COPS CAN CALL ME – WANTED STICKS

MBABANE - Sticks Nkambule, the Secretary General (SG) of the Swaziland Transport, Communications and Allied Workers Union (SWATCAWU) says the police can call him on his cellphone whenever they needed him.

He was responding to a notice by the Royal Eswatini Police Service (REPS), which posted him as a wanted person yesterday. Nkambule is wanted to assist the police on a matter related to contempt of court. Chief Police Information and Communications Officer Superintendent Phindile Vilakati confirmed that Nkambule was wanted by the police. When asked on the need to issue the notice, Vilakati said the notice was necessitated by that investigators had failed to locate him. Vilakati said normally, such a notice was issued after a warrant of arrest had been issued for that particular person.

When sought for comment, Nkambule said his organisation would issue a formal statement on the matter. He stated that the police, including the National Commissioner (NATCOM) of Police, William Dlamini and other senior police officers had his number, so they should call him. The notice comes hardly a week after the attorney general (AG), Sifiso Khumalo, said his office and that of the director of public prosecutions (DPP) were working on the charges to be preferred against Nkambule and the union (SWATCAWU), Eswatini Kombis and Buses Allied Workers Union (EKABAWU) and Swaziland Commercial Amadoda Road Transport Association (SCARTA).

The AG said the charges laid by government were real and alive. As such, Khumalo said the law would take its course, in as much as the State must exercise due diligence.  He said people assuming that nothing would come out of the charges were fooling themselves (bayatiyenga). Government, through the Deputy Prime Minister Themba Nhlanganiso Masuku, on December 13, laid a complaint of criminal contempt of court against the aforementioned parties to the police. Criminal contempt of court refers to disobedience of an order of the court, which carries criminal penalties.

Complaint

In the statement of the criminal complaint, Masuku, at the time, was the Acting Prime Minister, as the incumbent, Cleopas Dlamini, was abroad on official business. Masuku  narrated to the police that on December 12, 2022, the Industrial Court confirmed an order interdicting public transport workers from engaging in any protest, strike, encouraging others and disturbing public transport. The acting PM said when the matter was called, all the respondents were not in court and 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 had 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 and deliberately failing to provide 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 aforesaid 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.”

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: