Mbabane – The Conciliation, Mediation and Arbitration Commission (CMAC) has scheduled a Labour Law Seminar on February 24, 2022 at the Happy Valley Resort. The seminar seeks to interrogate topics such as “The Industrial Relations Act Holistic Review” which will be presented by the Chairperson of CMAC, Zweli Jele.
The topic will give an overview of the ongoing Holistic Review of the Industrial Relations Act 2000 and proposed amendments. The presentation will give a summary of the changes that are being introduced to the labour market in the proposed Bill.
Another topical issue to be discussed will be “Layoff/Retrenchment during Covid-19” and this will be given by the Commissioner of Labour, Mthunzi Shabangu.
During the course of the Covid-19 pandemic, in April 2020 the government of Eswatini introduced Guidelines and Employment Contingency Measures. General Notice No. 22 of 2020. This notice restricted employers from retrenching employees during the declaration period of the partial lockdown and provided employer guidelines on layoffs. The Commissioner of Labour will present a report on the introduction and implementation of the guidelines on the labour market He will interrogate whether it achieved the desired socio-economic objectives? The presentation will also share the Department of Labour’s challenges and successes on the implementation of regulations. This presentation will help participants to reflect on the question of whether the country has sufficient mechanisms to respond to emergencies such as Covid-19 in the workplace and what the legislative and policy environment should look like.
Alex Fakudze and Mncedzi Ngomane and Carol Ngcobo will discuss “Labour Law Consultants/Brokers the Bilateral Agreements.”
The expert panel will present a research paper and explore the topics of triangular forms of employment and its implications on the employment relationship. What are the proposals for legislative amendments for and against this form of employment? The last topic for the panel will explore the practice of labour consultants in Eswatini; what is the debate for and against their representing parties at the Commission and Industrial Court, can they be regulated?
The Acting Industrial Court Judge, Velaphi Dlamini will give a talk on “Compulsory Vaccination in the Workplace – Case Law”.
Dlamini will explore the developing jurisprudence on mandatory workplace vaccination. Can vaccination be enforced in the workplace; the presentation will explore the developing case law in the region.
The final presentation will be made by attorney, Musa Sibandze on “Legal Developments on the High Court Review Powers”
Sibandze will focus on an analysis of Supreme Court judgements on the High Court’s powers to review CMAC Awards or judgements of the Industrial Court. The presenter will analyse cases such as Cashbuild Swaziland (Pty) Ltd vs Magagula (26B/2020)  SZSC 31 (09 December 2021); Swaziland Commercial and Allied Workers Union vs Lewis Stores (63/2020)  SZSC 47 (21 December 2021) and highlight the implications of declaring s.19 (5) of the Industrial Relations Act 2000 (as amended) unconstitutional. Do these decisions advance the practice of industrial relations in Eswatini? What is the conundrum?