Govt, Alpheous reach salary settlement, but…

Government has informed the Industrial Court that it has reached a settlement in the ongoing dispute over the salary of embattled Spokesperson Alpheous Nxumalo.
This was disclosed by Henry Sibandze from the Attorney General’s office when the matter returned before Judge Abande Dlamini yesterday.

At the start of proceedings, Sibandze informed the court that during the last appearance, they had indicated efforts to reach a settlement.
“Today I am here to report that we have reached a settlement to resolve the matter.” However, he said a few internal processes still needed to be completed before the agreement could be finalised.

When the judge asked for details of the settlement terms, Sibandze requested to brief the court in chambers.
The court rejected the request, with Judge Dlamini noting that such an approach would waste time, especially as the matter had been filed under a certificate of urgency. He further stated that it had been anticipated that the agreement would have been signed by Monday.

Judge Dlamini granted Sibandze additional time to finalise the document. He instructed that by Tuesday, the parties must appear in court with a signed agreement.
Should they fail to do so, the matter will proceed to arguments.

Nxumalo’s lawyer Khumbulani Msibi informed the court that his client had been promised payment when civil servants receive their December salaries.
Sibandze declined to address this issue, insisting that the court should not entertain it either.

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During the exchange, the court expressed dissatisfaction with Sibandze’s conduct after he remarked that government was ‘ready for anything’.
Judge Dlamini stated that Sibandze was not negotiating in good faith. The matter was subsequently postponed to Tuesday.

Nxumalo approached the court seeking an order compelling the Civil Service Commission (CSC) and other government offices to release his salary, which he alleged had been withheld since October.
Court documents revealed that Nxumalo earned a basic salary of over E650 000 per annum and is employed as a public relations officer based in the Prime Minister’s Office.

In his application, Nxumalo wanted the court to direct the Principal Secretary in the Prime Minister’s Office, CSC chairman, the Accountant General and the Attorney General to immediately process and pay his salary for October and November, as well as future months.
He is also seeking a declaration that the withholding of his salary constituted a wrongful breach of his employment contract and had asked that the respondents bear the legal costs on the attorney-and-own-client scale.

Nxumalo asserted that the Industrial Court had jurisdiction over the matter in terms of Section 8 of the Industrial Relations Act of 2000, as the dispute arose from an employer-employee relationship.
The principal secretary in the Prime Minister’s Office is cited as first respondent, CSC chairman as second respondent, the accountant general as third respondent and the attorney general as fourth respondent.