Times Of Swaziland: ST MARK’S  HEAD TEACHER CHALLENGES  TSC TRANSFER  IN COURT

ST MARK’S  HEAD TEACHER CHALLENGES  TSC TRANSFER  IN COURT
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Mfanukhona Nkambule on 12/01/2025 08:08:00


MBABANE – The Teaching Service Commission (TSC) is back in the limelight.
This time, the TSC is entangled in a court battle with the Headteacher of St
Mark’s High School, Khanyisile Baah Shabangu. The matter is before the
Industrial Court where an order has been issued directing the Commission to stop
the implementation of the transfer of the headteacher from St Mark’s High
School to Fonteyn High School in Mbabane. The court issued this order pending
the finalisation of the matter. The applicant, Shabangu and the respondents, TSC
and attorney general, are expected back in court on January 14, 2025.
Arguments
In the meantime, parties as directed by the court are expected to exchange all
the necessary pleadings, heads of arguments, including authorities to enable the
matter to be argued on Tuesday. The matter was before Judge Muzikayise Motsa.
Shabangu, the Headteacher of St Mark’s High School, is represented by
Siphamandla Simelane from Robinson Bertram.
Simelane stated in his application for a certificate of urgency that the TSC
served the school leader with a letter on January 7, 2025, informing her of the
transfer to Fonteyn High School, effective on the same date, without consulting
her or affording her the right to make representations before this adverse
decision is taken.
Unlawful
In her affidavit, Shabangu, prays to the court to interdict what she described
as the implementation of the unlawful letter transferring her as principal of St
Mark’s High School to Fonteyn. She also prays for an order restraining and
interdicting the TSC from effecting the transfer pending the determination of
the application. Shabangu wants the court to issue an order that the decision of
the TSC communicated to her through the letter dated January 7, 2025 be reviewed
and set aside as irregular and unlawful.
Preparations
She told the court that the unlawful act of transferring her without due process
might affect the smooth opening of St Mark’s High School for the first term on
January 28, 2025 as she has already commenced preparations for same.
“This, I submit, might have a deleterious effect on all stakeholders,
including amongst others students and parents,” she said.
The headteacher argues that the process of handing over a school cannot be done
in the blink of an eye as there are due processes that must be followed,
including the handing over of bank accounts and accounting records of the
school.
Transfers
“That is why the general policy of the TSC is to at least communicate the
transfer of teachers in the third term and such transfers are then only effected
in the following year (first term) in order to allow the teachers to prepare for
such transfer,” the headteacher stated in the court papers. She added: “what
is worse in the present case is that I am the head of the school and I am
responsible for its daily operations, yet I am expected to vacate office in less
than 24 hours.”
Shabangu shared with the court that she was employed by the Government of
Eswatini on or about the year 1992 and was first stationed at Motshane High
School in the Hhohho Region as a languages teacher in English and SiSwati. After
20 years of clean service as a teacher at Motshane High School, she was promoted
and transferred to Ka-Boyce High School as head of the SiSwati Department.
“Again, through my diligence service, in 2016, I was promoted by the TSC into
being a deputy principal at Ka-Boyce High School, which position I took up until
I was promoted by the TSC into being the principal a principal at St Mark’s
High School in 2022,” the headteacher further stated in her court papers.
Commitment
She said she assumed the position of headteacher at St Mark’s High School in
2022, and through her diligent service and commitment to work, the school
achieved great results in both Form III and Form V.  In its answering affidavit,
the TSC says the decision is fair as the headteacher is being transferred to a
local school and her contract of employment has not been tempered with, hence,
she retains her position as headteacher with the same benefits.
The TSC alleged that the headteacher was consulted by the executive secretary
but she did not accept that the Commission was redeploying her to another
school, constantly stating that Fonteyn High School is a low status school. The
Commission alleged the headteacher was consulted on the last week of November
2024, arguing that its letter is lawful, fair and procedural. The matter will be
heard on Tuesday.