Junior officers have right to freedom of association – lawyer
MBABANE – “Junior police and Correctional officers have a right to freedom of association.” This was said by their lawyer, Thabiso Mavuso of Motsa Mavuso Attorneys, on Friday when the junior officers returned to the High Court after their bosses rushed to court at night to stop their march on Tuesday.
The officers previously delivered petitions to Cabinet and other government ministries. They were to march again on Tuesday to Cabinet for an update on the issues they had raised.
At around 2am on Tuesday, Judge Nkosinathi Maseko issued an interim order stopping the march. The matter returned to court yesterday.
Mavuso filed a notice of intention to oppose the application filed by the National Commissioner (NATCOM) of Police, William Tsitsibala Dlamini and His Majesty’s Correctional Services (HMCS) Commissioner General (COMGEN) Phindile Dlamini.
Mavuso told the court that he would file an answering affidavit on behalf of the junior officers next Wednesday. In the answering papers, said Mavuso, they would raise constitutional issues, which include the junior officers’ right to freedom of association. He told the court that his clients were entitled to this right.
As a result, Mavuso said the constitutional issues would be dealt with by a full bench (panel of three judges) of the High Court.
Principal Crown Counsel Vikinduku Manana said he would file a replying affidavit next Friday. Judge Maseko postponed the matter to
November 1, 2022.
Present in court were a number of junior officers, including the Secretary General of the Royal eswatini Police Service (REPS) Police Staff Association Sergeant Dumsile Khumalo, Royal Eswatini.
Respondents in the matter were REPS Staff Association and HMCS Staff Association.
In motivating their application, Phindile and William informed the court that the march compromised national security and if it continued unabated it would put the lives of emaSwati at risk. It was further their contention that the respondents were members of the country’s security forces and they fell under the essential services category.
LIVES IN DANGER
“The matter is urgent because the lives of emaSwati are in danger should the march be permitted as planned. The intended march by members of the respondent compromises national security and if it goes unabated it will put lives of emaSwati at risk,” submitted the duo.
They averred that this action was meant to undermine the rule of law and was calculated to bring the good name of disciplined forces into disrepute, which would cause citizens of the country to lose confidence in the security forces.
“It is apparent that the harm to be occasioned