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No May Day block – Themba Masuku

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Human Rights Lawyer Sibusiso Nhlabatsi (L) in conversation with Shiselweni Regional Administrator Themba Masuku at the Shiselweni Magistrates Court last Thursday. (File pics)
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MBABANE – Shiselweni Regional Administrator Themba Masuku has dismissed claims that he blocked Trade Union Congress of Swaziland (TUCOSWA)’s Workers’ Day celebrations in Hlatikhulu.
Masuku argues instead that TUCOSWA was ill-prepared and is now seeking public sympathy.
He further submitted that TUCOSWA failed in 17 key areas, which he said proved the federation was not prepared for the May Day event.
These claims are contained in an answering affidavit filed by Shiselweni Regional Administrator Themba Masuku at Shiselweni Magistrates Court.
Masuku, who was cited in his official capacity, stated that at no point did he prohibit the May Day event scheduled for Hlathikhulu. 
Instead, he maintained that TUCOSWA failed to follow due process and did not secure the necessary permissions from relevant authorities.
The development followed the earlier ruling by the Shiselweni Magistrates Court, which dismissed TUCOSWA’s urgent application over the matter on procedural grounds, particularly its failure to cite Chief Bhozongo of KoNtshingila Royal Kraal. In his affidavit, Masuku argued that the federation’s court action was not only misplaced but also an attempt to deflect from its own shortcomings.
“I am not opposed to the holding of the Workers’ Day celebration in terms of the law,” Masuku stated.
He added that he merely advised TUCOSWA to approach the appropriate local authority, being the KoNtshingila Royal Kraal, which has jurisdiction over the area where the event was scheduled to take place.
Masuku further argued that the application brought before court was an abuse of urgency procedures, stating that TUCOSWA had known as early as April 27, 2026 that it needed to file notice with the royal kraal but failed to act in time.
At the centre of Masuku’s argument is the claim that TUCOSWA was not adequately prepared to host an event of such magnitude.
He outlined a series of critical gaps which, according to him, demonstrated the federation’s lack of readiness.
Among these, Masuku stated that TUCOSWA failed to produce proof that Hlatikhulu Central High School had granted permission for use of its sports grounds. He further noted that there was no evidence of approval from the Hlatikhulu Town Board for the planned march.
Additionally, he highlighted the absence of coordination with key stakeholders necessary for a public gathering.
“They failed to produce proof that the police have been engaged to offer protection and to control traffic,” he stated.
Masuku also pointed out that there was no indication that emergency medical services had not been arranged, nor was there evidence of logistical preparations such as mobile toilets, food, water or entertainment.
He further noted that the federation did not present a crowd management plan, including marshals to control what he described as a potentially massive gathering.
According to Masuku, these omissions raise serious concerns about safety and compliance with the law.
“TUCOSWA seemed not to have prepared for the Workers’ Day and this application is just a stratagem to garner public sympathy,” he stated.
Masuku also questioned the timing of the federation’s actions, pointing out that correspondence to the police was dated April 15, while his office only received notice on April 23.
“I can only come to the conclusion that I was served late in order to cause confusion,” he stated.
Masuku emphasised that, in terms of the Public Order Act, the correct procedure is to first seek approval from the local authority before engaging the police.
He further clarified that his office does not have the power to authorise gatherings in areas where there is a functioning traditional authority.
“The day-to-day and immediate running of chiefdoms vests upon chiefs,” he stated, adding that KoNtshingila has an active chief who should have been approached.
Masuku also disputes claims made by TUCOSWA’s leadership, including assertions that he blocked the event.
“These are theatrical lies,” he stated in reference to allegations made in the founding affidavit.
He suggested that internal challenges within TUCOSWA may have contributed to the situation.
“TUCOSWA is deviously shifting the blame to me instead of telling the gospel truth that they have no place to hold the event due to internal squabbles,” he argued.
The regional administrator further noted that even if he had accepted the notice, the event would still not have taken place at the intended venue due to lack of authorisation from the school.
“This application is just to save face at my expense,” he told the court.
Despite his criticism, Masuku maintained that he remained supportive of Workers’ Day celebrations and was willing to assist TUCOSWA, provided that all legal requirements were met.

*Full article available on Pressreader*  

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