By Bahle Gama
The Civil Service Commission (CSC) has stood by the appointment of Chief Fire Officer Luke Lushaba, insisting that the process was lawful and should not be reversed.
This was revealed in an affidavit filed by CSC Executive Secretary Nhlanhla Mnisi in response to an urgent court application filed by the National Public Service and Allied Workers Union (NAPSAWU) on behalf of fire and emergency officers.
In the court papers, Mnisi argued that the union had failed to prove why the matter should be treated as urgent and dismissed the application as both premature and legally flawed.
“The Applicant has failed to comply with the urgency requirements outlined in Rule 15 of the Industrial Court Rules of 2007,” Mnisi submitted.
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“There are no exceptional circumstances presented to justify the urgent intervention of the court.”
He further stated that the Industrial Court lacked the jurisdiction to hear the matter since the dispute had not been reported or handled in accordance with Part VII and VIII of the Industrial Relations Act.
“This Honourable Court cannot hear a dispute relating to alleged unfair labour practices unless the correct procedures have been followed,” Mnisi argued.
The application filed by NAPSAWU is challenging Lushaba’s appointment as Chief Fire Officer, which was first made in an acting capacity in March 2022 and later confirmed.
According to Mnisi, the union was aware of the appointment from the beginning but did not object until the extension of Lushaba’s term expired on March 22, 2025.
“The Applicant (NAPSAWU) acquiesced to the appointment and never raised any objection. It is no longer open for them to change course and challenge the decision now,” Mnisi stated.
He emphasized that the delay in raising the matter rendered the application invalid, saying it was barred by the legal principle of acquiescence and pre-emption.
NAPSAWU also challenged Lushaba’s appointment on the grounds that it was irregular and unprecedented. But Mnisi rejected these claims, saying the
appointment followed legal provisions under Regulation 56 of the Civil Service Board General Regulations of 1963.
“The Civil Service Commission has the power to extend pensionable service beyond the normal retirement age. Lushaba’s appointment was not only lawful but also based on his satisfactory performance,” Mnisi said.
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Mnisi further told the court that the CSC itself cannot be sued in this matter, as it is only an administrative body.
He argued that any legal proceedings should instead be directed at the Chairperson of the Commission, who holds the necessary legal standing.
He also questioned whether NAPSAWU had sufficient legal interest in the case, noting that the appointment had already been made and was in effect.
“In the absence of direct legal interest and proper legal standing, the application should be dismissed,” he submitted.
The case is expected to continue with further legal arguments when it returns to
