I want promotion and money- Clerk

MBABANE-A clerk of court based at the Mbabane Magistrate’s Court has taken the Civil Service Commission to the Industrial Court seeking promotion and confirmation.

Lungile Mary Nkosi has cited the CSC as the first respondent, the Registrar of the High Court (2nd), the Ministry of Justice and Constitutional Affairs (3rd) and the Attorney General (4th). She wants the court to declare that she is eligible for confirmation to the post of clerk to court or interpreter by virtue of the training she underwent.

She also wants the court to direct the respondents to confirm/promote her to the position by virtue of her transfer to the Mbabane Magistrate’s Court and should be paid on Grade B5 as from the date she was confirmed into the pensionable establishment of the civil service.

Nkosi of Mbangweni in the Hhohho region said she was appointed on probation to the post of trainee clerk to court after being a volunteer for two years.

"After serving my probationary period, I was on April 3, 2008 confirmed in my appointment and admitted to the pensionable establishment of the civil service. I then raised the issue of my remuneration that it be changed from B1 to B5 with commission.

" The CSC responded by pointing out that the confirmation to the post of clerk of court did not serve as a promotion but merely served as a confirmation to the post of trainee clerk," Nkosi says.

She continues to state that the CSC maintained that she did not meet the pre-requisite for confirmation and promotion to the post of clerk and thus she had no reason to believe she was eligible until she obtained the requisite qualifications.

Nkosi alleges she has the necessary qualifications for the post of clerk which qualify her for confirmation. She said during her probationary period, she attended a training course with the Institute of Development and Management which she successfully completed and was transferred from the High Court to the Magistrate’s Court to perform the duties of an interpreter.

She adds that she attended another training course, the Interpreters Training Course, with the Justice College Department of Justice in the Republic of South Africa.

And underwent a training course in Records and Information Management which all qualify her to the post of clerk to court.

Nkosi said her transfer to the Magistrate’s Court was a conferment of an office or position to her other that he one she was lat substantively appointed.

According to Nkosi, the matter failed to be conciliated at the Conciliation, Mediation and Arbitration Commission (CMAC) hence the application before the court.

When the matter appeared yesterday before Judge Nkosinathi Nkonyane, it transpired that the respondents had not filed either a notice to oppose of replying affidavits.

Lawyer, Eugine Dlamini from the office of the Attorney General also put it to the court that he had not taken instructions on the matter as it was handled by another attorney.

He then tendered costs for the day which amounted to a sum of E2 000. Nkosi is represented by lawyer Sabelo Bhembe and the matter was postponed to June 24, 2010.

Duties of a Court of Clerk

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: