MBONGWA HAS DESTROYED LEARNERS’ FUTURE - GOVT

MBABANE – “He has destroyed or ‘mercilessly murdered’ the future of the learners under him by depriving them of science and maths knowledge because he is always absent from school.”

These averments were made by Assistant Attorney General Mbuso Simelane, in the matter where President of the Swaziland National Association of Teachers (SNAT) Mbongwa Dlamini has against approached the Industrial Court over non-payment of his salary. Mbongwa wants the minister of Education and Training, Lady Mabuza, members of the Teaching Service Commission (TSC) and the accountant general to show cause why they should not 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 of May 8, 2022.

Contempt

He contends that the trio was in contempt of the order, wherein they were directed to pay him the aforementioned amount. Government is opposing the application and it argued that the judgment that was issued by the Industrial Court on May 8, 2023 was under review at the High Court and had been automatically stayed. The assistant attorney general contended that, since the judgment was now under review at the High Court, Mbongwa’s application should be removed from the Industrial Court. He also alleged that Mbongwa had been absent from work for nine months and last week he was allegedly not at work.

Respondents in the matter are the minister of Education and Training, accountant general (AG) and the members of the TSC. “It is my humble prayer that the application to hold the respondents to be in contempt of the judgment of May 8, 2023 be removed from the roll because the respondents have applied for the review (in terms of Rule 53 of the High Court Rules) of the said judgment in the High Court,” submitted the assistant attorney general.  Simelane further brought it to the attention of the court that the applicant (Mbongwa) had allegedly not been attending school and it came to the respondents’ attention that on June 5, 2023 he disappeared from school. According to Simelane, for the whole of last week (May 29 to June, 2023), Mbongwa was allegedly not at work. He told the court that there were other incidents they were investigating.

TSC Executive Secretary Nhlanhla Dlamini deposed to an affidavit, wherein he informed the court that there were other incidents of missing classes which they were investigating. According to Nhlanhla, the applicant did not report to him when he left and when he enquired from the head teacher about the conduct of the applicant and missing classes, he ( head teacher) was at pains to give him a clear answer.  The TSC executive secretary said he could sense the head teacher wished to be considered for a transfer from heading the school where Mbongwa is teaching.

Depriving

“The applicant has destroyed or ‘mercilessly murdered’ the future of the learners under him by depriving them of science and mathematics knowledge, nor does he prepare scheme books or conduct tests because he is always absent from school,” submitted Nhlanhla. He alleged that the judgment of May 8, 2023, did not deter Mbongwa from not attending work. He submitted that the United Nations (UN) convention on the Rights of the Child affirmed that every child had a right to education. He contended that education was a basic human right that worked to raise men and women out of poverty, level inequalities and ensure sustainable development,” he argued.

“If the court is inclined to proceed with the matter inspite of the pending review application, I humbly pray that it conducts an inspection in loco at Moyeni High School and interview the learners under the applicant’s care, to see the dire situation they are in, as a result of the blatant and willful ‘killing’ of their future, which will in see them suffering later in life because of being deprived science and maths subjects, that the applicant is supposed to impart upon them,” he argued. It was further his argument that the country stood to be deprived of scientists, pilots, mathematics and science teachers, engineers and IT specialists and many others professional because the applicant allegedly only cared for himself. Upon hearing arguments of both parties Judge Lungile Msimango reserved her judgment indefinitely.

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