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MINISTER: ACTING CEO CANNOT STOP APPOINTMENT OF ANOTHER

01/09/2022 08:53:00 Kwanele Dlamini

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MBABANE – Minister of Information, Communication and Technology (ICT) Princess Sikhanyiso says Kenneth Maziya cannot interdict the appointment of another acting CEO.

This, the minister said in points of law she raised in the matter in which Maziya is challenging the appointment of Andreas Dlamini as the acting Chief Executive Officer (CEO) of Eswatini Television Authority (ESTVA). The appointment of Dlamini was announced by the minister last Friday. Princess Sikhanyiso was represented by the Principal Secretary (PS) in the ministry, Phesheya Dube, during the announcement. The appointment is for a period of six months, effective from today. Maziya said he had been acting CEO at ESTVA for 18 months. He applied to the Industrial Court for an order to, among other prayers, declare Dlamini’s appointment invalid. He said in November 2021, there was a recommendation by the ESTVA Board to confirm him to the position of CEO.

Recommendation

Princess Sikhanyiso pointed out that Maziya’s case was predicated upon his being an acting ESTVA CEO and his recommendation for substantive CEO allegedly made in November 2021. The minister stated that Maziya advanced no reason why he had been sitting back since last year until now to urgently seek an order compelling her to act on that recommendation.
The princess submitted that Maziya did not meet the requirements of the court in that he did not establish irreparable harm – that he could not be afforded substantial relief in due course.
“He can still successfully sue for the invalidation of second respondent’s (Dlamini) appointment in due course and have it reversed. The same goes for his confirmation as CEO because second respondent has been appointed as acting CEO, not substantive CEO,” said the minister.

Princess Sikhanyiso continued to say, as acting CEO, Maziya had no clear right to the position of CEO. She said Maziya could not interdict the appointment of another acting CEO.
“He only has a prima facie right thereto. A clear right would only arise if he were substantive CEO or as co-acting CEO. His personal right of salary stood to be adversely affected in the occurrence of the acting appointments between September 1, 2022 and October 15, 2022,” the minister added. She further informed the court that as an alternative remedy, an applicant seeking an interdict must demonstrate that he had no alternative satisfactory remedy with which to vindicate the affected right.

“In so far as the applicant can sue for his wages as acting CEO in the occurrence of the acting tenure, if he reasonably perceives a threat thereto, he has adequate alternative relief,” the minister stated. The veracity of these allegations is still to be tested in court. Regarding the prayer by Maziya that the minister be directed to confirm him as the CEO for a term consistent with the Public Enterprises Unit (PEU) Act and general practice, the princess told the court that the prayer dated back to August 2021, when he allegedly exceeded six months of acting as CEO. The minister is represented by Principal Crown Counsel Vikinduku Manana.

The points of law were argued before Acting Judge Manene Thwala yesterday. Maziya is represents by Thabiso Mavuso of MotsaMavuso Attorneys. Banele Gamedze of Musa M. Sibandze Attorneys appears for ESTVA. Judge Thwala, having considered the points raised and heard arguments, he granted an interim order without an interim effect in terms of prayer two. The merits of the matter will be argued on September 22, 2022. The parties would have filed all necessary papers by September 16, 2022.