The Trade Union Congress of Swaziland (TUCOSWA) failed to adhere to the rule of law.
These sentiments were shared by the Shiselweni Regional Administrator (RA) Themba Masuku, when explaining why the Workers’ Day celebrations did not take place at Hlatikhulu last Friday.
Masuku stated that the situation was entirely a matter of the rule of law within the country. The regional administrator explained that according to Section 6(5) of the Public Order Act 2017, he had no jurisdiction to grant permission, as Chief Bhozongo of the KoNtshingila Chiefdom was the rightful local authority.
He added that he had advised TUCOSWA to contact the chief, even providing union members with the chief’s contact details. In a letter directed to the union, Masuku wrote:
“I maintain my interpretation of Section 6(5) of the Public Order Act 2017, in that I have no jurisdiction to accede to your notice. Chief Bhozongo of the KoNtshingila Chiefdom is the rightful local authority with whom you should communicate.”
Masuku’s response followed communication from TUCOSWA in which the union quoted the same Section of the Act.
The union argued that the Act defines a local authority as a municipal council, town board, or other organ of local government established under the Urban Government Act No. 008 of 1969 or its successor.
In their letter, the union contended that they had approached the Hlatikulu Town Board and notified them of the intended gathering because the procession was set to commence within that jurisdiction.
Furthermore, they stated that in their understanding, in the absence of a defined local authority, they should approach the regional administrator.
“We could not find any other description of a local authority in any other law as it pertains to public gatherings of our intended nature,” the letter read in part.
Masuku said he had provided advice to TUCOSWA, only to find himself being dragged to court at very short notice last Friday.
He clarified that his advice simply pointed out that the union’s letter was misdirected, as the Public Order Act clearly stated that the notice must be given to the local authority, which in this case is the chief.
Masuku added that the issue centred on two jurisdictions: the town board, as the union planned to gather at the Hlatikulu Bus Rank and the KoNtshingila Chiefdom, where Hlatikulu Central High School is situated.
“The jurisdiction at Hlatikulu Central falls under Eswatini Nation Land, over which the chief has authority,” he said.
He added that anyone without ulterior motives would have taken that advice, even if provided late and issued an urgent notice to the relevant parties.
The RA mentioned that had the union questioned whether a local authority existed in Hlatikulu, they would have known the correct procedure before approaching him.
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He emphasised that Chief Bhozongo is an existing and functioning authority.
We were on point – TUCOSWA
THE Trade Union Congress of Swaziland (TUCOSWA) has maintained its stance that it followed the law correctly.
TUCOSWA Secretary General Mduduzi Gina stated that according to the Public Order Act 2017, they were required to give the local authority four days’ notice.
He noted that they wrote to the regional administrator (RA) on April 20, providing adequate notice for him to act as the local authority.
Gina said the RA only responded to their request on April 28, with only a few days remaining before the commemoration on May 1.
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“It was during that same meeting that the RA advised us and referred us to the chief,” Gina said.
He explained the union’s understanding that the spirit and intent of the law required them to approach the RA when a jurisdiction does not fall under a municipality or town board.
Gina expressed that they did not believe it was the standard arrangement for chiefs to process notices under the Public Order Act.
Following the events of Workers’ Day, Gina stated that the general council was yet to meet to reflect on the cancelled celebrations and decide on a way forward. The meeting is expected to take place before the end of the month.
