–‡‰”‹–› ‘ˆ „ƒ”‰ƒ‹‹‰ ƒ…Š‹‡”› ˜‹‘Žƒ–‡†ǡ •—„˜‡”•‹˜‡ Ǧ
MBABANE – “The integrity of the bargaining machinery has through the conduct of government and Eswatini Principals Association been violated and is subversive.”
This was one of the submissions made by Secretary of the Swaziland National Nurses Association (SNA) Mayibongwe Masangane, in the matter where public sector unions want the court to stop government from paying the three per cent costof-living adjustment (CoLA) to head teachers.
Applicants in the matter are the Swaziland National Association of Teachers (SNAT) National Public Service and Allied Workers Union (NAPSAWU), Swaziland National Association of Government Accounting Personnel (SNAGAP) and the Swaziland Nurses Association (SNA).
Respondent
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.
In his confirmatory affidavit, Masangane averred that the nurses association was immensely prejudiced and felt stripped of its bargaining power now that government had allegedly breached the JNF constitution by establishing another negotiation platform.
“The integrity of the bargaining machinery has been violated. The conduct simply promotes confusion, division and hostility in the bargaining process,” argued Masangane.
Also to depose to a confirmatory affidavit was NAPSAWU Secretary General, Thulani Hlatshwayo who told the court that the union was aligning itself with the submissions of all the applicants in the mater.
The applicants want the Industrial Court to stay the operation of the collective agreement entered into between EPA and the government on June 27, 2022, together with Circular No.1 of 2022. It is further their (applicants’) plea to the court that government should be directed to cease forthwith from effecting any payments in terms of the agreement between the parties.
The public sector unions (PSUs) 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.
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.
Agenda
In his founding affidavit SNAT Secretary General, Sikelela Dlamini narrated to the court that in April 2022, the Joint Negotiations Forum (JNF) convened, to set the agenda and to commence negotiations for 2022/2023. According to Dlamini, the parties could not reach a common ground in particular on the agenda for the negotiations.
“Pursuant to not reaching a common ground on the agenda, government representatives stated that, since they are not in agreement, they will negotiate with head teachers (EPA),” submitted the secretary general.
He went on to tell the court that pursuant to the meeting, the second respondent (NAPSAWU) wrote to the chairperson of the JNF expressing their discontent and disapproval of government’s action of abandoning the table ( JNF) to commence negotiations which were of common interest with a third party ( EPA). According to Dlamini EPA was not part of the JNF and its interest was questionable.