EWSC employee challenges suspension at Industrial Court

AN employee of the Eswatini Water Services Corporation (EWSC) was suspended over allegations of dishonesty, falsification of reports, and the charging of E102.60 penalty fees that allegedly resulted in customer complaints.

The employee, a Credit Control Accountant at EWSC’s Central Region, Sambulo Makhanya, has approached the Industrial Court on an urgent basis to challenge his suspension and the continuation of disciplinary proceedings against him. He filed an urgent application seeking to interdict the disciplinary hearing. He also wants the court to declare the disciplinary process unlawful, set aside the ruling of the disciplinary chairperson, and quash the charges against him.

In a certificate of urgency filed by his attorney, Sipho Gumedze of V.Z. Dlamini Attorneys, Makhanya argues that the disciplinary hearing is based on offences that date as far back as 2017 and that EWSC unreasonably delayed instituting disciplinary action.

The application contends that continuing with the hearing violated his right to due process and protection from arbitrary and unfair procedures.

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According to correspondence attached to court papers, EWSC issued Makhanya with a show-cause letter dated May 7, 2025. The letter alleges that from December 2017 to date, he committed misconduct including falsifying weekly debt management reports, falsifying meter uproot reports, capturing inaccurate information in the billing system, failing to disconnect overdue accounts, and negligently handling complaint-related financial investigations.

One of the allegations states that Makhanya imposed E102.60 penalty fees on accounts that were already disconnected or not disconnected at all, causing customer complaints and negatively affecting customer experience.

EWSC subsequently issued a disciplinary investigation and suspension letter on May 21, 2025, placing Makhanya on suspension with full pay pending investigation. On June 11, he was served with a notice to attend a formal disciplinary hearing set for June 24.

The charges included falsifying credit control reports, gross insubordination for failure to disconnect overdue accounts, and misrepresentation of meter uproots.

In his founding affidavit, Makhanya states that he attended the hearing on June 24 and raised preliminary points, including alleged violation of the disciplinary code, unreasonable delay in bringing charges, a request for external representation, and recusal of the chairperson. He says the chairperson later issued a verbal ruling in August and failed to provide a written ruling at the time.

He further states that he appealed the ruling but was heard by the same chairperson who had issued the original decision. He also claims he was not furnished with documents underpinning the charges despite requesting them to prepare his defence.

Makhanya alleges that when the matter resumed on January 8, his internal representative withdrew and he was denied time to secure alternative representation. He further states that he suffered a medical episode during the proceedings and was examined by two doctors, both of whom confirmed his condition. The hearing was postponed to yesterday where it was supposed to continue; however, Makhanya says he only received the written ruling on the preliminary points on Tuesday, after which he consulted his union and legal representatives, leading to the urgent court application.

Makhanya argues that the employer waived its right to discipline him by delaying action for several years and that proceeding with the hearing would cause him irreparable harm, including possible loss of employment. He seeks an order stating the disciplinary proceedings pending the determination of his application.

The matter was later withdrawn in court as the legal representatives indicated that the union was engaged in talks with the employer.