The history of Swaziland Labour Law

1.   THE HISTRORY OF SWAZI LABOUR LAW – BY NATHI GUMEDE

It is difficult to proceed with issues of individual and collective Swazi Labour law without outlining the key events in the history of the Swazi Labour Movement. Though by no means comprehensive and very accurate, here are some events that have shaped Swazi Labour Law.

1937 – Wages Determining Proclamation

1947 – Trade Union Dispute Proclamation No 31 of 1942

1960 – F.C. Catchpole Commission on Labour Relations Socialization reports absence of trade unions

1962 – Pulp and Timber Worker’s Union established with Pan-Africanist influence as the first trade union; the union called the first strike the same year

1963 - Second Strike of the Pulp and Timber Worker’s Union spread into a National Strike (66,000 man hours). The National strike led to the formation of the Swaziland Democratic party and the Swaziland Progressive Party. The strike was thwarted by the First Battalion of Gordon Highlands from Kenya. Several Unions were de-registered and other unions were killed by political differences. These included the Commercial Workers’ Union and the Swaziland Railways Workers’ Union.

1964 – Swaziland Federation of Employers established

1966 – Elections won by the Swaziland National Council led by Prince Makhosini Dlamini.

1968 – Swazi National Council attempted to form a government sponsored national trade union. ILO intervened with sponsorship for 6 months course attended by Joseph Zwane in Canada and ICFTU sent representatives to facilitate democratic trade unionism.

1971- The SFTU was formed by 7 trade unions: Swaziland Miners and General Worker’s Union, Swaziland Citrus Plantations, Agricultural & Allied Workers’ Union, Amalgamated Union of Ngwane Commercial Industrial Worker’s Union, Swaziland Bank Workers’ Union, Swaziland Government Industrial Workers’ Union, Swaziland National Union of Teachers, Swaziland National Union of Civil Servants

1973 – SFTU was registered. Tripartism fell away when the King issued the 1973 Decree that removed freedom of association. Works Councils were introduced and union operations were eradicated

1975 – The Swaziland Government became a member of the ILO and ratified 15 conventions. The Tripartite Labour Advisory Board was formed. The SFTU was revived to represent workers in tripartite meetings. Swaziland National Provident Fund established.

1976 - The Swaziland National Union of Teachers was banned following the 1976 students’ strike. President of SNAT, Albert Shabangu fired and paid form contributions by teachers.

1978 – Obed Dlamini, who later became Prime Minister becomes SFTU Secretary General.

1980 – The LAB spearheaded the enactment of The Employment Act and the Industrial Relations Act to restore freedom of association for the workers. Government sought to regulate trade unionism through the 1980 labour legislation. The Industrial Court was established

1981-1982– Organization of African Trade Unions (OATU) carried out education on basic trade unionism

1983– ILO facilitated formation and registration of the following trade unions: Swaziland Agriculture and Plantation Workers’ Union, Swaziland Commercial and Allied Workers’ Union, Swaziland Union of Financial Institutions, Swaziland Manufacturing and Allied Workers’ Union, Swaziland Transport Workers’ Union.

SFTU opened an office and hired a secretary with the assistance of the Commonwealth Trade Union Council. Swaziland Union of Financial Institutions and Allied Workers established.

1985 - During Obed’s time which dated back from 1978 – 1985, the SFTU was able to push for the ratification of about 31 ILO Conventions. Jan Takesover from Obe Dlamini ans Secretary General of SFTU

1986 – ILO Committee of Experts noted discrepancies between Convention 87 and 98 and two pieces of legislation, the Industrial Relations Act 1980 and the 1973 Decree. The Industrial Relations Act 1986 was enacted.

1990s – Unions pressured companies to sign Recognition Agreements. Several companies signed Procedural Agreements with unions to manage issues of discipline, grievance, and retrenchment. Though approach failed to reduce the number of wildcat strikes, it developed trade union leaders and established a foundation for shop-floor bargaining in preparation for the post 1996 era of official collective bargaining.

1992 – The government appointed the Wiehahn Commission into industrial relations in Swaziland. The recommendations of this commission were not acceptable to the SFTU.

1993 – A mass stay-away was sparked by government’s resistance to 27 demands by the SFTU

1994 – A tripartite task force was established to look into the 27 demands. Employers could not accept most of the significant demands due to cost implications. The Swaziland Federation of Labour (SFL) was created in 1994 as a break-away union from the Swaziland Federation of Trade Unions.

1995 – Another national strike hit the country for government’s failure to adequately address the 27 demands

1996 – SFTU leaders Jan Sithole, Themba Msibi and Jabu Nxumalo arrested, shot and threatened with death.

1998 – A Bill was drafted to cater for the conflicts between the 1996 Act and the Core Conventions. The Bill also sought to establish the Conciliation Mediation and Arbitration Commission

2000 – The Industrial Relations Act of 2000 enacted without civil liability clause to comply with Generalized System of Preference status of Swaziland (GSP). Conciliation Mediation and Arbitration Commission (CMAC) established

2001-National Emergency Response Council for HIV/AIDS (NERCHA) formed.

2002 – Prime Minister states that Government would ignore Court Judgments challenging the status quo. Justice Thomas Masuku refuses to be demoted to President of the Industrial Court.

2003 – FSE & Swaziland Chamber of Commerce Merger to Federation of Employers and Chamber of Commerce (FSE&CC).

2004 – First SMART Partnership Social Dialogue.

2005 – Amendments and Labour Code. The Constitution of Swaziland Act 1/2005. Justice Dunseith appointed to be President of the Industrial Court. ILO ILSA Project and ILO USDOL Project launched for IR capacity building and HIV/AIDS workplace intervention.

2008 – Sibahle Sinje leader, Zibuse Simelane becomes SFL President.

2010- Jan Sithole left the labour movement to set up a labour consulting firm. Mduduzi Gina takes over as SFTU Secretary General

2010 –Free Primary Education Act 1/2010 enacted after pressure from workers in the case of Swaziland National Ex Miners Workers Association v The Minister of Educations et al 2668/09 (Supreme Court – May 2010.

2011 – Trade Union Congress of Swaziland (TUCOSWA) formation proposed.

2012 – TUCOSWA registered as a union federation.

HISTORICAL PERSPECTIVE COMPILED BY THE CONCILIATION MEDIATION ARBITRATION COMMISSION (CMAC).