ACASWA end of year mu­sic projects frozen- Mzwakhe

Observer on Saturday - - News -

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.

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