Mbabane – The Industrial court has ordered the release of a Lenovo laptop belonging to Kukhanya Construction and Civil Engineering (Pty) Ltd after the company challenged a Small Claims Court decision that led to the attachment of the device.
The order was granted on Thursday, October 22, 2026, following an urgent application by the construction company against the Commissioner of the Small Claims Court in Manzini, the Messenger of Court and Thembinkosi Jele.
The company argued that the laptop contained confidential information and trade secrets that could fall into the hands of competitors if it remained attached.
In the interim order, the court stayed the operation of the Small Claims Court order issued on September 10, 2026, and directed the release of the laptop to the company.
The matter is scheduled to return to court on November 5, 2026, while the parties are expected to meet during the week of October 26 to 30 at Robinson Bertram Attorneys in Mbabane in an effort to resolve the dispute out of court.
The application arose from a dispute between Kukhanya Construction and Jele over drainage construction works undertaken at Mafutseni in 2024.
According to an affidavit filed by the company’s Business Development Officer, Nosifiso Mabuza, Jele had been engaged as an independent service provider to carry out the labour for the drainage works, while the company supplied the required materials.
Mabuza alleged that the completed drainage works had visible cracks and were not of an acceptable standard. She said the company subsequently sought the services of another contractor to rectify and complete the work, with the replacement contractor quoting more than E120,000.
The company claimed that it presented photographs of the alleged defects and documents relating to the rectification costs during the Small Claims Court proceedings. However, it alleged that the commissioner failed to consider this evidence and proceeded with the hearing despite being informed that the company’s site manager, Thembela Dube, was unavailable to testify.
The company further argued that it had not received written reasons for the decision and only became aware of the order when the Messenger of Court arrived at its premises on October 19, 2026, with a warrant of execution and attached the laptop.
According to the founding affidavit, the Small Claims Court had ordered the company to pay Jele E19,899.50.
Kukhanya Construction asked the Industrial court to review and set aside the September 10 decision and remit the matter to the Small Claims Court to be heard by a different commissioner.
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