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CHARLES NDLOVU LOSES APPEAL AGAINST SPTC

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MBABANE – The going is getting tough for dismissed SPTC Head of Sales and Marketing Manager Charles Ndlovu.


The appeal chairperson, Sikhumbuzo Simelane has found nothing wrong with the Managing Director, Petros Dlamini, setting aside the decision to acquit and discharge  Ndlovu and replacing it with a dismissal verdict.
The Industrial Court recently ordered the Swaziland Post and Telecommunications Corporation (SPTC) not to appoint Ndlovu’s replacement in the meantime.


He was dismissed after a disciplinary process, which was chaired by Muzi Simelane of MP Simelane Attorneys, who ruled in his favour but the decision was overturned by the MD. 
He filed an appeal arguing that Dlamini committed an error by reviewing Simelane’s (Muzi) ruling because he was acting in his (MD) place and stead.


Ndlovu was charged after confidential documents were leaked to the print media. Three charges were preferred against him. He was accused of gross dishonesty in that he denied that the documents were under his care, control and custody.
Ndlovu also faced a charge of negligence for failure to secure and or take adequate steps to ensure the documents belonging to the corporation were kept confidential and the failure to do so resulted in the leakage to the print media.
He was further charged with gross dereliction in that after the documents were leaked to the Times of Swaziland, he failed to take any steps to remedy and investigate the source of the leakage.


During his disciplinary hearing he pleaded not guilty to all counts and the chairman acquitted him on each one of them. The MD reviewed the findings and replaced the acquittal verdict with a dismissal and Ndlovu lodged an appeal.
In his appeal, Ndlovu, who was represented by Advocate Lucas Maziya at the instruction of MTM Ndlovu Attorneys, argued that the managing director committed a grave irregularity in reviewing the findings of the independent chairman which found him not guilty.


The advocate explained that the MD was at the time still part of SPTC and that the same employer had charged and disciplined Ndlovu. As a result, Advocate Maziya said Dlamini was incompetent to review the decision of the chairperson.
“Further, it was for that reason that an independent chairperson was appointed. Since the chairperson reached a not guilty verdict, it was not for the managing director of SPTC to then review that decision and to issue a sanction of dismissal. By so doing, the managing director was then taking the position of being judge in his own cause of action,” argued said.

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