Govt moves to review Supreme Court Judgment on Phase II

Govt moves to review Supreme Court Judgment on Phase II

By Thokozani Mazibuko

The Government has announced its intention to review the Supreme Court’s judgment on Phase II of the process.

The announcement comes after a thorough examination of the court’s ruling, which the Government believes presents exceptional circumstances warranting reconsideration.

Government Spokesperson Alpheous Nxumalo stated that the review application is part of the Government’s commitment to ensuring fair and adequate compensation for civil servants.

However, it is essential to clarify that the Government will not seek to review the implementation of Phase II itself, a point emphasized in the press statement released earlier today.

“The implementation of Phase II does not form part of the aspect of the judgment which Government seeks to apply for a review,” Nxumalo explained.

This clarification aims to assuage concerns among affected parties and the general public, who have been closely monitoring developments surrounding the salary restructuring initiative.

The government has engaged a consultant tasked with determining appropriate compensation levels for all civil servants, with a specific objective to address disparities that led to the establishment of Phase II.

Nxumalo confirmed that this process is already underway, and the consultant is expected to conclude their work next year, providing a roadmap for implementing the necessary changes.

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“The ongoing process is crucial to concluding Phase II for it to be effectively implemented. The financial implications of this exercise are also being incorporated into the current budgeting process,” he added.

This announcement follows growing calls for equitable pay among civil servants, particularly those in the national security sector, who have expressed concerns about pay disparities hindering their operational effectiveness.

It should be pointed out that the Government’s proactive steps to address these issues reflect a broader commitment to ensuring that civil service compensation aligns with the demands and realities of their work.

Stakeholders and affected personnel will be keenly watching how this review and restructuring process unfolds in the coming months.

It is worth mentioning that as the Government navigates this complex landscape, it aims to foster transparency and open communication with the affected parties, ensuring all voices are heard in this vital discussion regarding public service compensation.

Government Spokesperson, Alpheaus Nxumalo

The review process and the ongoing work of the consultant will play a critical role in shaping the future of civil servant remuneration, ultimately aiming to enhance morale and effectiveness within governmental agencies tasked with safeguarding national interests.

It should be noted that as this story develops, it will be critical for the Government to maintain clear lines of communication and provide updates on the review process and the implementation timeline for Phase II salary restructuring.

Meanwhile, in a landmark ruling, the Supreme Court of Eswatini ordered the government to implement a salary increment for junior officers of the Royal Eswatini Police Service (REPS) and His Majesty’s Correctional Services (HMCS) as part of a long-awaited Phase II compensation package.

The decision was announced by Chief Justice Bheki Maphalala during a session held on Friday morning. The court’s judgement marked a significant victory for junior police and correctional officers who have long sought the salary adjustments promised in 2014 under the government’s restructuring initiative.

Following a careful review of the case, the Supreme Court also declared that disciplinary proceedings pursued against junior officers who marched to the Prime Minister’s Office to demand their rightful increments were unlawful.

“The government must comply with the ruling and pay the salary increments within a reasonable timeframe,” Chief Justice Maphalala stated when delivering the judgment, and emphasized the necessity for the government to uphold its commitments to all employees.

The salary increment is a result of the Phase II Circular issued by the government after an extensive restructuring process that benefited senior police officers in Phase I. While senior staff received their increments, junior officers were left behind, leading to protests and demands for fair treatment.

In responding to the judgement, junior officers expressed gratitude for the court’s decision, which is expected to have substantial financial benefits for those who were employed in 2014.

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“This ruling is not just about money; it’s about justice and respect for the hard work we put into serving our communities,” said a representative from the junior officers.

The ruling further insists on the immediate lifting of suspensions placed on junior police officers involved in the protests. This directive aims to restore their standing within the Royal Eswatini Police Service and allows them to return to their duties without fear of retribution.

The Supreme Court’s decision represents a crucial step towards reaffirming the rights of junior police and correctional officers within Eswatini. With the implementation of the increments now mandated, the government faces a pressing responsibility to ensure compliance, avoid future legal disputes, and foster a more equitable environment for all law enforcement personnel.

The court was composed of judges, including Judge Mbutfo Mamba, Judge Phesheya Dlamini, Judge Sabelo Matsebula, and Judge Magriet Van Derwalt. Junior officers were represented by attorney Thabiso Mavuso from Motsa-Mavuso Attorneys, whose advocacy was key to this successful outcome.

It should be noted that as the government prepares to respond to the court’s ruling, the wider implications of the decision are expected to resonate throughout Eswatini, potentially influencing discussions on public sector wage structures and labour rights in the country.

Meanwhile, Mayiwane Member of Parliament (MP) Prince ‘Khunga Nkosi’ Dlamini has first-hand experience of how much police officers earn.
Mayiwane Member of Parliament (MP) Prince ‘Khunga Nkosi’ Dlamini, who is also a junior police officer, recently shed light on the salary disparities and working conditions of police officers during his presentation in Parliament.

Dlamini, who took a leave of absence from his police duties to fulfil his parliamentary responsibilities, raised these concerns during the Budget Speech debate in parliament last Thursday. Acknowledging the commendable work done by police officers, Dlamini emphasised their pivotal role in upholding law and order.
Appreciation
“We are here today because of the police,” he told parliament, expressing his appreciation for their efforts.

While serving as a police officer, Dlamini was based at the Tshaneni Police Station where he was transferred from Pigg’s Peak.

However, before delving into the issue of salary increments, Dlamini issued an apology, cautioning that his remarks might not be received favourably.

The MP recounted an incident from 2016 when police officers were promised salary increases, known as Phase II, specifically targeted at junior officers, while Phase I was for senior officials.

He said regrettably, while senior officers received their increments, junior officers were left waiting for their promised raise.

The MP said the frustration of not receiving the much-needed salary increment eventually led to police officers staging a march, an unprecedented event in the law enforcement community.

Dlamini highlighted the absence of any mention of resolving this issue in the National Budget, urging that it should be addressed promptly.

Dlamini also drew attention to the housing situation for police officers, as mentioned in the National Budget. He emphasised that housing initiatives should not remain mere words on paper but should be tangibly executed.

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