Appeal Court clarifies civil servants' suspensions

A ruling by the Industrial Court of Appeal in eSwatini has given clarity on the issue of suspension and disciplinary hearings for civil servants. According to the Times of eSwatini, the Industrial Court of Appeal overturned an earlier Industrial Court judgment that had halted disciplinary hearings for suspended civil service officers whose cases had not been finalised within six months. The ruling means affected civil servants across Ministries, including those from the Ministry of Health who were implicated during the investigation into the acquisition and distribution of medicines to public health facilities in eSwatini, must now appear before the Civil Service Commission (CSC). Some of the Health officials who now have to appear before the commission are those who the Anti-Corruption Commission recently failed to obtain warrants of arrest against. This was after Chief Justice Bheki Maphalala found that there was no prima facie evidence. The controversy stems from Section 194(4) of the Constitution, which provides that the matter of a suspended public officer must be finalised within six months, failing which, the suspension shall be lifted. The Industrial Court had interpreted this to mean that disciplinary charges would fall away after the lapse of six months.

However, the higher court clarified that the provision was never meant to shield officers from misconduct charges. Instead, it is intended to prevent prolonged and indefinite suspensions. ‘If the framers of the Constitution intended for charges to be quashed, they would have said so clearly. What the section provides is that the suspension shall be lifted,’ the court ruled. The judges emphasised that disciplinary control remains a key managerial prerogative and cannot be undermined by prolonged litigation, reports the Times of eSwatini. They noted that in many cases, suspensions had been linked to pending criminal charges, which delayed disciplinary processes. But under the Public Service Act, the CSC now has discretion to proceed with hearings even when criminal matters are still pending. Among the implicated officials is assistant director of the Central Medical Stores, Themba Motsa, who is accused of authorising irregular drug payments and facilitating wasteful expenditure of multi-millions. The judgment, delivered by Justices Nkonyane, Mazibuko and Lukhele, concluded that the Industrial Court ‘fell into error’ by declaring the charges invalid. The appeal was upheld with no order as to costs.

Full Times of eSwatini report