WE’RE NOT CIVIL SERVANTS, GOVT CAN’T TAKE US TO COURT - EKABAWU

MANZINI – “We are not civil servants and can’t be taken to court for refusing to work due to our challenges.”

This is according to the Eswatini Kombis and Buses’ Allied Workers Union (EKABAWU). EKABAWU National Organiser Muzi Nhleko said this when sought for comment following that government, through the Minister of Labour and Social Security, Phila Buthelezi, has taken the two unions representing public transport workers to court. Government wants the court to stop the unions from participating and encouraging others to join them in any form of march, protest or public transport disturbance. In the court application, Buthelezi said the lives of emaSwati were in danger as the stay-away by public transport workers could lead to imminent loss of life if the the public transport workers were allowed to proceed with the boycott as planned. This resulted in the Industrial Court issuing orders interdicting 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.

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. EKABAWU and Swaziland Commercial Amadoda Road Transport Association have been cited as the third and fourth respondents. In reaction to this, Nhleko said they were shocked that they were taken to court by government as they were not civil servants. When asked if they would present themselves before court today as respondents in the matter, he maintained they were not civil servants.  It should be noted that in the event the respondents do not show up in court today, the court will be left with no alternative but to make the interim order final.

Also, the Manzini Branch Chairperson of SWATCAWU, Machawe ‘Rasta’ Mamba, said their members had, in a meeting on Saturday, emphasised their previous resolution, which was not to work tomorrow and on Wednesday. “In our meeting, the drivers said that in fear of the unknown, they would not be reporting for work as threats have been circulating, revolving around their safety.”

Resolved

Mamba could not commit to their presence in court today. It is worth noting that last Thursday, after disagreeing to agree, public transport workers, with one voice, resolved to park public service vehicles for two days. This resolution was taken during a meeting held in Manzini on Thursday by the public transport workers, who were represented from other bus terminus as well. Their reasoning was that they would not report for work tomorrow in fear for their safety and that for the vehicles they earned a living using. The public transport personnel said they would have loved to work on the day and send representatives to represent them at the case of the incarcerated politicians, who are Hosea Constituency Member of Parliament (MP), Mduduzi Bacede Mabuza and Ngwempisi Constituency MP Mthandeni Dube.

However, given that there had been warnings that it would not be safe to travel on December 13, their clients (commuters) were most likely to be scared and not report for work on the day. This, they said, meant that there would be no commuters to transport. Furthermore, they said there were threats insinuating that a public transport vehicle which would be seen operating tomorrow, would be at high risk of being set alight. In fear of losing their means to earning an income, the public transport workers said they would park their employers’ vehicles to protect them and also, for their own safety.

Subsequent to their resolution, their employers (public transport owners) had a meeting with the National Road Transport Council (NRTC), wherein the latter tried to intervene in the impasse regarding the unavailability of public transport tomorrow and Wednesday, but nothing changed. After the closed meeting, the NRTC held a press conference, according to Eswatini News, where it said as public transport operators, they wanted to work tomorrow because they valued their customers and their business, but due to the prevailing situation, with endless threats, it would be difficult for them to go to work. “The public transport operators said they would never forsake emaSwati, unless there were reasons which were beyond their control, like the arson attacks threats on public transport vehicles that would operate on Tuesday (tomorrow),” the road transport council said. It was reportedly submitted that they said in as much as government had assured them that it would provide security on the day, they believed that there was no way the State security organs would escort each and every vehicle.

Meeting

Meanwhile, on the same day of the NRTC meeting with leaders of the public transport associations, government, through Minister Buthelezi approached the Industrial Court, wherein he stated 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. The minister 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. Buthelezi 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. 

The minister averred that public transport workers withdrew their transport and labour, which resulted in schoolchildren and teachers being unable to reach their destination – schools – while 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. According to the minister, the present application was brought because the public transport workers announced that they would down tools on December 13, 2022 (tomorrow).

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.

Strike

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.

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