MBABANE – An employee of the Eswatini National Provident Fund (ENPF), Buhlebodwa Mamba, has approached the Industrial Court on an urgent basis seeking to stop an impending incapacity hearing, arguing that the process is unlawful and could cause irreparable damage to his career.
In papers filed before the Industrial Court in Mbabane, Mamba is asking the court to interdict ENPF from proceeding with the hearing and to set aside decisions that placed him on what he describes as indefinite and unlawful leave.
The application, filed through his attorneys Mkhabela Attorneys, also seeks to nullify reports prepared by the second respondent, Nontobeko Dlamini, which allegedly form the basis of the intended incapacity inquiry.
According to court documents, ENPF had initially invited Mamba to attend an incapacity hearing scheduled for April 8, 2026. However, the hearing was postponed on April 7 to an unspecified future date. Despite the postponement, Mamba argues that the threat of the hearing remains active and continues to place him in what he terms “legal limbo.”
He contends that the planned inquiry lacks a lawful basis and is built on reports that are “compromised, contradictory and illegal.” Mamba further claims that Dlamini does not have the credentials to make mental health diagnoses, raising concerns about the validity of the findings used against him.
The applicant is also challenging a decision by ENPF to place him on indefinite leave, which he argues is not recognised under the institution’s policies and amounts to a unilateral change to his terms of employment.
In his urgent application, Mamba states that if the hearing proceeds, it could lead to serious consequences, including the possible withholding of his salary and eventual dismissal. He further argues that damage to his professional reputation in the ICT sector would be difficult to reverse, even if he is later cleared.
Court papers indicate that Mamba’s legal team had written to ENPF on March 27 objecting to the hearing and requesting confirmation that it would not proceed. The Fund did not respond until April 7, when it postponed the hearing without cancelling it.
Mamba is now asking the court to grant a rule nisi stopping the incapacity proceedings, declare his forced leave invalid, reinstate him to his position as Systems Operations Support with full access, and set aside both the November 2024 and October 2025 reports compiled by the second respondent.
He also wants the interim order to take immediate effect pending the finalisation of the matter.
The Industrial Court is expected to determine whether the matter should be heard urgently and whether the interim relief sought should be granted.
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