Mbabane – The High Court has dismissed an application by Anti-Corruption Commission (ACC) officer Bonginkhosi Dlamini, who had challenged the legality of Acting Commissioner Maphevu Mkhatshwa’s continued stay in office and his authority to suspend employees.
In a judgment delivered on May 28, 2026, Judge B.S. Dlamini ruled that the High Court had no original jurisdiction over employer-employee disputes and found that Dlamini had failed to meet the requirements for the declaratory orders he sought.
The court also ordered Dlamini to pay costs.
Dlamini had asked the court to declare Mkhatshwa’s continued occupation of the acting commissioner position unlawful, arguing that the extension of his appointment beyond June 21, 2024 was invalid. He further sought an order declaring his suspension from work unlawful.
According to court papers, Dlamini was suspended in October 2024 over allegations of work-related misconduct. He argued that, under the Public Service Act, only the Civil Service Commission (CSC) had authority to suspend public officers and that the ACC commissioner could only recommend disciplinary action.
However, the court found that disputes relating to suspension and disciplinary processes fall under labour matters that should be dealt with by the Industrial Court or the Conciliation, Mediation and Arbitration Commission (CMAC).
Judge Dlamini stated that the Industrial Relations Act gives the Industrial Court exclusive jurisdiction over disputes arising between employers and employees.
The court further noted that the Industrial Court had already ruled that the ACC acting commissioner possesses legal authority to institute disciplinary action against employees of the commission.
In addition, the High Court relied on a previous full bench decision in Patrick Mooi Dlamini v Commissioner of the Anti-Corruption Commission and Another, where the court held that the Prevention of Corruption Act gives the ACC commissioner powers to manage employees of the institution, including disciplinary processes.
The judgment stated that the law governing the ACC operates separately from the constitutional provisions regulating the general public service.
Judge Dlamini concluded that none of the orders sought by the applicant could be granted, resulting in the dismissal of the application in its entirety.
Discussion about this post