Mbabane: SNAT President Mbongwa Dlamini will be in court at six o’clock tonight to fight attempts by government to prevent him from returning to work.
SNAT is an abbreviation for local teachers’ union, the Swaziland National Association of Teachers which has filed an urgent application at the High Court seeking an order to interdict the unionist from returning to his duty station at Moyeni High School where he was employed as a teacher.
Dlamini was mandated by the Industrial Court to go ahead and resume his duties as a teacher at Moyeni High School on Thursday, March 22, 2024 after it declared his removal from work null and void.
Following the court victory, Dlamini returned to work on the following day, on Friday, where he was welcomed by his supervisor, the school principal.
His return to work was not without any drama because along his journey to the school he was joined by police officers who escorted him to the place.
Dlamini was traveling alongside the Secretary General of the trade union, Lot Vilakati, who drove him to the school.
This transpired at the Industrial Court, where Dlamini is fighting back an urgent application filed by his employer, the Teaching Service Commission (TSC), where the government entity is seeking conjunctive order barring the union leader from returning to the school.
In the application, the TSC claims that Dlamini’s return to the school might cause disruption to its operation, allegedly because he was expected to be accompanied by union members who are his supporters.
The teachers’ employing body alleges that on Friday when Dlamini attempted to return to work, there was disruption to the learning process at the school and that such may persist if the unionist is allowed to go back and teach.
However, this was disputed by the unionist who said the claim by the employing body lacked the truth.
“The applicants submit that the Respondent will cause disruption at the school if he were to return, but do not describe the kind of disruption he is likely to cause. The applicant has relied on the affidavit of a person who has no knowledge of what transpired on March 22, 2024 at the school. There was no disruption at all, the police officer (namely Muzikayifani Michael Dlamini and another), were there and they thanked the respondent for his return without an incident,” argued Dlamini.
Dlamini made these claims in his answering affidavit, where he is urging the court to quash the move by government to prevent him from returning to work.
The answering affidavit was handed to court in the morning where the presiding judge Manene Thwala asked to be given some time to scrutinize the court papers, before he could allow the matter to be argued. In the court papers, Dlamini raised some preliminary points where he is seeking to boot out the private law firm representing government from the trial.
The judicial officer rescheduled the matter to 6pm, where the parties are likely to proceed with arguments given that the matter was brought to court under a certificate of urgency.
A decision to be taken by the judge is likely to see a return to something like normal business for the trade unionist who is looking forward to a return to his place of employment, following the order which was issued by the same court last week. Government is challenging the decision though.
In the matter before court the trade unionist is represented by Mbabane prominent lawyer Lucky Howe, while government is being represented by lawyers from Mbabane law firm Robinsom Bertram.
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