COURT STOPS CIVIL SERVANTS’ STRIKE, BUT...

MBABANE – The Industrial Court has stopped the strike action by public sector associations (PSAs).

The interim order stopping the strike action by the PSAs was issued by Judge Abande Dlamini yesterday. This, after government filed an urgent application where it argued that the ongoing strike action, which commenced on September 3, 2019, had gone beyond a labour dispute between government and the unions. Respondents in the matter were the National Public Service and Allied Workers Union (NAPSAWU) and the Swaziland National Association of Teachers SNAT. According to Attorney General Sifiso Mashampu Khumalo, the strike action has become untenable due to its threats to national interest.

He implored the court to invoke Section 90 (1) of the Industrial Relations Act. Section 90(1) of the Industrial Relations Act provides that: “A person, organisation, federation or party to a dispute shall not continue or take strike action or institute a lockout while proceedings in relation to the dispute to which that action relates are pending in court.” Khumalo averred that the fact that government had instituted proceedings in relation to the dispute, meant that the matter was now pending in court. In his judgment, Judge Dlamini pointed out that the application by government was brought by the Minister of Labour and Social Security in terms of Section 89 (1) of the Industrial Relations Act.

Section 89 (1) stipulates that: “If any strike or lockout is threatened or taken, whether in conformity with the Industrial Relations Act or otherwise, and the minister considers that the national interest is threatened or affected thereby, he may make an application to the court for an injunction restraining the parties from commencing or from continuing such action and the court may make such order thereon as it considers fair having regard to the national interest.”

Threatened

Judge Dlamini highlighted that in the application, the Minister, Makhosi Vilakati, deposed that members of the respondents disrupted operations, intimidated and threatened teachers who had exercised their right not to strike. 

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