Alpheous runs to court after E653 000 salary stopped

Government Spokesperson Alpheous Mfana Nxumalo has approached the Industrial Court seeking an order compelling the Civil Service Commission and other government offices to release his salary, which he alleges has been withheld since October 2025.

Nxumalo, who earns a basic salary of over E650 000 per annum, has instructed attorney Khumbulani Msibi to represent him in the urgent application.

According to court papers filed at the Industrial Court, Nxumalo wants the court to direct the Principal Secretary in the Prime Minister’s Office, the Chairman of the Civil Service Commission, the Accountant General and the Attorney General to immediately process and pay his salary for October and November 2025, as well as subsequent months.

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He is also seeking a declaration that the withholding of his salary constitutes a wrongful breach of his employment contract, and wants the respondents to bear the legal costs of the application at attorney and own client scale.

In his founding affidavit, Nxumalo states that he is employed as a public relations officer based at the prime minister’s office.

He argues that the Industrial Court has the jurisdiction to hear the matter in terms of section 8 of the Industrial Relations Act of 2000, as the dispute arose between employer and employee during the course of employment.

The First Respondent in the matter is the principal secretary in the prime minister’s office, responsible for authorising salary payments for employees under the ministry.

The Second Respondent is cited as the chairman of the civil service commission, mandated to recruit, employ, manage and discipline civil servants.

The accountant general, cited as the Third Respondent, is described as the government’s paymaster charged with paying all government employees from the consolidated fund. The attorney general is the Fourth Respondent in the matter.

Nxumalo states that the purpose of his application is to compel the respondents to pay his salary, which he alleges has been withheld since October 2025. He explains that he signed a three-year fixed-term contract on September 15, which was scheduled to commence on October 1.

The contract, he says, was signed with the Civil Service Commission, and he was ready to resume his duties on the commencement date.

Suspension

However, Nxumalo says he later learnt that he had been placed on suspension and barred from assuming his duties. He claims he was never afforded a hearing before the suspension and argues that had he been heard, he would have presented his case, including arguments on whether the suspension should be with or without pay.

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He contends that the respondents’ decision to place him on unpaid suspension without a prior hearing was unlawful and contrary to established legal principles.

Nxumalo further stated that the withholding of his salary has caused him severe hardship, asserting that he has no alternative source of income and cannot meet basic living expenses.

He details the financial strain he faces, saying he cannot afford food or other necessities and has dependants who rely on him for support. He warns that without his salary, he risks legal action for failing to meet his monthly financial obligations.

Attached to his affidavit is a copy of his employment contract, and a correspondence from his attorneys to the principal secretary dated November 17. He claims that the correspondence was ignored by the principal secretary.

Nxumalo argues that his salary, due under salary grade F3, has not been paid for October and November 2025, and insists that this omission is unlawful.

Directive

He cites section 47 of the Employment Act of 1980, which requires employers to pay employees on agreed dates unless a lawful directive or court order states otherwise. He contends that no such order or lawful instruction exists to justify the withholding of his salary.

Nxumalo emphasised the urgency of the matter, claiming that waiting for the full dispute-resolution procedures under Part VIII of the Industrial Relations Act would result in injustice due to the immediate hardship caused by his lack of income.

He argues that the Conciliation, Mediation and Arbitration Commission (CMAC) has no mechanisms to hear urgent applications of this nature, forcing him to seek relief directly from the Industrial Court.

Nxumalo also seeks punitive costs, arguing that the conduct of the Principal Secretary and accountant general amounts to dereliction of duty.

He asserts that since the prime minister’s office oversees the accountability of all ministries, it should lead by example by adhering to contractual obligations.

He says the failure to respond to his attorneys’ letter and the ongoing non-payment of his salary justify the request for costs at attorney-and-own-client scale.

He concludes his affidavit by submitting that he has established a prima facie case warranting the relief sought and prays that the court grants his application, including an interim order pending final determination.

INSIDE NXUMALO’S EMPLOYMENT CONTRACT

Court documents reveal that Government Spokesperson Alpheous Mfana Nxumalo’s employment contract provides for an annual basic salary of E653 651 under salary scale Grade F3.

The contract, signed on September 15, was set to run for three years, commencing on October.

In addition to the annual salary, the contract outlines several allowances and benefits to which Nxumalo is entitled under applicable laws, regulations and General Orders. These include eligibility for a communication gadget with a monthly limit of E3 000, or another rate approved by the Ministry of Public Service.

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The contract also makes provision for a commuted car allowance amounting to E12 085, subject to approval and any future adjustments determined by the government.

The contract details that allowances and benefits are governed by existing government policies, meaning they may be revised or updated through the Ministry of Public Service’s approval processes.

Nxumalo’s application before the Industrial Court references this contract as the basis for his claim that he should have received his salary from the commencement of the agreement. He argues that since no lawful directive exists to withhold payment, the terms of this contract remain binding and enforceable.

The matter continues in court.