assumed that the matter had been settled.
This is contained in an affidavit that the DPM filed in court in the matter between Dlamini and Mndawe. Dlamini took Mndawe to court to stop him from, among other things, investigating her for alleged acts of misconduct.
Wished
The DPM had been called upon by the court to inform the court if he wished to be cited and take part in the court proceedings and if he heard and finalised the formal grievance that was filed by the US.
Masuku, in his affidavit, stated that he wished to stay clear of the court processes because he believed that Dlamini and Mndawe should have the matter dealt with without him being seen to be taking sides because his position was political. He said he did not play any role in the grievance procedure within the government labour dispute system. “Both parties in their official capacities are useful to me in order to exhibit superb functioning of my office,” said Masuku.
The DPM confirmed receiving a letter dated February 21, 2022, written by Dlamini for him to give a solution. “In terms of the letter, the applicant brings to my attention that the working relationship with the principal secretary is irreconcilable, thus leading to a working environment that is toxic and unworkable,” he added.
Solution
Masuku said having understood the letter, he called the parties on a date he could not recall, in order to give a solution. He said he sat with the two at a round table. Before the meeting, according to Masuku, he called the PS and told him about the context of the letter by Dlamini ‘and impressed upon him to work hand in hand with the US’.
“May I submit that the joint meeting I had with both parties was relaxed and you could not tell that there was any acrimony between the parties. After discussing the matter at hand, I humbly requested the parties to work as a team and if recall the native words I said were; ‘Bantfwabami bambanani nisebente kanye kanye umsebenti waka DPM’,” said the DPM.
Masuku told the court that the US and PS used to have a vibrant relationship and he noted that upon reading Dlamini’s letter, the team spirit was no more, ‘hence my solution that we should go back to the basics’.
He said a chance was availed to the two to come up with suggestions but they did not say anything.
The DPM mentioned that if Dlamini wanted the PS to be disciplined, the grievance should have been reported to CMAC, ‘which has power to investigate any misconduct committed by the first respondent (Mndawe) if any, working with the Ministry of Public Service’.
Investigation
“On my part, I had to give a solution, which I did and was accepted by both parties. My political role does not allow me to say anything about the ongoing investigation. In any event, I am made to understand that the committee has thus far gathered evidence from seven witnesses and the process was stayed after the court application.”
When the matter was heard yesterday, Dlamini told the court that instead of her grievance being heard, Mndawe set up a committee to investigate her on acts of misconduct. She said there was no complaint against her in the audit report the DPM’s Office received from the auditor general.
Dlamini submitted that she was sidelined on the meeting to prepare a response to the auditor general since the controlling officer was invited to comment on the audit report if it was true or not. Dlamini said Mndawe accused her of certain acts of misconduct. She informed the court that Mndawe had formed a view that the acts she allegedly committed constituted of misconduct.
“The court will also take note that the person who is writing this has a pending grievance against him which had not been heard and finalised. The complaint of the applicant (Dlamini) is essentially that she lodged a complaint against the first respondent (Mndawe) and should be finalised first before the alleged investigation. The other complaint is that the first respondent has no disciplinary powers and ought to have deferred the matter to the CSC,” said Dlamini.
Conflicted
She also told the court that Mndawe was clearly conflicted on the matter. She further complained that the selected committee comprised junior officers.
She insisted that there was a sound and valid complaint or grievance that she lodged against Mndawe for ill-treatment.
The grievance, according to the US, related to the audit report, and she now faces acts of misconduct. Dlamini said she hoped the DPM would assist the court with the true position. “On reading the audit report, the applicant is not accused of any wrong doing. The applicant views the action of the first respondent as totally unfair conduct which should not be accepted by this court. The court has a right to interdict the alleged investigation pending finalisation of the grievance.
Grievance
“It is clear that the investigation is done in bad faith to defeat the grievance. It stands to reason that once the applicant is disciplined, she will be dismissed and that would render the grievance moot.”
She further argued that there was valid reason for the employment of an independent labour law practitioner to hear her grievance. Dlamini submitted that the PS was a senior government employee reporting to the minister, appointed by His Majesty the King. “There is no junior government employee who can adequately hear a grievance against him.
“The first respondent is even conflicted in the matter to set up an investigation team against the applicant when he knows that there is a pending grievance against him. The proper person to handle the matter is a labour law practitioner to be nominated by the court,” she argued. Dlamini is represented by Derrick Jele of Robinson Bertram in the matter, while Assistant Attorney General Mbuso Simelane represented the PS.