Court dismisses silent application

MBABANE- A man who wanted his suspension to be declared null and void had his application dismissed by Industrial Court President Judge President Sifiso Nsibande.

Simon Tsikati had filed an urgent application where he wanted his suspension by the Swaziland Transport and Allied Workers Union (STAWU) to be declared null and void on grounds that the body that suspended him was not constitutionally in office.

Judge Nsibande said his view was that Tsikati’s application was falling short of the test set out in rule 15 of the Industrial Court rules.
“The applicant herein does not state when he was suspended, whether such suspension was communicated to him in writing or verbally (no letter of suspension is attached to his papers). He does not state the conditions of his suspension- and whether he is suspended on full pay or without pay.

Nor does he say whether he is aware of the reasons for his suspension. Further, he speaks of being disciplined and dismissed by a body that is not lawfully constituted. However, he does not state when he is to be disciplined and why. Nor does he state on what basis he has come to the conclusion that he will be dismissed even before he has been disciplined,” Judge Nsibande said. He added that Tsikati had alleged that the body that suspended him was not lawfully constituted but did not state why he asserted this.

“It is our view that the applicant has not set forth explicitly the circumstances that render the matter urgent nor why the provisions of Part V111 of the Industrial Relations Act 2000 as amended should be waived. In the result the application must fail. There is no need for the court to consider the other points raised by respondent. The application is dismissed. There will be no order of costs,” concluded the judge.

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