HIGH COURT – The High Court has dismissed an application by Swaziland National Association of Teachers (SNAT) President Mbongwa Dlamini to have Teaching Service Commission (TSC) Chairman Amos Mahlalela jailed for contempt of court.
Judge Zonke Magagula handed down the ruling yesterday, finding that the application could not proceed because the TSC had already noted an appeal against an earlier judgment that Dlamini sought to enforce.
Dlamini had asked the court to commit Mahlalela to 30 days’ imprisonment, accusing him of blatantly defying a November 18, 2024 court order directing the TSC to reinstate him to his teaching post at Moyeni High School.
The reinstatement order followed multiple rulings that found Dlamini’s August 2023 dismissal unlawful and procedurally flawed.
During proceedings, Judge Magagula allowed both sides to present arguments. The TSC, represented by Assistant Attorney General Mbuso Simelane, raised preliminary points — including the court’s jurisdiction — on the grounds that an appeal had already been filed.
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The judge agreed, citing the established legal principle that the noting of an appeal automatically suspends the execution of a judgment. He added that it was in the interest of justice that the earlier ruling’s execution be stayed pending the appeal.
The ruling effectively shields the TSC chairman from immediate imprisonment, though the underlying labour dispute remains unresolved.
The contempt application stemmed from Dlamini’s long-running battle with the TSC following his dismissal on August 29, 2023, for allegedly engaging in trade-union activities during working hours.
The Industrial Court had earlier declared his dismissal null and void, ruling that the disciplinary hearing held in his absence was procedurally unfair and violated his right to representation.
That decision was later upheld by the High Court, after the TSC’s unsuccessful attempt to review the Industrial Court’s judgment.
However, despite the court’s findings, Dlamini was reportedly denied entry to the school and prevented from signing the attendance register. The headteacher allegedly cited lack of instruction from the TSC authorising his return.
This prompted Dlamini, represented by lawyer Lucky Howe, to approach the High Court again, this time seeking to have Mahlalela committed to prison for contempt.
