The Industrial Court of Eswatini on 21st March 2024 ruled that the decision to dismiss the President of the Swaziland National Association of Teachers (SNAT) was null and void. The presiding Judge in the matter Manene M. Thwala ruled that the chairperson of the Teaching Service Commission (TSC) disciplinary hearing had "failed to exercise his discretion judicially" when they disregarded President Mbongwa's lawyer Lucky Howe's request for a postponement of the hearing. It had been argued that Mr Lucky Howe had requested a postponement of the matter when he faced indisposition due to an unfortunate bereavement of a close family member who resided in South Africa during the course of the hearing in August 2023.
The TSC disciplinary committee chairperson had however ruled to continue to conduct the hearing despite the request for postponement. The TSC shortly thereafter then issued a verdict against President Mbongwa and to dismiss him from work on the 23rd of August 2023.
Speeches outside court
In the aftermath of the court delivering the verdict the SNAT held an impromptu briefing outside industrial court in Mbabane where President Mbongwa expressed that he was a forgiving person and so he forgave the TSC personnel like TSC Chairperson Amos Mahlalela and Schools Manager Mr Nhlengethwa. He added that because the law has no emotions it is expected that a new chapter will be turned in working together with the Eswatini government on all outstanding issues including the Performance Management System (PMS) issue. The President also called for unity in the labour movement ," We must guard against some elements within the labour movement who speak the language but are planted by the enemy inside the labour movement".
Public service trade union NAPSAWU's Deputy President Dumisani Nkuna also addressed the gathering and thanked the Industrial Court judge for restoring the credibility of the justice system of the country since these days cases are always ruled against trade unionists. He further appealed for more unity than ever before to fight issues such as the PMS that the government is adamant to implement. He likened the implementation of the PMS by the government to someone wearing their pants before putting on underwear.
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