COP WANTS DC STOPPED ON CONSTITUTIONAL BASIS

MBABANE – The court has been called upon to determine the constitutionality of the disciplinary tribunal in the police service.

This after a Malkerns-based police officer, who is due to appear before a disciplinary tribunal, has approached the High Court with urgency for an order declaring the appointment of the disciplinary board unlawful and null and void.

Joseph Mamba, who has been charged with absenteeism among other charges, has informed the court that the appointment of the disciplinary board is unconstitutional.

He said in terms of the constitution, a sector service commission should have been established six months after the constitution came into force, to deal with disciplinary issues within the police service.

Mamba said the respondents in the matter, the chairman of the CSC, national commissioner of police, the prime minister and attorney general have been in default for about 10 years.
The veracity of these allegations is still to be tested in court.
The respondents are still to file responding papers. Mamba is represented by Sibusiso Nhlabatsi of T.R. Maseko Attorneys.
Mamba cited Section 173(3) and (4) as read with Section 276(a) (iii) of the Constitution of Swaziland Act of 2005.

According to Section 173 (3) and (4), “Member of a service commission shall be appointed by the King on the recommendation of a line minister or any other authority as may be provided in this Constitution or any other law.”

Subsection 4 states that the in recommending to the King for the appointment of a member of a service commission, the line minister shall proceed in a competitive, transparent and open manner on the basis of suitable qualifications and the line minister shall endeavour to recommend a person who can effectively discharge the responsibilities of that office.
  

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