ESCCOM, finance manager ‘fight’ over no-pay suspension

THE Eswatini Communications Commission (ESCCOM) wants to stop paying the salary of its suspended Finance Manager Sifiso Gulwako while a disciplinary hearing into alleged financial misconduct involving E720 000 remains ongoing.

Gulwako has now approached the Industrial Court in an urgent bid to stop the commission from variating his suspension from full pay to no-pay. He argued that the move is unlawful and could leave him without a salary while disciplinary proceedings against him remain unresolved.

The dispute has pitted Gulwako against the commission over the legality of the proposed suspension without pay, with the commission insisting that he must first be given an opportunity to respond before rushing to court.

ESCCOM has raised a preliminary point of law arguing that Gulwako’s application is premature because the deadline for him to respond to the show-cause letter was only yesterday.

“Gulwako has jumped the gun, he ought to have replied the letter first then wait for the decision of the employer before he can take action, if necessary, thereafter,” ESCCOM stated in its notice to raise a point of law. The commission is seeking dismissal of the application with punitive costs, describing Gulwako’s approach as an abuse of court process.

The salary dispute stems from a letter dated October 6 signed by acting Chief Executive Officer Ozzie Thakatha. In the letter, Thakatha told Gulwako that ESCCOM intended to variate his suspension from full pay, to suspension without pay pending finalisation of his disciplinary hearing.

“Before a final decision is taken on whether or not to vary the term of your suspension, you are hereby given an opportunity to write to the commission and show cause why the term of your suspension must not be varied from full pay to no-pay,” the letter stated.

Gulwako was given until close of business yesterday to respond. The commission warned that failure to respond would be regarded as a waiver of his right to be heard and that it would proceed to make a decision without his representations.

However, Gulwako argued that the proposed move is unlawful because neither the Employment Act of 1980 nor ESCCOM’s Industrial Relations Policy and Procedure 2021 permits the commission to suspend him without pay under the circumstances of his case.

He pointed out that he has not been arrested or remanded into custody. According to the policy attached to his court papers, suspension with pay may be imposed during an investigation and pending disciplinary action. It further states that suspension without pay may be used where an employee is remanded into custody. Gulwako therefore argued that ESCCOM cannot simply change his suspension from full pay to no pay while his disciplinary hearing is still underway.

“The letter is unlawful, it seeks to introduce an unlawful process not provided for in the policy or employment act,” he stated. Gulwako was initially suspended on July 30 pending an internal investigation into allegations of financial misconduct.

The suspension letter stated that allegations had been made that between December, 2025 and July 30 this year, certain payments were allegedly facilitated into Gulwako’s personal accounts from ESCCOM funds without lawful justification. The commission put the estimated loss at E720 000, subject to further verification.

At the time, ESCCOM said Gulwako’s position gave him access to financial systems, records, documents and other information relevant to the investigation. He was ordered to vacate his office and surrender ESCCOM’s property, including his laptop, access cards, keys, official documents, passwords and files.

The suspension letter expressly stated that it was not a finding of guilt and that no final decision had been made regarding the allegations.

Gulwako was subsequently charged with alleged misconduct on August 12 and invited to a disciplinary hearing scheduled for August 14. The hearing remains incomplete. Gulwako has also challenged the chairperson of the disciplinary hearing in a separate case which he instituted on September 11. The matter will be argued on Monday.

He claims that the decision to seek a no-pay suspension came after he challenged the disciplinary process in court. He alleged that the proposed variation is retaliatory and is intended to punish him for exercising his right to challenge the disciplinary process. Gulwako has asked the Industrial Court to urgently interdict ESCCOM from implementing the proposed change and to declare the process unlawful, null and void.