MBABANE – The Industrial Court has dismissed an application by Swaziland Transport Communication and Allied Workers Union Secretary General Sticks Nkambule to give evidence virtually in proceedings seeking to rescind a 2022 court order, with Judge Abande Dlamini finding that the request appeared aimed at avoiding accountability.
The ruling forms part of a long-running dispute arising from a December 2022 application by the Minister of Labour and Social Security to stop a planned public transport shutdown.
The minister successfully obtained an interim order on December 9, 2022 and a final order on December 12, 2022 after the respondents failed to appear in court.
Several months later, Nkambule and the union launched an application seeking to have the order rescinded.
In his rescission application, Nkambule argued that he had never been served with the original application and only became aware of the court order through newspaper reports.
He further claimed that he later learnt through media reports that a warrant of arrest had been issued against him.
The court, however, noted that service returns prepared by Deputy Sheriff Silence Gamedze indicated that Nkambule had accepted service of the court order in his capacity as Secretary General of the union at the union’s offices in Manzini.
Judge Dlamini stated that the court wanted Nkambule to personally appear before it to answer questions relating to service of court documents and what actions he took after becoming aware of the proceedings.
As a result, on August 10, 2023, the court ordered Nkambule to personally appear and give oral evidence.
The Deputy Sheriff who served the documents was also ordered to appear.
Instead of appearing before court, Nkambule subsequently applied to give his evidence virtually.
In support of the application, he stated that there would be no prejudice to any party if he testified remotely and argued that the court had other means of obtaining his evidence.
He also referred to alleged threats to his life and claimed armed police officers had searched for him.
Judge Dlamini rejected the application.
The judge noted that the court order directing Nkambule to appear personally was clear and required no interpretation.
He further referred to a newspaper article published in the Times of Eswatini on August 14, 2023 in which Nkambule was reportedly quoted as saying he would not comply with the court’s directive to appear physically.
According to the judgment, Nkambule was reported as saying that the court could not tell him how to conduct his defence and that he would not make a physical appearance.
Judge Dlamini described the allegations as serious and stated that Nkambule needed to appear before court to explain them.
The judge stated that by failing to appear as directed and instead bringing an application for virtual testimony, Nkambule was seeking relief from a court whose order he had allegedly ignored.
The judgment also refers to an existing warrant of apprehension issued against Nkambule in December 2022 following allegations of contempt of court.
Judge Dlamini said court records indicated that police were investigating allegations that Nkambule promoted or encouraged a public transport shutdown after the Industrial Court had prohibited it.
The judge stated that from the court’s perspective, Nkambule appeared to be attempting to use virtual proceedings to avoid accountability.
According to the judgment, the court formed the view that Nkambule wanted to appear remotely without subjecting himself to the active warrant of arrest referred to in the proceedings.
The court also questioned the reliability of unnamed individuals who allegedly informed Nkambule about threats to his life, noting that he had not identified them.
Judge Dlamini concluded that the application for virtual testimony was without merit.
“The Court ineluctably concludes that the application by 1st Applicant, Mr. Sticks Nkambule, that this Court takes his evidence virtually, or by any other platform, is without merit and it is accordingly dismissed,” reads the judgment.
The court made no order as to costs
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