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FREEZING OF GOVT PROMOTIONS COSTS CIVIL SERVANT

16/07/2019 00:59:00 BY NTOMBI MHLONGO

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MBABANE – The decision by government to freeze appointments and promotions in the civil service is having a negative impact on some civil servants.

This is evident in a court case where a civil servant has challenged a decision by the Civil Service Commission (CSC) not to promote her to the position of senior claims officer despite that a recommendation was made.

The civil servant has lost the case and the main argument by the judge delved mainly on the decision by government to freeze promotions and or appointments in the civil service.

The civil servant, Makhosazane Hlophe, who is a labour officer works at the Ministry of Labour and Social Security, took government to court demanding that it declares the appointment of Jabulile Dlamini, who was promoted ahead of her, to the post of senior claims officer under the Workmen’s Compensation Unit, unlawful. Hlophe also wanted the court to declare the CSC’s decision to appoint Dlamini to the post of senior claims officer to be illegal, invalid and of no legal force or effect.

Furthermore, Hlophe wanted the court to order the CSC to furnish her with the reasons for suppressing her appointment and or promotion in favour of Dlamini, to the same position.

According to the judgment, which was issued by Industrial Court Judge President Sifiso Nsibandze, Hlophe stated in her founding affidavit that she was based at the Workmen’s Compensation and was sufficiently qualified and next in line to be appointed to the position of senior claims officer.

The applicant’s (Hlophe) complaint, according to the judgment, was that the CSC, through its chairman, had unlawfully and irregularly appointed Dlamini to the position contested for in terms of the application on the recommendation of the ministry’s principal secretary (PS) (second respondent).

The argument by the applicant was that there existed a Schemes of Service for the Labour Relations cadre in terms of which the contested post was a promotional one to which no direct appointment could be made.

“It is alleged that the appointment of the fifth respondent (Dlamini) is unlawful and irregular because the applicant is not only qualified but was in fact recommended by the internal promotions Board for the position. Despite such recommendation, she was not appointed nor was she given a hearing or reasons for the rejection,” the judge stated in the judgment.

Judge

The judge said in advancing the applicant’s submissions, the court was referred to the Schemes of Services for the Labour Relations Cadre, in particular Article 4 (i) and (Vii).

Article 4 (i) states that, ‘All candidates for appointment to the labour relations cadre must satisfy the Labour Commissioner of their suitability and aptitude for the work of the department and be approved by the CSC’.

On the other hand, Article 4 (vii) stipulates that, ‘Senior Labour Officer-Grade 18 officers who have had a minimum of two years satisfactory service as labour officers may be considered for promotion to this grade but officers who entered direct at level 16 with a degree, must spend a minimum of three years on the entry grade before they can be considered for promotion. There is no direct entry to this grade’.

The judge said it was common cause that Dlamini had not served as a labour officer and that her entry into the position had not been through promotion but had been direct.

Aptitude

“There has been no allegation that the labour commissioner was satisfied with the fifth respondent’s suitability and aptitude for the work of the department. In fact, the applicant submits that the labour commissioner was by-passed in the appointment of the fifth respondent. The labour commissioner did not indicate his satisfaction with the fifth respondent’s suitability and aptitude for the work, according to the applicant,” the judge said.

It is stated in the judgment that the PS said Dlamini was not appointed senior labour officer but that the CSC, acting on his recommendation, approved the variation of her appointment from internal audit to senior claims officer.

It was said that the PS, in his answering affidavit, said a decision was made to relocate the administration of the Workmen’s Compensation Unit from the office of the commissioner of labour to a newly-created one of the commissioner of compensation after the audit of the unit revealed a myriad of problems.
“The second respondent explains that following the exercise carried out in 2013, it was discovered that the Workmen’s Compensation Unit had serious operational challenges.

“In order to address these challenges, the Ministry of Labour was transformed into the Ministry of Labour and Social Security with the intention of placing all issues relating to social security, under the Social Security Department,” said the judge.

According to Judge Nsibande, the PS conceded that due to financial constraints, the Social Security Department had not been operational, but that the posts of commissioner compensation and principal claims officer were created. “The office of the senior claims officer was among those that would have been created in setting up the Social Security Department, had there been no financial constraints,” said the judge.