ACASWA end of year music projects frozen- Mzwakhe
he Chief Executive Officer (CEO) for Eswatini National Council of Arts and Culture Stanley Dlamini has been ordered not to dare interfere with affairs of the Association of Christian Artists in Swaziland (ACASWA).
Dlamini has also been interdicted from contacting individual members of ACASWA and persuading them to resign from the association or persuading them to recognise him as a sole person in charge of ACASWA.
The orders were yesterday issued by High Court Judge Mzwandile Fakudze following an application filed by ACASWA under a certificate of urgency.
Further, Justice Fakudze set aside the CEO’s decision to dissolve the ACASWA executive committee as the CEO was acting
In fact, Justice Fakudze granted the applicant (ACASWA) prayers one to
Tyeni further submitted in his affidavit that as a result of the alleged interference by Dlamini, end of the year 2018 programmes have been frustrated and frozen.
He stated that the programmes had been scheduled for the months of October and November as they have been frustrated by the interference since the executive committee, which has the mandate to pursue these projects, has been ousted by Dlamini.
Msix which they had sought and further ordered that the CEO be interdicted from holding a proposed meeting he wanted to have with individual members of ACASWA on October 13 and any other meeting which he might intend to hold with ACASWA members. On the fifth prayer, Justice Fakudze declared that the decision made by the CEO to dissolve the executive of ACASWA is unlawful interference with the affairs of the applicant by first respondent and that same offends the audialterma principle and has been ordered to pay costs of the application.
Represented by Manzini based lawyer Khumbulani Msibi of Dlamini, Kunene and Associates law firm, ACASWA, through its President Mzwakhe Myeni, submitted that the purpose of the application is to set aside Dlamini’s decision as unlawful
“Third parties that were contacted to partake in ACASWA’s end of year musical projects are also frustrated.
The whole association has been rendered dysfunctional by the unilateral decision made by Dlamini to dissolve the executive committee,” Myeni submitted. He further mentioned that the respondent (Dlamini) is allegedly currently in a campaign of calling ACASWA members individually, telling them to resign from ACASWA and intimidates them by informing because he allegedly acted
the powers of the department of Arts and Culture.
Myeni submitted in his affidavit that ACASWA is a voluntary association which is not for gain established by its members in terms of the laws of the Kingdom of Eswatini.
He submitted that as an organisation, mandated by their constitution, they engage with the respondent in terms of article 11.1 of their constitution, in forging their working relationship with the Arts and Culture Department under the ministry of sports and culture.
Myeni told the court in his affidavit that on September 13, ACASWA received a letter from the CEO which was directed to him (Myeni) as president to the effect that he, together with his executive committee, are barred from convening any meetings purported to be for ACASWA members.
“This was a drastic turn of events and surprise to us as we have not received any court order nor court process wherein our mandate to represent the applicant (ACASWA) was challenged. The respondent does not have supervisory powers over ACASWA to oust our executive committee duly elected by the membership. Dlamini texted me a WhatsApp message and in a rude manner told
me that he dumped them to directly deal with them instead of the executive committee. Myeni said they cannot convene a meeting for ACASWA members as they have been intimidated by the respondent as some members have even served the executive with resignation letters succumbing to the alleged threats and intimidation by the respondent arguing that the executive, members are in a state of confusion and uncertainty hence the present application before court. a letter I wrote to him in a dustbin,” Myeni alleged.
He further stated in his affidavit that the respondent of late is calling ACASWA members, inviting them to a meeting scheduled for October 13, which he would personally chair and advised members to resign from ACASWA.
He argued that ACASWA was not consulted before the respondent (Dlamini) took a decision to dissolve the executive committee.
There being no appearance for the respondent, the court granted the applicant prayers one to six as prayed for in their notice of motion.
STAY AWAY: CEO for Eswatini National Council of Arts and Culture Stanley Dlamini.