MBABANE – Industrial Court Judge Abande Dlamini has revealed in a judgment that he was informed of statements allegedly indicating that a court order issued to stop a planned public transport shutdown in December 2022 would be openly defied.
The revelations are contained in a judgment dismissing an application by Swaziland Transport Communication and Allied Workers Union Secretary General Sticks Nkambule to give evidence virtually in a rescission application seeking to overturn a court order granted in December 2022.
According to the judgment, the original application was brought urgently by the Minister of Labour and Social Security during a period of civil unrest. The minister sought orders interdicting transport unions and their members from embarking on, promoting or participating in a planned strike action and public transport shutdown.
The court initially granted interim relief on December 9, 2022, before confirming the orders on December 12, 2022 after the respondents failed to appear in court despite being served.
Judge Dlamini said an interaction that took place in open court on December 12, 2022 became significant in the matter.
The judge stated that when the matter was called, none of the respondents appeared. However, labour consultant Basil Tfwala, whom the court knew from previous matters involving the union, was present in the gallery.
According to the judgment, the judge asked Tfwala whether he was representing the union. Tfwala allegedly informed the court that there had been a resolution by the banned political organisation PUDEMO not to oppose the application.
The judge further recorded that Tfwala allegedly stated that whatever orders the court issued would not be complied with and would be openly defied.
Judge Dlamini described the alleged remarks as disturbing.
He stated that he was particularly concerned that a labour consultant who regularly appeared before the courts could allegedly indicate that court orders would be ignored.
The judge said such conduct amounted to what he regarded as a direct affront to the rule of law and could undermine public confidence in the judiciary.
The judgment further records another incident that allegedly occurred on the evening of December 12, 2022.
Judge Dlamini stated that he received a call from an unknown South African number. Using the True Caller application, he later identified the caller as Zweli Martin Dlamini, editor of the online publication Swaziland News.
The judge said he deliberately chose not to answer the call.
Thereafter, he allegedly received messages from friends and relatives who sent him screenshots of a Facebook post made by Zweli Martin Dlamini.
According to the judgment, the Facebook post claimed that the editor had attempted to contact the judge regarding the final court order issued earlier that day.
Judge Dlamini stated that he interpreted the contents of the post as an attempt to convey that the respondents would not respect the court order.
The judge wrote that the editor appeared to want to know whom the court order was intended for because the respondents were allegedly not going to comply with it.
The court further noted that following the issuance of the final order, Nkambule allegedly made public statements encouraging a transport shutdown despite the court interdict.
Judge Dlamini stated that Nkambule was widely reported in traditional and online media urging members that “all engines would not be running” on the date set for the planned shutdown.
The judgment also refers to a warrant of apprehension issued against Nkambule on December 21, 2022.
According to court records cited in the judgment, police alleged that Nkambule had committed contempt of court by promoting, participating in or encouraging the public transport shutdown after the Industrial Court had prohibited it.
The warrant followed an application by Detective Inspector Mphatsi Shabangu.
Nkambule has denied receiving the original application that led to the December 2022 order and subsequently launched proceedings seeking its rescission.
However, the court held that evidence before it indicated that the respondents were aware of the proceedings and had chosen not to oppose them.
Judge Dlamini ultimately dismissed Nkambule’s application to give evidence virtually, holding that the request lacked merit.
No order as to costs was made.
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