MBABANE – A group of leaders from SAPWU has approached the Industrial Court to block the participation of certain delegates in the TUCOSWA elective congress.
The elective congress is scheduled to begin today, while the matter, filed under a certificate of urgency, has also been set down for hearing on the same day.
In a founding affidavit deposed by Kidwell Ndlovu, the applicants comprising eleven Swaziland Agricultural and Plantations Workers Union (SAPWU) leaders and the union itself cite an ongoing leadership dispute within the organisation as the basis for the application.
The respondents include the Trade Union Congress of Swaziland (TUCOSWA) and a rival faction within SAPWU led by Samuel Chirwa and 10 others.
According to the court papers, the dispute dates back to 2018 and 2019 when two separate leadership structures emerged following disagreements over constitutional amendments within the union. The applicants state that although both factions’ terms of office have since expired, fresh elections were held in May 2023, resulting in the current leadership whose term is set to expire in 2027.
The applicants argue that despite being notified of the outcome of the 2023 elections, TUCOSWA has continued to engage with the rival faction. They allege that the federation ignored their letter dated March 6, 2026, in which they requested that SAPWU’s participation in the elective congress be put on hold pending the resolution of the leadership dispute.
Ndlovu further states that the applicants were informed that TUCOSWA held a general council meeting on March 18, 2026, where it was resolved that the congress would proceed from March 25 to 27. It is alleged that the rival faction attended the meeting and submitted a list of 21 delegates purportedly representing SAPWU.
However, the applicants contend that this number is irregular, arguing that in terms of TUCOSWA’s constitution, SAPWU’s membership would only entitle it to about 11 delegates. They also claim that some of the listed delegates are currently under suspension from union activities, raising further questions about the legitimacy of their participation.
The court papers further reveal that there is an ongoing mediation process, ordered by the Industrial Court under a separate case, aimed at resolving the leadership dispute within SAPWU. The applicants argue that allowing one faction to participate in the congress would undermine this process and violate court orders.
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