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ACC DEPUTY’S EMPLOYMENT IRREGULAR - AG’S OFFICE

28/02/2015 23:20:00 BY SUNDAY REPORTER

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MBABANE – The office of the Auditor General (AG) has described as irregular, the fact that Lillian Zwane, the Anti Corruption Commission (ACC) Deputy Commissioner, has two employment agreements with government.

The matter of these contracts has been controversial in recent times, with the Judicial Services Commission (JSC) and Ministry of Justice failing to come to an amicable solution.

Zwane and the other Deputy Commissioner Ndiphethe Mabila are currently paid on the civil service scale F3, which according to the government Establishment Register, carries a package of E385 030 annually or E32 085 per month.

The JSC came up with contracts that gave Zwane a monthly salary of E77 000. Mabila’s pay was E55 000.

Attorney General Majahenkhaba Dlamini later gave his perspective on the issue, at the invitation of Thembinkosi Mamba, Principal Secretary (PS) in the Ministry of Justice and Constitutional Affairs.

Mamba approached the AG following advice from the JSC.

The JSC advised Mamba to seek legal advice on the issue of salaries for the two deputy commissioners.

Government insisted it would not honour the contracts drawn by the JSC. Mamba had said he had consulted the AG as per advice of the JSC and the AG’s counsel was that the two officers should be paid like civil servants.

PS Mamba is on the record as saying he would not recognise the contracts drawn by the JSC because they were invalid.

This, according to him, was because the JSC did not have authority to hire or fire officers of the ACC.

Auditor General Phestecia Nxumalo has revealed that an audit inspection was carried out.

"I raised concern on the secondment of this officer, who worked as Industrial Manager at His Majesty’s Correctional Services, with effect from April 2003," she wrote in her latest report. "The officer was seconded to the Anti Corruption Commission, a government unit under the Ministry of Justice and Constitutional Affairs, as Deputy Anti Corruption Commissioner with effect from March 2008.

"The secondment letter stipulated that the officer was still to be governed by the General Orders and other regulations in force. That meant she was still a civil servant and would remain so even during her secondment period. Thus, she continued with her pension contributions to the Public Service Pension Fund (PSPF).