MBONGWA WANTS MINISTER, TSC MEMBERS, AG JAILED FOR 30 DAYS

MBABANE – SNAT President Mbongwa Dlamini wants the minister of Education and Training, members of the TSC and the accountant general to be sent to jail for 30 days.

This comes after government allegedly failed to pay him E154 000 after his salary was withheld in October 2022 as per a court order. He contends that the trio was in contempt of the order wherein they were directed to pay him the aforementioned amount. Disenchanted with the decision of the respondents, Mbongwa has again approached the Industrial Court on an urgent basis.  Respondents in the matter are the Minister of Education and Training, Lady Mabuza, accountant general (AG)and the members of the Teaching Service Commission. The matter has been set down for today.

The Moyeni High School Maths and Science teacher, who earns about E22 000 per month, has not received his salary since September 2022.
The amount of E154 000 was arrived at based on calculations made by this publication after the Industrial Court set aside government’s decision to withhold Mbongwa’s salary from October 2022 and other subsequent months. The court issued no order as to costs. The order was issued by Judge Lungile Msimango. The judge said Mbongwa was not given an opportunity to be heard before the decision to withhold his salary was taken.

Respondents

In his application, the president of the Swaziland National association of Teachers (SNAT) is praying for an order that the respondents should show cause of why they should not be sent to jail for alleged contempt of court.  He is also praying for an order calling for the respondents to show cause why they should not be held in contempt and sentenced to prison for a period of 30 days for failing to comply with the order or purge themselves.
“They are in deliberate contempt of the Order and are violating the Rule of Law and are undermining the Judiciary to the extent that it will damage the reputation of the Judiciary and that of the country which they are to serve,” submitted Mbongwa.

He averred that this was a clear abuse of authority, which the Constitution prohibited.  He entreated the court not allow same to persist and to continue as it was detrimental to his rights. It was further his argument that the respondents were allegedly in contempt willingly and must therefore be held to be in contempt. “They must also be called upon to show because why the court should not hold them to be in contempt, failing which, the court, in my humble submission, has no alternative but to issue the order in terms of the notice of motion,” he argued. The applicant said the court could not be seen to be condoning the respondents in their alleged failure to make the payment as per the court order.

He brought it to the attention of the court that since the date of the order, the accountant general had paid the salaries of  civil servants and no reason could be advanced why he  had not been paid. These are allegations whose veracity is still to be tested and he respondents are yet to file their papers.
“I wish to aver that this matter is urgent as I have already indicated above that the withholding of my salary is not only unlawful but is putting me through a lot of hardship. I am unable to meet my urgent financial obligations. I have a family that is entirely dependent on me,” argued the SNAT president.   

Unlawful

He told the court that the conduct of the respondents was allegedly unlawful and had no basis in law and it was as good as taking the law into their own hands, for the second time now an order has been granted and is refusing to comply with the said Order. It was further his averments that, the respondents had no right in law, to withhold his salary, particularly because an order compelling them to make payments was issued. “The monthly payments which are due to me are being withheld and I am not in a position to establish when the respondents will comply with the court order,” submitted the president.    He also argued that the respondents were expected to comply with the court order immediately it was issued.

“The delay in following the process will leave me and my family destitute. They have withheld my salary with no court order or lawful instrument, they have not held a hearing and found that I had violated any provisions of the law to the extent that I should not be paid any of my wages,” he argued.  The matter has been set down for today and government through lawyers from the chamber of the attorney general is yet to file its papers.

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