ATUSWA SWALLOWS SMAWU

MBABANE – It’s victory for the Amalgamated Trade Union of Swaziland (ATUSWA)!

The Industrial Court has ruled that ATUSWA is a union formed through an amalgamation process which was started by the Swaziland Processing, Refining and Allied Workers Union (SPRAWU), and the Swaziland Manufacturing and Allied Workers Union (SMAWU).
The judgment comes after an application was filed in court seeking an order declaring that SMAWU be merged with various trade unions to form ATUSWA.

The main issue that the court had to make a decision on was whether or not SMAWU was dissolved and its membership taken over by ATUSWA as a result of the amalgamation.

The judgment states that in its papers and during the leading of viva voce evidence, SMAWU tried hard to deny the existence of the resolution to dissolve and be part of the new trade union, ATUSWA.

SMAWU’s case in its papers was that there was no resolution taken by the workers during a meeting held on August 31, 2013 and that there was a dispute about the number of workers who attended the meeting.
Furthermore, the judgment states that SMAWU’s witnesses told the court that there was no resolution taken on the day because the meeting was postponed due to poor attendance and was poorly constituted.

Amalgamation

Before passing judgment, Judge Nkosinathi Nkonyane touched on the provisions of the law, where he stated that the amalgamation of trade unions in Swaziland was regulated by Section 41 of the Industrial Relations Act No.1 of 2000 as amended.

The section provides that, ‘An organisation which is registered under Act may, in the manner provided for in its constitution and subject to the provisions of the Act, amalgamate with any other organisation.’

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