Eswatini Communications Commission (ESCCOM) Finance Manager Sifiso Gulwako has approached the Industrial Court in an urgent bid to stop the commission from halting his salary during a disciplinary hearing into alleged financial misconduct involving E720,000. Gulwako argues that the proposed move is unlawful and could leave him without a salary while disciplinary proceedings against him remain unresolved. The dispute centers on the legality of the proposed suspension without pay.
The commission wants to stop paying Gulwako's salary while the disciplinary hearing remains ongoing. ESCCOM raised a preliminary point of law, arguing that Gulwako's application is premature because he had not yet responded to a show-cause letter. The letter, dated October 6, was signed by acting Chief Executive Officer Ozzie Thakatha, and gave Gulwako until close of business on October 8 to respond. Gulwako was initially suspended on July 30 pending an internal investigation.
Gulwako's suspension letter stated that allegations had been made that certain payments were facilitated into his personal accounts from ESCCOM funds without lawful justification. The commission estimated the loss at E720,000, subject to further verification. At the time, ESCCOM said Gulwako's position gave him access to financial systems, records, documents, and other information relevant to the investigation. He was ordered to vacate his office and surrender ESCCOM's property.
Gulwako has challenged the chairperson of the disciplinary hearing in a separate case, which he instituted on September 11. The matter will be argued on Monday. He claims that the decision to seek a no-pay suspension came after he challenged the disciplinary process in court. Gulwako alleged that the proposed variation is retaliatory and intended to punish him for exercising his right to challenge the disciplinary process.
Gulwako has asked the Industrial Court to urgently interdict ESCCOM from implementing the proposed change and to declare the process unlawful, null, and void. He pointed out that neither the Employment Act of 1980 nor ESCCOM's Industrial Relations Policy and Procedure 2021 permits the commission to suspend him without pay under the circumstances of his case. The policy states that suspension with pay may be imposed during an investigation and pending disciplinary action.
ESCCOM has raised a preliminary point of law arguing that Gulwako's application is premature. The commission is seeking dismissal of the application with punitive costs, describing Gulwako's approach as an abuse of court process. Gulwako was subsequently charged with alleged misconduct on August 12 and invited to a disciplinary hearing scheduled for August 14, which remains incomplete.
The dispute between Gulwako and ESCCOM has led to a court battle over the proposed no-pay suspension. Key events in the dispute include Gulwako's initial suspension on July 30, his challenge to the disciplinary hearing chairperson on September 11, and the show-cause letter issued by ESCCOM on October 6. The Industrial Court will determine the lawfulness of ESCCOM's proposed no-pay suspension.
Key points
- Gulwako challenges ESCCOM's plan to stop his salary during a disciplinary hearing into alleged financial misconduct involving E720,000.
- ESCCOM argues that Gulwako's application is premature and an abuse of court process.
- The dispute centers on the legality of the proposed suspension without pay under Eswatini's Employment Act and ESCCOM's Industrial Relations Policy.
