MINISTER CHALLENGES COURT APPLICATION FOR ARREST

MBABANE – TSC Chairman Amos Mahlalela and Minister for Education and Training Owen Nxumalo are contesting an application by SNAT President Mbongwa Dlamini, which seeks to have them jailed for alleged contempt of court.

Dlamini has filed an urgent application with the High Court, requesting that Mahlalela, the Teaching Service Commission (TSC) itself, Attorney General (AG) Sifiso Khumalo, Moyeni High School Head teacher Sabelo Manyatsi, Minister Nxumalo and National Commissioner (NATCOM) of Police Vusi Manoma Masango be found guilty of contempt and imprisoned for a minimum of 30 days.

The respondents, represented by Principal Crown Counsel Henry Sibandze, have filed a notice of intention to oppose the application. The case is scheduled for argument next Friday before Judge Zonke Magagula. Dlamini is represented by Lucky Howe.

Contempt

In his application, the Swaziland National Association of Teachers (SNAT) president calls on the respondents to explain why they should not be held in contempt for failing to comply with a court order issued on November 15, 2024.

That order directed him to resume his duties at Moyeni High School. He alleges that the order also mandated Mahlalela, the TSC, the Moyeni High School head teacher and Minister Nxumalo to facilitate his return by allocating his classes and enabling him to sign the attendance register.

These claims are yet to be tested in court, as the respondents have not yet filed their formal response. Dlamini further requested that the respondents be given seven days to rectify their non-compliance. Should they fail to do so, he seeks a 30-day prison sentence, with the possibility of renewal for further 30-days for continued non-compliance.
Additionally, the SNAT president seeks to have the respondents pay the application’s legal costs on an attorney and own client scale, including certified counsel fees. He also requests that the AG be directed to enforce the initial court order.

Dlamini asserts the High Court’s jurisdiction over the matter due to its issuance of the original order and the respondents’ presence within its jurisdictional boundaries. Providing background to the case, Dlamini explained that he initiated proceedings in the Industrial Court to challenge an unfair disciplinary process by the TSC.

Review

The Industrial Court ruled in his favour, setting aside the TSC’s actions. The TSC then unsuccessfully sought a High Court review of the Industrial Court’s decision. During the review process, an agreement was reached that Dlamini would not return to his workplace until the matter was concluded. He argues that the court judgment effectively concluded the matter, entitling him to return to his position at Moyeni High School as a Mathematics and Science teacher, with all due benefits.

Upon attempting to resume his duties, Dlamini claims the Moyeni High School head teacher told him he lacked the necessary instrument from the Ministry of Education and Training and the TSC to facilitate his return. Dlamini maintains that the court order itself is sufficient and that no further documentation is required, but the head teacher insisted on waiting for the relevant instrument.

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