Home Business Court orders lockout for striking Sakhalive Joint Venture employees
Business

Court orders lockout for striking Sakhalive Joint Venture employees

Share
Mpakeni dam construction site
Share

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.

Ngwavuma River
Ngwavuma River
Futire community benefits
Futire community benefits

Share

Leave a comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Don't Miss

Inyatsi Construction building foundations of First World future

For more than four decades, Eswatini has witnessed one of the most significant periods of infrastructure development in its history. Under the leadership...

I don’t have money to compensate them – Polycarp

MONENI – Moneni overseer Prince Polycarp says he does not have the money to compensate the over 200 new homesteads that were settled...

King moves to save Ncangosini residents from eviction

KONTSHINGILA – Hundreds of residents living on a privately owned farm at Ncangosini, Kontshingila, are set to be spared from eviction after an...

Each MP set for E1m handshake

MBABANE – When the 12th Parliament assumed office in 2023, an ordinary Member of Parliament (MP) was earning a basic monthly salary of...

Macadamia processing plant boosts Eswatini’s export ambitions

MATSAPHA – Eswatini’s rapidly expanding macadamia industry is poised for a major growth as Elangeni Food Group moves closer to commissioning its processing...

Related Articles

IMF predicts slower growth

MBABANE – The International Monetary Fund (IMF) has projected that Eswatini’s economic...

Luju showcase opens new growth paths for EU backed MSMEs

MBABANE – A showcase at the 2026 Standard Bank Luju Food &...

Entrepreneurs report positive results

MBABANE – A showcase at the 2026 Standard Bank Luju Food &...

SBS Bank goes live with eMACH.ai Treasury platform

MBABANE – SBS Bank Eswatini has taken another major step in its...