Mbabane – The Supreme Court of Eswatini has granted an application to consolidate two separate legal cases involving the Teaching Service Commission (TSC) and its former employee, Mbongwa Dlamini, to enhance judicial efficiency.
Chief Justice M.C.B. Maphalala delivered the judgment today, ruling that Supreme Court Case Number 76/2025 and Case Number 79/2025 will now be heard as a single matter. The court found that both cases arise from the same cause of action, Dlamini’s dismissal from the teaching service in August 2023.
The legal dispute stems from a long-running battle that began when the TSC charged Dlamini with absenteeism. Dlamini was dismissed following a disciplinary hearing that proceeded in his absence while he was attending a meeting in Botswana. Although the Industrial Court later declared his dismissal null and void, the TSC appealed that decision, leading to the current multiple proceedings.
Case Number 76/2025 relates specifically to contempt of court proceedings instituted by Dlamini against the TSC Chairman, while Case Number 79/2025 concerns the TSC’s application for leave to appeal the Industrial Court’s initial ruling.
Dlamini had opposed the consolidation, arguing that the contempt proceedings were personal to the TSC Chairman, whereas the appeal related to the functions of the Commission. However, the Chief Justice dismissed these objections, stating that consolidation is a procedural mechanism to avoid conflicting judgments and reduce legal costs.
“The cases sought to be consolidated arise from the same cause of action, and the party seeking consolidation has a material and substantive interest in the matters,” the Chief Justice noted. He further emphasized that combining the cases would avoid a “multiplicity of actions” and expedite the finalization of the labor dispute.
The court ordered that costs for the application would be “costs in the cause,” meaning they will be determined at the conclusion of the main consolidated case. The TSC was represented by Assistant Attorney General Mbuso Dlamini, while Attorney Lucky Howe appeared for the respondent.
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