Ex-miners call for urgent special sitting for appeal
MBABANE- The free education court battle between ex-miners and government is not over yet.
The Swaziland National Ex-Mine Workers Association has since appealed the judgement that was delivered on January 19, 2010 by Justice Bheki Maphalala. Government is expected to file answering affidavits from today.
The honourable judge made a ruling that government was under no constitutional obligation to provide free education up to Grade VII and also added that the ex-miners failed to give proof that government had the resources to do that.
The association is not satisfied with the judgement and allege that it makes the court to appear as assisting government in violating the constitution and not following court orders. The association believes that the right to free education is enshrined under section 29 (6) of the constitution and is worded in clear and unambiguous terms. It alleges that the right that is continuously violated by government pertains to minor children who are the most vulnerable group in society. The ex-miners believe that in all decisions affecting children that the court takes, the best interest of the child must be given primary consideration.
It is the belief of the ex-miners that the court arrange a special sitting to hear this matter urgently because many children continue to be expelled from school due to the failure by their parents to pay their fees. The association contends that the Supreme Court has the authority to intervene in the matter so as to order government to comply with her constitutional mandate and put this matter to rest once and for all.
The ex-miners state that the continued expulsion of their children from school is a complete and unlawful violation of the constitution and is tantamount to degrading treatment which has to be prevented.
Lastly, the association is of the belief that government was given enough time within which to implement free education and that misconstruction of the provisions of the law is not excusable.
Therefore, the association believes that the above grounds of appeal demonstrate that the judge misapplied his mind on various issues of law and facts.
The ex-mine workers are represented by lawyer Thulani Maseko.
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