EPA used underhanded tactics in CoLA talks – SNAT
MBABANE – SNAT says its investigations have uncovered that EPA employed underhand tactics when bargaining for the three per cent cost-of-living adjustment (CoLA) with government.
The Swaziland National Association of Teachers (SNAT), Secretary General, Sikelela Dlamini, alleged that the Eswatini Principals Association (EPA) deceived government that some members of the teachers’ association belonged to the principals’ association, in order to improve its chances of being awarded the CoLA.
In papers annexed to the urgent application filed by public sector associations (PSAs) in the Industrial Court to stop the implementation of the CoLA, SNAT alleged that EPAhad since requested the head teachers who were members of SNAT to resign from the latter.
Membership
The PSAs have disputed the collective agreement between the Ministry of Public Service and EPA on the three per cent CoLA on the grounds that principals’ association does not have the membership capacity to be recognised by government as an association to negotiate head teachers’ salaries.
In the matter, an application was filed by SNAT, National Public Service and Allied Workers Union (NAPSAWU), Swaziland National Association of Government Accounting Personnel (SNAGAP) and Swaziland Nurses Association (SNA) at the Industrial Court against the implementation of three per cent CoLA agreed upon by EPA and the ministry.
Eswatini Principals Association (EPA) is the first respondent in the matter while the Ministry of Public Service has been cited as the second respondent. Other respondents are the Ministry of Labour and Social Security, secretary to Cabinet and the Department of Treasury.
An affidavit deposed to by the SNAT secretary general with supporting affidavits deposed to by the secretary generals from the three other associations was also attached to the application.
In the application, the associations want a stay forthwith of the implementation of the collective agreement entered into by and between EPA and government on June 27, 2022.
They further prayed that the Department of Treasury should cease to effect any payments in terms of the agreement between the first respondent, EPA and second respondent, Ministry of Public Service.
“Compelling forthwith the first respondent jointly and or severally with other respondents to file in court the list or the names of the membership of the first respondent that was exhibited or counted for purposes of the recognition of first respondent (EPA) by the Government of the Kingdom of Eawatini,” reads in part the application.
The applicants questioned the authenticity of EPA’s membership. Claiming that after the announcement of the agreement with government, the PSAs conducted a data check of its membership against the membership of SNAT, which revealed damning findings.
“The discovery established upon review of the membership data was disquieting, in that, some of the first applicant’s (SNAT’s) members consisted mainly of a huge fraction of the membership of the first respondent (EPA).” They further purported that this meant that the members of SNAT were exhibited as EPA’s own by the head teachers’ association when applying for recognition by government.
Sector
The PSAs claimed that EPA exhibited 246 members or that it has 246 members in the teaching sector and out of that number, only 106 of those members were not members of SNAT, the rest were members of the teachers’ association.
The PSAs in their application, further said they would point out the names of the members who were paraded by EPA as theirs, during the hearing in court of this matter.
“The above in essence means that the first respondent (EPA) was not supposed to be recognised by government due to that it never met the 50 plus one per cent threshold set by the statutes for recognition by an employer. Its membership was not as exhibited by the association when it was recognised by government,” further read the application.
According to the applicants, this meant that EPA’s negotiations with government and any agreements reached by and between the parties together with circulars issued as a result of agreements reached are a nullity and have no lawful effect nor force.
The PSAs further annexed resignation letters from SNAT members who have since acquired membership at EPA and the dates in which these resignations transpired, which was within the month of July this year.
Discovery
“To fortify that the discovery is correct, the first respondent upon learning of it, then issued a letter to its membership that, those who are the first applicant’s (SNAT’s) members should tender their membership resignations. Some members have indeed acted in terms of that letter,” stated the PSAs.
It was submitted that SNAT and the other PSAs had prima facie right to seek both interdict and declaratory orders on the basis that the first applicant (SNAT) has allegedly had its membership utilised by EPA without their consent, in order to gain recognition.
“Which they were not supposed to be granted due to that they never met the required threshold for being recognised. Had it not been that membership of the first applicant was paraded by EPA when seeking recognition, they would otherwise have never been recognised.”
The PSAs, in the application, said in terms of the recognition agreement of SNAT, it was only them who reserved the soled right to negotiate for all teachers.
It was further stated that this should be reason enough for the collective agreement between EPA and the Ministry of Public Service to be stayed.
“The balance of convenience herein does warrant that, since prima facie case and right has been established for the challenge of the recognition of the first respondent (EPA) by government, due to that for its parading of members of other unions in order to gain recognition, the stay of the operation of the collective agreement entered into by the first respondent and the Circular No.1 of 2022 ought to be granted pending final determination of this matted,” further reads the application.
Attached to the application were resignation letters from former SNAT members including Wendy Sibonga Mavuso, whose resignation was filed July 20, 2022, Lizzy Manyatsi filed July 21, 2022, Banjwayini Shongwe’s resignation filed July 22,2022, Malco Simelane filed July 24, 2022, among others.
Annexed in the application is a five page list of members of SNAT whose membership is since under question.
Meanwhile, the PSAs are further praying for an order compelling EPA and the other respondents to file in court, the list or names of its membership that was exhibited or counted for purposes of the recognition agreement.
Recognition
They also implored the court to declare the recognition agreement between EPA and the government to be unlawful and of no legal force. Lastly they want the court to declare that all agreements or negotiations by and between EPA, inclusive of the collective agreement on three per cent CoLA and Circular No.1 of 2022 to be unlawful and of no force or effect legally.
The matter is still pending in court and the respondents are yet to file their papers. The public sector unions are represented by Meluleki Ndlangamandla of MLK Attorneys.