![Government Spokesperson Alpheous Nxumalo with Prime Minister Russell Mmiso Dlamini. [Courtesy pic]](https://www.eswatiniobserver.com/wp-content/uploads/2025/12/480955224_940003644989639_6961938701189516981_n.jpg "480955224_940003644989639_6961938701189516981_n")
GOVERNMENT Spokesperson Alpheous Nxumalo has maintained before the Industrial Court that he remains the substantive holder of the position under the employment contract he signed on September 15, 2025.
In court papers, Nxumalo rejected claims that he had agreed to terminate his contract by mutual consent, insisting that only the Civil Service Commission (CSC) had the constitutional authority to appoint, vary or terminate his employment.
“I deny in the strongest possible terms that I ever admitted that the contract was not workable with anybody whatsoever,” he stated.
Nxumalo explained that he attended a meeting at the Ministry of Public Service after receiving an invitation through the Attorney General’s Office.
During the meeting, he was informed that government intended to vary his appointment by creating a new holding position for him under the Ministry of Public Service.
He said he initially believed the proposed arrangement had been approved by the CSC, only to later discover that the commission had not sanctioned the move.
According to Nxumalo, the proposed variation never materialised and therefore could not be interpreted as acceptance of a new contract or termination of his existing one.
“I could not have accepted something that never worked out or failed to take off. As things stand, I am the substantive holder of the position of government public relations officer according to the original contract,” he submitted.
Nxumalo further denied ever authorising his attorneys to agree to the termination of his employment on his behalf.
“I deny ever agreeing to a termination of the contract at any stage and I never mandated my attorneys to do so on my behalf,” he said.
He argued that his written contract could not be terminated verbally, adding that the agreement requires either party wishing to terminate it to give three months’ written notice or payment in lieu of notice.
Nxumalo maintained that none of the contractual conditions permitting government to terminate his employment had arisen and that no written notice had ever been issued to him.
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He also admitted rejecting a financial settlement offered by government, arguing that it was irregular because it did not originate from the Civil Service Commission and failed to address the actual dispute before the court, namely the non-payment of his salary from October 2025.
“The issue before this court is the non-payment of my salary. Termination of the contract is not an issue pending before this court,” he argued.
Nxumalo further stated that he informed the Attorney General’s Office that he intended to serve government for the full duration of his contract and would not accept what he considered an unlawful attempt to terminate it.
He alleged that government officials had defied court orders by failing to process and pay his salary.
According to Nxumalo, he reported for duty on October 1, 2025 but was instructed to remain at home while the prime minister allegedly sought an audience with His Majesty King Mswati III regarding the renewal of his contract.
He claimed he was assured that his salary would continue to be processed while he awaited further instructions.
Nxumalo told the court he was shocked when his salary was not paid at the end of October 2025 or in the months that followed.
He alleged that responsibility for processing his resumption-of-duty documents rested with the principal secretary in the Prime Minister’s Office, who failed to do so.
He argued that the respondents remained in contempt of court for allegedly failing to comply with directives requiring payment of his salary.
Nxumalo also reserved his right to institute constitutional proceedings and seek a referral of certain issues to the High Court if necessary.
Rejecting allegations that he was politicising the dispute, he said his complaint related solely to government’s alleged breach of court orders and contractual obligations.
He has asked the Industrial Court to order payment of his outstanding salaries and legal costs on the attorney-and-own-client scale.
