Times Of Swaziland: Ex-miners call for urgent  special sitting for appeal

Ex-miners call for urgent  special sitting for appeal
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 MOSES DLAMINI on 09/03/2010 00:00:00


MBABANE- The free education court battle between ex-miners and government is not
over yet.
The Swaziland National Ex-Mine Workers Association has since appealed the
judgement that was delivered on January 19, 2010 by Justice Bheki Maphalala.
Government is expected to file answering affidavits from today.
The honourable judge made a ruling that government was under no constitutional
obligation to provide free education up to Grade VII and also added that the
ex-miners failed to give proof that government had the resources to do that.
The association is not satisfied with the judgement and allege that it makes the
court to appear as assisting government in violating the constitution and not
following court orders. The association believes that the right to free
education is enshrined under section 29 (6) of the constitution and is worded in
clear and unambiguous terms. It alleges that the right that is continuously
violated by government pertains to minor children who are the most vulnerable
group in society. The ex-miners believe that in all decisions affecting children
that the court takes, the best interest of the child must be given primary
consideration.
It is the belief of the ex-miners that the court arrange a special sitting to
hear this matter urgently because many children continue to be expelled from
school due to the failure by their parents to pay their fees. The association
contends that the Supreme Court has the authority to intervene in the matter so
as to order government to comply with her constitutional mandate and put this
matter to rest once and for all.
The ex-miners state that the continued expulsion of their children from school
is a complete and unlawful violation of the constitution and is tantamount to
degrading treatment which has to be prevented.
Lastly, the association is of the belief that government was given enough time
within which to implement free education and that misconstruction of the
provisions of the law is not excusable.
Therefore, the association believes that the above grounds of appeal demonstrate
that the judge misapplied his mind on various issues of law and facts.
The ex-mine workers are represented by lawyer Thulani Maseko.