GOVT LAYS CONTEMPT CHARGE AGAINST STICKS, EKABAWU, SCARTA

MBABANE – Government has laid a charge of criminal contempt of court against Secretary General (SG) of SWATCAWU Sticks Nkambule, EKABAWU and SCARTA.

Criminal contempt of court refers to disobedience of an order of the court, which carries criminal penalties. The complaint against the public transport operators and their unions was reported to the police by Deputy Prime Minister Themba Nhlanganiso Masuku yesterday. In the statement of the criminal complaint, Masuku stated he was the Acting Prime Minister and chairperson of Cabinet. He narrated to the police that on Monday, the Industrial Court confirmed an order interdicting public transport workers from engaging in any protest, strike, encouraging others and disturbing public transport.

Respondents

Respondents in the matter were the SG of the Swaziland Transport and Allied Workers Union (SWATCAWU), Nkambule and the union as the second, Eswatini Kombis and Buses Allied Workers Union (EKABAWU) and Swaziland Commercial Amadoda Road Transport Association (SCARTA). Masuku said when the matter was called, all the respondents were not in court and they were not represented. Their names were called three times but there was no response.  This resulted in the court making the order final. The acting premier informed the police that in flagrant violation of the court orders, the respondents commenced their unlawful strike on December 13, 2022 by withdrawing public transport services vehicles from the roads or by deliberately not providing transport services to the public. “On behalf of His Majesty’s government, I now therefore lay a criminal charge of contempt of court case against Mr Sticks Nkambule, SWATCAWU, EKABAWU and SCARTA,” said Masuku.

He highlighted that government, as the judgment debtor, who acted in the national interest in applying for the court order, strongly desired the enforcement of same in the national interest.
“As acting head of government, I am advised by the learned attorney general (AG) that the Industrial Court does not have power to commit to gaol those who are in contempt of its judgment and orders. Instead the case of contempt is reported to the police for prosecution by the director of public prosecutions (DPP),” reads part of the complaint. He went on to state that it was a criminal court that could sentence the violator to a term of imprisonment.   In the statement, Masuku cited a previous judgment of the Industrial Court, in the matter between the Government of Eswatini vs Jan Sithole and three others.

In the aforementioned matter, the court made a recommendation that the respondents should be prosecuted, both for contempt of court and for instigating and engaging in an illegal strike action.   In that judgment, the court said; “We have come to a conclusion that such action would not be helpful in restoring harmonious industrial relations between the parties. Nevertheless, we admonish the respondents in the strongest terms for the flagrant disrespect they have shown to the court and the rule of law generally.” Meanwhile, in motivating the case against the public transport operators, Minister of Labour and Social Security, Phila Buthelezi, submitted 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 court then granted him the orders as sought in his application.

The court granted an order that the police should enforce the order stopping the public transport workers’ stay away. Nkambule allegedly refused to be served with government’s application by the police. This was stated in court by the government attorney, who was standing in for the attorney general. Nkambule is alleged to have told the police officer who tried to serve him with the court application that he wanted to be served the court papers by a deputy sheriff.

Sheriff

The attorney said there was no provision that stated one should be served by a deputy sheriff. The judge asked if the court should take it that the respondents were not interested in defending the matter. The court further granted an order interdicting the respondents, and their members or anyone acting at their behest or in concert with them, from embarking on or going on with, promoting, encouraging, supporting or participating in the strike action called by the respondents. The Industrial Court also interdicted the associations’ members or anyone acting at their behest from engaging in any form of march, public transport disturbance, strike action or protest on December 13, 2022 or any other future date.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: