MAGISTRATES COURTS E1m‡’Žw‘›‡‡hƒ”i”l‡•e–‡†aˆ‘t” †h”‹oǦ†m”‹˜‹e‰
MANZINI - Driving negligently while under the influence of alcohol resulted in the apprehension of an employee of the Eswatini Meteorological Service.
1hlanhla /ucNy Sigudla ( 5) of Sidwashini was apprehended last )riday at the Remand Traffic lights while driving a VW sedan registered 8S' 51 %M. Sigudla appeared Eefore Man]ini Acting Magistrate Thamsanqa 1dlovu where he faced two counts under the Road Traffic Act.
In count one, the accused is said to have unlawfully driven the aforementioned motor vehicle on the said puElic road while under the
course on the Easis that Ey then, the hearing which has Eeen commenced with unfairly already, and which I seeN to have corrected to Ee fair on my side, would have long Eeen completed.´
In response, Muir said 1xumalo seemed not to understand that while the employer¶s disciplinary code permitted consultation (soliciting the views and opinions) of the accused employee in the choice of an external disciplinary hearing chairperson, the ultimate decision-maNing power on appointment of a chairperson rested with the employer and was within the prerogative of the employer.
³In this case, the applicants (1xumalo and S8)IAW) were fully consulted Eefore the present chairperson was appointed and they fully participated in the consultations.
³The first respondent ultimately made the decision to appoint one attorney from the pool of three attorneys who had Eeen communicated to the applicants. There is nothing wrong or irregular aEout that and even if this matter influence of intoxicating liquor. In the second count, the accused reportedly drove recNlessly and thus contravened the Road Traffic Act. It was mentioned that he failed to Neep left.
pleaded
+e pleaded guilty to Eoth counts. In mitigation, the accused pleaded for a lenient sentence. +e said he was a first-time offender and employed as a meteorologist. The accused disclosed that he had eight children and was unmarried. +e was sentenced to 10 months imprisonment or to pay a fine of E1 000 in the first count, and five months imprisonment with an option to pay a fine of E500 in the second count.
was to Ee argued on the merits in due course, the applicants cannot succeed in the review Eecause they do not have a case. Consultation, I am advised, does not pre-suppose that the two parties must reach an agreement as is the case in negotiations,´ said Muir.
She added that, therefore, if the applicants thought that the consultations on the choice of a chairperson ought to have resulted to an agreement, they are wrong.
Intention
The applicants, according to Muir, were, therefore, coming to this court in this matter in a mala fide manner and the intention was clearly not to protect a right that the applicants may have, Eut it was to frustrate the well-instituted disciplinary hearing in the worNplace and to ensure that 1xumalo continued to Ee on suspension on full pay for as long as she can. The matter will Ee heard on Wednesday.
The applicants are represented Ey Maame /uNhele of M/. 1dlangamandla Attorneys.