COURT STOPS PUBLIC TRANSPORT WORKERS’ PROTEST

MBABANE – The stay away by public transport workers is likely to cause imminent loss of life.

This was according to the Minister of Labour and Social Security, Phila Buthelezi. In his application in court to, among other things, stop public transport workers from participating, and encouraging others to join them, in any form of march, protest or public transport disturbance, Buthelezi said the lives of emaSwati were in danger.
He said that would be the case if the public transport workers were allowed to proceed with the boycott as planned.
Yesterday, the Industrial Court issued orders stopping the public transport workers from engaging in any protest, strike, encouraging others and disturbing public transport. The orders operate on an interim basis and were issued in the absence of the respondents.

The minister cited the Secretary General (SG) of Swaziland Transport Communications and Allied Workers Union (SWATCAWU), Sticks Nkambule, as the first respondent and the union as the second. Eswatini Kombi and Buses’ Allied Workers Union (EKABAWU) and Swaziland Commercial Amadoda Road Transport Association have been cited as the third and fourth respondents.

Suspend

The minister approached the court on an urgent basis after public transport operators resolved to suspend public transport services on Tuesday and Wednesday. This decision was taken during a meeting that was held in Manzini on Thursday. The meeting was attended by representatives of public transport workers from the other regions of the country. It was organised by EKABAWU. It was also attended by members of SWATCAWU. Buthelezi informed the court that he instituted the application acutely aware of the situation that unfolded on November 15 and 16, 2022, where public transport was suspended by the associations or unions, much to the prejudice of the society at large.

He said the effect of the intended ‘unlawful conduct’ or action by the public transport workers would be prejudicial in that the national interest would be compromised. The minister told the court that on November 15 and 16, there was frustration in that the country’s operations were grounded. He said the situation was devastating as members of the public were inconvenienced. According to the minister, on these two days, the respondents and their members had embarked on an unlawful strike action.

“They withdrew their transport and labour. Schoolchildren and teachers were unable to go to school, the sickly, workers, the elderly and businesses were suffering acute prejudice and/or socio-economic hardship as a result of the unavailability of public transport for part of the population due to the strike action,” said Buthelezi. He also stated that the sick were placed at high risk of dying from failure to access clinics, health centres, hospitals and even pharmacies.

Application

According to the minister, the present application was brought because the public transport workers announced that they would down tools on December 13, 2022 (Tuesday). He said in terms of the law, such a strike was unlawful in that it was against the laid down procedure. “There is a procedure that has to be followed when a strike has to take place, which involves all stakeholders, i.e. municipal councils, national police etc. The procedure has not been adhered to. “The application is instituted to stop the respondents from engaging in an intended unlawful strike. There is sufficient evidence from their previous strikes that these kinds of actions are indeed a threat to national interest,” said Buthelezi.

He also informed the court that on Tuesday (December 6) the respondents unlawfully announced in newspapers that they would be embarking on a strike action on December 13, 2020. The minister said this was reiterated in an article published on Thursday. The decision of the public transport workers would endanger lives, he told the court.
“The intended boycott will endanger the life, health and personal safety of a considerable part of the national population,” added the minister.

“It is with that spirit that we move the present application to interdict the respondents from engaging and/or continuing to incite its members to be part of an unlawful strike action or boycott. We have considered that the national interest is threatened, thus an injunction by the minister is required as per the dictates of the law to move an application restraining the respondents from commencing with such a strike action or boycott.”

The matter, according to the minister, is urgent because the lives of emaSwati are in danger, ‘should the strike be permitted to proceed as planned’. He said the intended action by the public transport workers compromised national interest and if it went ahead unabated, it would ground the country to a standstill. Buthelezi submitted that the right to health, life and education would be compromised.

The minister informed the court that the respondents were responsible for the administration of public transport in the country. He said the intended boycott by the respondents was calculated at undermining the rule of law and breach fundamental human rights as enshrined in the laws of the country. “The imminent loss of life is likely to occur and the fundamental human rights of the general public infringed. The prejudice suffered cannot be compensated.

Non-adherence

“Should the intended strike action or non-adherence to the law and procedures go on as intended, the general population of Eswatini will suffer irreparable harm. The harm to be suffered cannot be compensated by any damages because national interest as defined in our Industrial Relations Act is not quantifiable to be remedied by monitoring compensation,” said Buthelezi.

The minister pointed out that the intended action by the public transport workers cut across the social spectrum because all national socio-economic activities heavily relied upon the normal provision of public transport services. Buthelezi said without such services, national life ground to a halt. He also stated that the disastrous effects of the strike on the economy, education, health and life were irreparable. The matter was postponed to Monday.

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