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DEPUTY HEAD DECLINES PROMOTION

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MBABANE - A Deputy Head teacher of Mbuluzi High School is declining a promotion to be a head teacher.


Senzo Msibi is against being elevated to head Siphumelele High School, which is a newly-established school in the Manzini Region.
He has since taken the Teaching Service Commisison (TSC) to the High Court. 


In his application, he argued that in terms of Legal Notice No.126 of the Teaching Service Regulations 1995 Section 25, he had a right to apply for a promotional post and the commission was supposed to advertise it and invite candidates for an interview.


Promotion


He argued that his promotion to Siphumelele High School was therefore in contravention of Section 25 of the said Regulations.
Msibi wants the court to restrain and interdict the commission from transferring him from his position as deputy head teacher at Mbuluzi High School to that of a head teacher at Malunge High School and/or appointing him as head teacher of Siphumelele High School.


He is further praying for an order directing the TSC to reinstate him to his position as deputy head teacher at Mbuluzi High.
In his application, Msibi narrated that on January 23, 2019 he received a phone call from the acting executive secretary of the TSC, inviting him to a meeting at her office on January 24, 2019. Msibi said he duly attended the meeting.


“She (acting executive secretary) informed me that there was a newly-opened school, Siphumelele High School and the TSC was promoting me to that school. I wish to highlight that this position of head teacher in the school was not advertised,” submitted Msibi.


He told the court that he did not apply for such position, neither was he shortlisted for an interview hence he was taken aback as to how he got promoted or appointed to a new school.


Paid


According to Msibi, the TSC acting executive secretary explained to him that he would continue to be paid on the grade of deputy head teacher as there was no post for a head teacher at Siphumelele High School.


Msibi averred that the acting executive secretary proceeded to hand him a letter to submit to the head teacher of Mbuluzi High School, the school’s grantee and the regional education officer (REO) in the Manzini Region.


He submitted that when he asked the acting executive secretary where Siphumelele High School was situated, the former allegedly referred him to the Manzini REO.


 The applicant (Msibi) said the REO took him to Siphumelele High School but they did not enter the premises. He claimed that the REO only showed him a building which was without roofing.


“I returned on my spare time to enter the premises and to do my own inspection of the school. I discovered that the school had no fencing, the floors to the classrooms were not prepared, there were no readers’ desks and there were no pupils,” said Msibi.
He narrated to the court that having gone past Siphumelele High School, the REO took him to Othandweni Primary School where he (REO) introduced him to the school’s committee.


The REO, according to Msibi, introduced him to the committee as the head teacher of Siphumelele High School.
He alleged that the REO explained that he (Msibi) would work hand in hand with the school committee of Othandweni to make Siphumelele High School function as it also did not have in place its own committee.


“On our way back, the REO asked me if I was accepting my position to first head Siphumelele High School and I told him that I was declining it right away as I receded to consider it,” averred Msibi.


Msibi, having considered the matter further, on January 25, 2019, said he went to the head teacher of Mbuluzi High School and handed him a copy of the letter from TSC.


Position


He alleged that he explained to the head teacher of Mbuluzi High School that he was not accepting the position as it would come with expenses for him.
“Siphumelele or Othandweni did not have accommodation and I had to travel from my homestead at Nhlambeni to work, requiring me to spend E200 on transport per day which translates to E4 000 on transport yet my salary had not been adjusted,” contended the applicant.


He alleged that the head teacher of Mbuluzi High School encouraged him to take up the post to avoid possible victimisation by the TSC.
Msibi is represented Sibusiso Dlamini of Musa M Sibandze Attorneys and the matter is still pending in court.  The TSC is yet to file its papers.

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