The Industrial Court of Eswatini has dismissed an application by Eswatini Communications Commission (ESCCOM) Finance Manager Sifiso Gulwako to remove the chairperson of his disciplinary hearing. Judge Lorraine Hlophe ruled that Gulwako failed to establish a reasonable apprehension of bias or exceptional circumstances warranting the court's intervention in the incomplete disciplinary proceedings. Gulwako had sought to remove the chairperson, citing a professional interaction between the chairperson and his former wife, who worked for the Royal Science and Technology Park (RSTP).
ESCCOM instituted disciplinary proceedings against Gulwako following allegations that he misappropriated approximately E17 million of company funds. The commission alleged that Gulwako, who was then acting chief financial officer, transferred company funds into his personal bank accounts without lawful justification. The suspension notice stated that Gulwako occupied a position of trust and had access to the commission's financial systems, records, documents, and other information relevant to the investigation. An internal investigation was launched into allegations of financial misconduct, which led to Gulwako's suspension on July 30, 2026.
According to the judgment, ESCCOM received information that some of its funds had allegedly been diverted into Gulwako's personal accounts between December 2025 and July 2026. At the commencement of investigations, the implicated funds were estimated at about E720 000. On August 12, ESCCOM wrote to Gulwako informing him of charges of alleged misconduct and directing him to attend a disciplinary hearing. The charges included allegations of gross dishonesty, theft, fraud, misappropriation, and mismanagement of commission funds.
The disciplinary hearing was initially scheduled for August 14 but did not proceed after Gulwako requested documents that the employer intended to use during the proceedings. When the hearing subsequently convened on September 1, Gulwako applied for the recusal of its chairperson. The application was dismissed, and written reasons were subsequently delivered on September 8. Gulwako then approached the Industrial Court challenging that decision.
Gulwako's concern about the chairperson's impartiality arose from the latter's professional interaction with Gulwako's former wife, who worked for RSTP. The chairperson was an attorney for RSTP and had received correspondence from Gulwako's former wife concerning a disciplinary matter involving an RSTP employee. However, the chairperson disputed that contention, maintaining that his work for RSTP concerned a completely different and unrelated matter involving a different employer.
The court found that Gulwako did not provide evidence demonstrating why the professional interaction would result in bias against him. It said he had not established that the chairperson had expressed an opinion on his guilt or otherwise outside the disciplinary process or that the chairperson possessed prior knowledge of facts relating to his disciplinary proceedings. The court emphasized that a person alleging bias in a disciplinary process had to establish that the apprehension was reasonable, with the test being objective rather than based on a litigant's subjective perception.
The court's decision allows the disciplinary hearing to proceed with the current chairperson. Gulwako's application was dismissed, and he will have to face the disciplinary hearing without the chairperson's recusal. The outcome of the disciplinary hearing remains to be seen. The case highlights the importance of ensuring impartiality in disciplinary proceedings and the need for employees to be aware of the processes and procedures involved.
Key points
- The Industrial Court of Eswatini dismissed ESCCOM finance manager Sifiso Gulwako's bid to remove the chairperson from his disciplinary hearing.
- Gulwako was accused of misappropriating approximately E17 million of ESCCOM funds.
- The court's decision allows the disciplinary hearing to proceed with the current chairperson.
