Government Spokesperson Alpheous Mfana Nxumalo has approached the Industrial Court seeking to have senior government officials held in contempt of court for allegedly failing to comply with an order directing them to pay his salary.
Nxumalo filed a contempt application against Principal Secretary in the Prime Minister’s Office Bheki Bhembe, Civil Service Commission Executive Secretary Nhlanhla Mnisi and Accountant General Nomsa Simelane while the attorney general has been cited as the fourth respondent.
He is asking the court to compel the first to third respondents to comply with an order issued on January 21, 2026, which directed them to pay his outstanding salary. He also wants the court to declare the officials in contempt for allegedly refusing or failing to comply with the judgment.
Nxumalo further seeks an order compelling Bhembe, Mnisi and Simelane to appear personally before court to explain their non-compliance and that they be committed to three months imprisonment if found guilty of contempt.
According to court papers, Nxumalo is employed as a Government Public Relations Officer in the prime minister’s office under a three-year fixed-term contract signed on September 15, 2025, and effective from October 1.
He told the court that despite the signed contract, he was not paid, prompting him to seek legal recourse.
“I am employed by government under a three-year fixed-term contract which was signed on September 15, 2025 and scheduled to commence on October 1,” he stated.
Nxumalo said he first approached the court on December 2, 2025, seeking an order compelling the respondents to honour their contractual obligations.
“Seeing that the respondents were not paying my salary despite the signed contract of employment, I approached this honourable court seeking relief,” he said.
The matter was heard on January 21, 2026, after several postponements and failed settlement attempts, resulting in a court order directing the respondents to pay his salary.
Nxumalo said the order was served on all respondents, including the attorney general’s office, on January 26, 2026.
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However, he claims the officials have not complied with the order and have neither appealed nor sought a review of the judgment.
“I have not been paid my salary arrears from October 2025 to date and my name does not appear on the government payroll despite the court order,” he said.
Nxumalo told the court that the continued failure to pay his salary has left him struggling financially, as it is his only source of income and he has dependants.
“With my salary relentlessly withheld, I am living below the basic poverty line despite having a valid contract of employment,” he said.
He argued that the respondents’ conduct amounted to deliberate and wilful contempt of court and urged the court to grant the relief sought.
Nxumalo also asked the court to award costs on a punitive scale, arguing that the alleged contempt was committed by senior officials in the prime minister’s office, which should set an example in upholding the rule of law.
He further submitted that imposing costs would send a strong message that courts will not tolerate disregard of their orders, regardless of the office involved.
