43 EX-WARDERS DEMAND SHARES FROM CORRECTIONAL FACILITIES

MBABANE - It is a headache for the Commissioner General of His Majesty’s Correctional Services Isaiah Mzuthini Ntshangase, as 43 former warders want him to account for monies generated by a fund for warders.

The fund among other things operates the staff canteens at His Majesty’s Correctional Services in the country.
It is alleged that the commissioner general had despite lawful demand, failed or neglected to account for profits made by the canteens and agricultural projects. Through their lawyer, Ben J Simelane the former warders averred that by virtue of being in charge of the fund, Ntshangase was obligated to account to them as members the money disbursed, held and generated by the fund through its operations.

The first respondent in the matter is Ntshangase while the second is the attorney general. In the combined summons the aggrieved former warders stated that the High Court had jurisdiction to hear and determine the matter by virtue of the cause of action arising wholly within Swaziland. They submitted that during or about 1972, the then Commissioner of Prisons, Mr R.L Mkhwatshwa in his official capacity established a fund of all serving warders. According to the plaintiffs (43 warders) the purpose of establishing the fund by the then

commissioner was to among other things; construct sporting facilities for officers and their families, establishing canteens for serving officers, granting loans to serving officers, paying for burial expenses for serving and retired prison warders and their families.

The fund according to the plaintiffs was also established for investing for purposes of making profit for the benefit of its members, provide financial assistance on retirement of a serving officer and to provide for and look after the financial needs of its members.
They pointed out that in order to establish the fund; a minimum of 20 cents per month was deducted from salaries of all serving officers, depending on the rank of each officer.

“The higher the rank and income the more each officer paid into the fund. As the years progressed, the minimum increased from 20 cents as salaries increased,” submitted the applicants.

They informed the court from the fund the following was achieved; 11 cows purchased from Scott- Smith and kept at Bhelekane prison as investment, tennis courts and seesaws were built and established in the Matsapha and Nhlangano Prisons and canteens were built at Big Bend, Matsapha and Nhlangano. They stated that all these canteens were still operational and were generating income, which was allegedly being kept by Ntshangase.

“Notwithstanding the objectives of the fund and the contributions made by the plaintiffs, no financial assistance of any nature was rendered by the first respondent (General Commissioner of His Majesty’s Correctional Services) to any of the plaintiff upon retirement or any other need, nor was an account of the monies and property ever made,” submitted the former warders. These are allegations contained in particulars of claim filed by the aggrieved former warders whose veracity is still to be tested in court and the general commissioner is yet to file his papers.

Ntshangase had allegedly declined to account for the monies despite several demands or reminders by the former warders hence their decision to seek legal recourse. Their main prayer in their application is for the court to direct the commissioner general to provide them with an account of the monies and property kept by him on behalf of the fund.

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