The ongoing Industrial Court case filed by Government Spokesperson Alpheous Nxumalo cannot be viewed as a normal labour dispute between Government and an employee but, it’s outcome and the possible subsequent implementation of a court order and/or out of court agreement, will expose the Tinkhundla regime in the event Nxumalo gets paid while sitting at home facing child rape criminal charges.
Mbongwa Dlamini, the President of the Swaziland National Association of Teachers (SNAT) never raped any child but has been facing political persecution merely for being the voice of teachers in the country, Government is refusing to release his outstanding salaries despite consistently ordered to do so by the courts.
Now, an alleged child rapist is facing a similar situation, we are early waiting to see how will this matter end and, should Government release Alpheous Nxumalo’s salary while Mbongwa Dlamini’s children are starving at home without food, then Tinkhundla would have confirmed itself as a regime that prefers to feed alleged rapists while starving innocent trade union leaders.
Well, the SNAT President has been receiving financial support from international organizations including the local teachers’ organization to survive but, he must be paid his outstanding salaries so that he can take care of his family.
As the editor, I am following the case of Alpheous Nxumalo very closely, in terms of the law both Nxumalo and Mbongwa are entitled to their salaries, the Government Spokesperson signed a contract and must be paid his salaries if there’s a contract.
Indeed, we can’t blame the Government Spokesperson but those offered him the contract of employment while facing rape charges must account, Nxumalo was sitting at home and he had accepted that his contract had expired but, Simanga Mamba, the Chairman of the Civil Service Commission (CSC) and other CSC Commissioners renewed the contract.
So if Alpheous Nxumalo is not wanted by Prime Minister Russell Mmiso Dlamini, justice and/or fairness suggests that, he must be paid for the entire contract not just the two(2) months he is demanding currently
Injustice must be condemned, even if it’s against a person accused of a serious crime, Alpheous Nxumalo signed a contract and he has prospects of success against Government in this matter.
But having suggested that, SNAT President Mbongwa Dlamini must also be paid his money as per the court orders, he was unfairly dismissed and the courts reinstated him and ordered Government to pay all his outstanding salaries.
In light of the aforementioned, it is of paramount importance therefore to state that, I am early waiting to see who will receive his money first between an alleged child rapist and a trade union leader facing political persecution.
As mentioned, both Nxumalo and the SNAT President deserve justice, we cannot say Alpheous Nxumalo must not be paid because he is accused of rape, if there’s a contract he must be paid.
Government has the Office of the Attorney General(AG) and they ought to have advised accordingly, Alpheous is not only entitled to the two months salaries he has been demanding but, he must be paid for the entire contract if he is not wanted by the Prime Minister.
The “law is law” and therefore, even if the law favours an alleged rapist, we must accept that, for we cannot change the law just because Nxumalo is accused of rape.
Nxumalo deserves to be paid because legally, he is a Government Spokesperson, the technicalities as how he signed the contract of employment while facing rape charges cannot be his fault but, the Civil Service Commission or Government.
SNAT President Mbongwa Dlamini.