INDUSTRIAL Court Judge Abande Dlamini has ordered three senior government officials to appear before court and explain why they allegedly failed to comply with a court order issued on January 21.
The officials summoned are Principal Secretary in the Prime Minister’s Office Bheki Bhembe, Civil Service Commission Executive Secretary Nhlanhla Mnisi, and Accountant General Nomsa B. Simelane.
The directive was issued during submissions by lawyer Khumbulani Msibi, representing Alpheous Nxumalo.
“I want these people to appear before court and explain why they were not complying with a court order and I want to know who is behind the defiance of the court order,” the judge said.
Msibi told the court that government had not communicated any prospects of a new offer to his client and that they were now seeking to proceed with contempt of court proceedings. “There have been no negotiations made with my client and he wants to enforce the contract and return to his position as government spokesperson,” said Msibi.
He urged the court to grant prayer four in their notice of motion, which sought to compel the responsible officials to explain the non-implementation of the court order.
Msibi further submitted that the officials responsible for processing Nxumalo’s salary and implementing his employment contract should be called before court.
RELATED | Govt offers Alpheous E1.2m
“Their respective offices were individually served with the court order, yet there has been no compliance,” he argued.
However, Crown Counsel Ndabenhle Dlamini disputed Msibi’s submissions, accusing him of surprising the State with new developments during proceedings.
Dlamini argued that there had been prior communication between the parties regarding the matter and said Msibi was now seeking enforcement of prayer four. He questioned the manner in which the application was being pursued at this stage of the proceedings.
The matter centres on Nxumalo’s efforts to enforce an earlier court ruling and resume his duties as government spokesperson.
Judge Dlamini postponed the matter to today for continuation, where the summoned officials are expected to account for the alleged non-compliance with the court order.
