Times Of Swaziland: ANNUL 1973 DECREE TO SAVE SD, SAYS JAN

ANNUL 1973 DECREE TO SAVE SD, SAYS JAN
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BY MUSA SIMELANE on 03/03/2014 05:06:00


LOBAMBA – A government statement officially annulling the infamous 1973 Decree
will save Swaziland’s standing with AGOA, MP Jan Sithole told Parliament.
Making his submissions during the Ministry of Commerce, Industry and Trade
Portfolio Committee sitting in the House of Assembly on Friday, he said trying
to salvage the country from the possibility of losing access to the African
Growth Opportunity Act (AGOA) without doing this will be futile.
“It is all or nothing unless the conditions for renewal of the country’s
eligibility for AGOA are met. If not, I sense that it could be a national
disaster,” said Sithole.
AGOA provides trade preferences for quota and duty-free entry for specific
African products into the United States market. The local textile industry has
benefitted a lot from AGOA over the years.
However, the 1973 Decree in question, in essence as viewed by local civic
societies, dissuaded political discussions, quietened dissent among the
citizenry and put off some fundamental human rights, such as freedom of
expression and association.
Because of this legislation, the belief was that workers have over the years
been put at a disadvantage.
Government on the other hand has maintained the decree was no longer applicable
by virtue of the new Constitution (2005).
As it is now, government is left with less than two months to come with tangible
and convincing evidence that workers’ rights were now respected in the country
or else face deregistration from AGOA. The country’s apparel and textile
industry employs about 19 000 people and about 10 000 could lose their jobs if
the country is deregistered.
Sithole mentioned that albeit a new Constitution was in place, just one sentence
by government saying that the decree was no longer applicable would suffice.
“ The problem is that even though we have a Constitution, the country seems to
be still bound by the old laws when closely looking at behaviour.
“There is the Public Order Act of 1963 which gives the police a right to
disperse meetings by workers willy-nilly.
“This is incongruent to the Constitution which guarantees and protects the
Freedom of Assembly. Current behaviour suggests the old laws are still in
force,” explained the MP in an interview.
Meanwhile, Jabulile Mashwama, Minister of Natural Resources and Energy, standing
in for Minister of Commerce, Industry and Trade, Gideon Dlamini, in Parliament,
acknowledged Sithole’s submissions and said there was a need to correct the
wrong perceptions held on the decree by engaging the relevant quarters. She said
it was important for government to prioritise AGOA.