Free education in doubt as ex-miners run to court

MBABANE- Government has once again been taken to court in an attempt to force her to follow her constitutional obligations.

The Swaziland National Ex-Mine Workers Association has made an urgent application at the High Court where the Swaziland Government, the Ministry of Education and the Attorney General have been cited as respondents.

The affidavit submitted in court states that the enactment and the coming into force of the Constitution Act 001 placed certain obligations on the respondents. One of such mandate and obligation is enshrined in section 29 (6) as read together with section 60 (8) of the Constitution as well as section 2.

In terms of these provisions, the respondents are obligated to provide free primary education to all primary school Swazi children within three years of the coming into force of the Constitution.

According to the application, it is now the fourth year and the respondents’ obligation had not been followed. Instead, the respondents are alleged to have reneged from their obligation and resolved to perpetuate the violation of the constitution by stating that they will roll-out free education only from the first and the second grades.

This is not according to the constitutional obligation. According to the application, the violation of the constitution must be brought to a stop.
The application in court seeks to direct and compel the respondents to make free primary education available this year to every Swazi child in terms of the constitution.

The members of the Ex-Mine Workers Association state that given the hardships they face now that they are not in gainful employment, government should take the responsibility for the education of their children and all such Swazi children who may be in need.

The applicant, through its president, Ndlavela Dlamini, states that they approached the court inspired by the constitutional provision that guarantees free education. The Honourable Court handed down judgement on March 16, 2009 in terms of which it found that the respondents have a constitutional obligation to provide free primary education to every Swazi attending primary school who may be in need.

However, the respondents have made it categorically clear that they will roll-out free education only to the first and second grades. This position was taken without proper consultation with the stakeholders as they were not invited when such was resolved.

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