MBABANE – Government spokesperson Alpheous Mfana Nxumalo has flatly rejected a settlement offer from the state, opting instead to pursue a contempt of court application and a constitutional challenge against the Government Liabilities Act.
In a scathing letter dated April 20, 2026, Nxumalo’s legal representative, P.K. Msibi of Magagula Attorneys, informed the Attorney General that the offer made on April 17 had been scrutinized and rejected in its entirety.
The legal standoff centers on a January 21, 2026, Industrial Court order directing the government to pay Nxumalo’s outstanding salary. The defense argues that the state’s attempt to offer eight months’ damages in exchange for terminating his contract is a “collateral issue” that ignores the core matter of unpaid wages.
Nxumalo’s lawyers clarified that the matter is not an action for unfair dismissal, making the government’s offer for damages misplaced.
“Client has not been dismissed from work, hence your offer to give him 8 months damages in settlement is irrelevant,” the letter states. “We were hoping that your office would rather negotiate payment terms of the outstanding salary due to the client, not to offer to break the terms of the fixed-term contract even further by unilaterally cancelling the same.”
The defense team accused the government of maintaining an “attitude of contempt” regarding the existing court order. They specifically took aim at Section 4 of the Government Liabilities Act of 1967, which they claim “has the effect of elevating the Government to be above court orders.”
The letter confirms that Nxumalo is seeking to challenge the legality of that specific law, deeming it “constitutionally unsound.”
The correspondence further highlights a procedural rift, asserting that the Attorney General’s office is attempting to “usurp the duties of the employer.” The lawyers insist that under Section 187 of the Constitution, any negotiations regarding contract termination must be initiated by the Civil Service Commission (CSC), not the government’s legal counsel.
The letter also references a December 2025 arrangement where a “special holding post” was created for Nxumalo under the Ministry of Public Service, demanding an explanation as to why that arrangement was disrupted.
Nxumalo has made it “categorically clear” that he will only consider a contract cancellation if it is accompanied by a full payout, including:
- 36 months of the full contract salary.
- All benefits, including car, housing, and cellphone allowances for the entire duration.
- 25 percent gratuity as provided for in the fixed-term contract.
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