SCHOOLS OPENING: GOVT BREACHED COVID-19 RULES

MBABANE – SNAT has emerged victorious in its battle over the opening of schools by government at the height of the COVID-19 pandemic.

The Industrial Court has found that the opening of schools on July 6, 2020 was in breach of Regulation 27 of the COVID-19 Regulations 2020. 

Regulation 27 provides that: “Schools and tertiary institutions shall be closed until the decommissioning of the declaration, which period may be extended for the duration of the national emergency by the prime minister (PM).” 

Judge Dumisani Mazibuko said in the event the Swaziland National Association of Teachers (SNAT) intend to pursue the issue of irregular opening of schools between July 6, 2020 and September 9, 2020, it shall make an appropriate application to penalise whomsoever may be responsible for the breach of Regulation 27.

“As from September 10, 2020, government was legally entitled to open and operate schools subject to proof that the health and safety requirements, as provided for in the COVID- 9 regulations and any other law, have been complied with,” said Judge Mazibuko.

The court further found that there was a material dispute of fact before it, which could not be resolved on the affidavits filed, on the question; whether or not government had complied with the health and safety requirements.  

Evidence

It was further the court’s observation that judgment could not be prepared until the necessary evidence was presented. The genesis of the matter was that in July, SNAT filed an urgent application at the Industrial Court wherein it was challenging the opening of schools.

SNAT further decried that some of its members had underlying conditions and, therefore, would subject themselves to exposure to COVID-19.

The teachers argued that they conducted independent inspections of more than 22 schools and found that the conditions were not conductive. 

Infections

It was further their contention that in the event they proceeded to resume duties, there was a high likelihood of infections among them.

The application was, however, being met with resistance from government.

In its application, SNAT was among other prayers, seeking an order interdicting the minister of Education and Training and the prime minister (PM) from directing that all high schools teaching Form V in the Kingdom of Eswatini should open. Respondents in the matter are the minister of education and training, the pm and the attorney general.

The association was  further praying for an order directing the minister of education and the pm to provide all teachers with all the personal protective equipment (PPE) prescribed by the World Health Organisation (WHO) to avoid the contracting and transmission of COVID-19.  

The teachers averred that this would enable them to perform their obligations without limiting the generality hereof to provide adequate ablution facilities, water, hand sanitisers, face masks, disposable gloves, cleaning  and sanitising material for all classrooms as well as appropriate safety.

The applicant (SNAT) also wanted the court to direct government to comply with the provisions of Section 9 and 18 of the Occupational Safety and Health Act, together with the directive issued by the prime minister to the effect that all person, including teachers, staff and learners should wear face masks in public spaces such as schools.

SNAT was also pleading with the court to direct government to provide its members with a safe and healthy workplace with appropriate safety conditions as per the dictates of the Act, by ensuring that all workplaces at every school were sanitised.

The association also wanted the State to be interdicted from subjecting its members to any changes of the terms and conditions of employment as per the directive of the principal secretary in the ministry of Education and Training. 

“The respondents should be interdicted from declaring that the non- attendance by members of the applicant to their respective workplace is a violation of the terms and conditions of employment,” read one of the prayers.

It was further one of their prayers that the court should declare that, until there has been compliance with the Occupational Safety and Health Act, all the present schools in the Kingdom of Eswatini were not safe places to work due to unsafe conditions of each workplace and the members being at serious risk 

Opening

In the event government failed to comply, SNAT wanted the court to order it to suspend the opening of schools until it had complied.

Alternatively, the association was praying for an order, that pending compliance, government should be ordered to provide training to its members on long distance teaching, via available technology, for the purpose of teaching the learners remotely and to provide the learners with adequate equipment and devices to learn remotely.

SNAT lawyer, Lucky Howe, contended that the application was urgent in that the teachers had been directed by government to proceed to open high schools in Eswatini. Government was represented by Assistant Attorney General Mbuso Simelane.

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