MBABANE – Government maintained its E1.2 million offer in the matter of former Public Relations Officer Alpheous Mfana Nxumalo.
The argument brought forward by government before the Industrial Court is that a compensation offer of E1.2 million made to Nxumalo following the termination of his contract was fair and reasonable, as it closely reflects what he would have earned after tax over the life of the contract.
This is contained in an answering affidavit filed by Principal Secretary in the Prime Minister’s Office, Bheki Bhembe, in response to Nxumalo’s contempt of court application against the government and other respondents. The matter was before Judge Abande Dlamini.
In his affidavit, Bhembe stated that Nxumalo signed a contract of service with the Civil Service Commission on September 15, 2025, which took effect on October 1, 2025. He was appointed to serve as Public Relations Officer.
Bhembe said that following a court order granted on January 21, 2026, the parties agreed that the contract had become unworkable and mutually agreed to terminate it.
He stated that Nxumalo was subsequently created a holding position in the Ministry of Public Service and accepted a new post as Communication Analyst on salary grade F3.
According to Bhembe, Nxumalo has since retired from the public service after reaching the compulsory retirement age and no longer has a contract of employment with government.
“He has no current contract of employment (not even a contract of service) with the Government of Eswatini. The one signed on 15 September 2025 fell away by mutual termination,” he stated.
Bhembe argued that the only remaining dispute between the parties relates to compensation for the terminated contract.
He said government offered Nxumalo E1.2 million as compensation, an amount that was disclosed in open court on or about April 15, 2026.
“The only problem is that Applicant does not accept the monetary compensation for the termination. The sum offered is One Million Two Hundred Thousand Emalangeni,” he stated.
Bhembe further argued that the January 21 court order required payment of salaries for only four months, namely October, November and December 2025, as well as January 2026.
According to him, those salary payments were already encompassed within the E1.2 million tender made by government.
He stated that under the contract, Nxumalo’s annual salary was E653 651, translating to E54 470.92 per month.
Based on those figures, Bhembe calculated that over the full 36-month term of the contract, Nxumalo would have earned E1 860 953 gross.
He further stated that after deducting 33 per cent PAYE tax, the net amount would have been E1 240 635.41.
“The tendered amount is fair and reasonable in all the circumstances of the case,” Bhembe stated.
Government further argued that because the four months’ salary ordered by the court were included within the E1.2 million offer, the respondents could not be held in contempt of court.
Bhembe contended that the mutual termination of the Public Relations Officer contract and Nxumalo’s acceptance of another position effectively extinguished any benefits flowing from the earlier court order.
He further argued that by rejecting the compensation offer, Nxumalo discharged the respondents from any obligations arising from the order.
Addressing allegations of contempt, Bhembe denied that government had acted with malice or intention to undermine the authority of the court.
He stated that the compensation tender negated any suggestion of wilful disobedience of the order.
“From my submissions herein above, it is clear that we are not in contempt of the Court Order, as our tender vitiates the element of malice,” he stated.
Bhembe also argued that Nxumalo himself had acknowledged difficulties relating to the processing of resumption of duty documents and had not explained why such processes had not been completed.
On claims that Nxumalo was experiencing financial hardship, Bhembe described the allegations as “fanciful or unbelievable”, arguing that the applicant had consistently rejected the E1.2 million compensation offer, which included the value of the four months’ salary awarded by the court.
“In a way, he is the author of his misfortune,” Bhembe stated.
Government also challenged the legal basis of the contempt proceedings, arguing that contempt was not an appropriate mechanism for enforcing a monetary judgment.
Bhembe maintained that the application was incompetent because it sought to use contempt proceedings to enforce payment of money.
He further argued that constitutional issues raised in relation to the Government Liabilities Act fall within the jurisdiction of the High Court.
According to Bhembe, the applicant was “playing politics on Court papers” and was abusing court process by attempting to make broader governance points through the litigation.
“Applicant is playing politics on Court papers and thus abusing court process. His declared intention in the case is to make the Prime Minister ‘lead by example’ in his ‘duty to hold all ministries accountable….’ he cannot be granted costs for abusing court processes” Bhembe stated.
He argued that costs should not be awarded in favour of Nxumalo because the respondents were not in contempt of court and because the proceedings themselves were improperly brought.
“Applicant is barking the wrong tree in using contempt proceedings in respect of an Order to pay money,” Bhembe stated.
He added that even if contempt proceedings were competent, Nxumalo had failed to establish the necessary elements of contempt, including malicious intent to impair the dignity of the court.
Bhembe accordingly asked the court to dismiss the application with costs. The matter will be back in court on July 15.
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