MBABANE – The Industrial Court has ordered that all employees engaged in the strike or picketing at Mpakeni Dam be locked out of Sakhalive Joint Venture’s premises.Judge Velaphi Dlamini further ordered the workers and any sympathisers involved in the industrial action to be forthwith removed from within the premises. They were directed to conduct future action at a distance of at least 100 metres from the main gate of the company’s premises.The Industrial Court’s ruling, delivered by Judge Dlamini and nominated members, grants interim relief to the applicant, Sakhalive Joint Venture, amid claims of significant financial prejudice and disregard for previous directives.The dispute centres on salary changes, which employees perceived as incorrect following a new Government Gazette. According to a founding affidavit by Hu Yongzhen, Project Manager for Sakhalive Joint Venture, a large group of employees ceased work on May 21, 2025, demanding immediate discussions. Management engaged with the employees, explaining their impression was incorrect, and a meeting was scheduled for May 27. Despite this, a further work stoppage occurred on May 26 when employees again failed to return from lunch.Sakhalive Joint Venture asserts that the industrial action is unprotected and illegal, as the employees, represented in part by the Amalgamated Trade Union of Swaziland (ATUSWA), have not followed the due process outlined in the Industrial Relations Act 2000 (as amended). This includes failing to report an unresolved dispute with the Conciliation, Mediation and Arbitration Commission (CMAC) or providing the required 48-hour written notice for a strike. The company had issued a memorandum instructing staff to return to work, highlighting the unlawfulness of their conduct.The court heard the application on an urgent basis, with Hasso Nkosingiphile Magagula of Dynasty Inc. Attorneys, representing Sakhalive Joint Venture, certifying the urgency. Magagula stated that despite a previous court order and company memorandum, employees continued their unlawful conduct, risking damage to working tools and causing severe financial prejudice to the applicant. He emphasised that CMAC cannot issue the interdicts sought, necessitating urgent court intervention.In its notice of motion, Sakhalive Joint Venture sought orders interdicting and restraining employees and their sympathisers from continuing the unlawful strike, declaring the action invalid, and affirming its non-compliance with the Industrial Relations Act.The court’s order, issued on June 24, 2024, mandates that all employees engaged in the unlawful work-to-rule or strike action be immediately locked out of Sakhalive Joint Venture’s premises. Furthermore, they, along with any sympathisers, must be removed from within the premises and conduct any future action at least 100 metres from the main gate.These directives are effective immediately and on an interim basis, pending a return date on July 4, 2024, when the first respondents (all employees engaged in the unlawful action), the second respondent (ATUSWA), the third respondent (the national commissioner of police), and the fourth respondent (the attorney general) are required to show cause why the orders should not be made final. The issue of legal costs has been postponed to this return date.Sakhalive Joint Venture maintains it has a clear right to protect its operations and enforce compliance with labour laws, arguing that the balance of convenience favours granting the relief to prevent further unlawful industrial action. The matter is pending in court.
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