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SUMMARY OF MENZI NKOMO VS SNA LEADERSHIP

THE MENZI NKOMO VERSUS SWAZILAND NURSES ASSOCIATION (SWADNU)  NATIONAL EXECUTIVE COMMITTEE AND OR NATIONAL OFFICE BEAERS COURT RULING 

Menzi Nkomo (SNA Member) (Above)
VS
SNA National Office bearers (Below)

                                                                                Courtesy Pictures

The ruling in the case between SNA and Menzi Nkomo was issued by the Industrial Court Judge N. Nkonyane ,sitting with S. Mvubu and G. Ginindza ,on the 31 March 2021. 


BRIEFLY ABOUT THE CASE
  
In 2019 Menzi Nkomo,a nurse stationed at Nkwene Clinic from Shiselweni region, took the leadership of the SNA to the Industrial Court because he was aggrieved that the leadership of the union was not adhering to the constitution where it comes to constitutional meetings of the union ,in particular ,the National General Council and the General Congress. Nkomo further alleged that the NEC of SNA was "was neglecting, refusing and or failing to follow the provisions of the constitution".
Comrade Nkomo's application sought to the court to the following;
  • Interdicting SNA  or anyone acting on their behalf from instituting disciplinary action against him or any other member  for launching the court process.
  • Setting aside constitutional amendments adopted by the NGC that was held on 18th March 2016.
  • Declaring the stay of the National Office Beares (NOBs) of SNA in office illegal.
  • Setting aside the SNA's decision to schedule a congress on 22-24th October 2020.
  • Directing SNA to hold the congress during a month of September as stipulated in its constitution.
  • Ordering SNA to urgently convene an urgent NGC to deliberate on congress logistics including the issue of delegates.
  • Setting aside the SNA's decision to allocate representation of delegates for all SNA branches in the congress  according to membership proportion and directing SNA to allow equal representation in the upcoming congress.
In response SNA filed their replying affidavit citing lack of urgency, doctrine of acquiescence/peremption. material non - disclosure and material dispute of facts (Courts own language).

Both parties agreed to oral evidence being led in court.
To this end a total of five witnesses were presented in court. On behalf of Cde Nkomo three witnesses were presented namely, Himself Menzi Nkomo, Thulani Mngometulu and Nelsiwe Jele. Meanwhile on behalf the  SNA NOBs witnesses were President Bheki Mamba and Wander Mkhonza (the Secretary general of ATUSWA and a guest of the 2016 General Congress).



                         Images from one of the previous SWADNU Congresses L),SNA members following court proceedings in one of their maters against the Government (R). (Courtesy Pictures)

THE JUDGEMENT

Summarily the court ruled as follows:
  • Declared that the valid constitution of SNA was the one adopted in 2011.
  • Declared that the NOBs are in office illegally, after they failed to hold a General Congress on September 2019,as stipulated by the SNA Constitution.
  • Set aside the constitutional amendments made at the NGC that was held on 18th march 2016.
  • Set aside proportional representation at the congress. Instead clause 13.1.6 of the constitution was cited which provided that ,"There shall be equal representation of regional delegates at the General Congress".
  • That the General Congress must be held within two weeks to elect NOBs and to discuss any other union business. The court further suggested that if the union wants to hold their congress early than September 2021,this congress could be in a form of an Extra Ordinary Congress since the union constitution stipulates that the regular General Congress can only be held in the month of September. The Extra ordinary Congress has the same powers as the General Congress.
  • Further, given that the country is still under strict COVID-19 regulations ,the congress can only be held upon the acquisition of a permit from the proper authorities.
  • That applicant Nkomo be granted costs of the case because all SNA members stand to benefit from his court petition.
All eyes are now on the SNA's NEC/NOBs.


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