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Govt de-registers TUCOSWA

07/04/2012 00:00:00 ZWELAKHE MOAHLOLI

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MANZINI – The Trade Union Congress of Swaziland (TUCOSWA) has been de-registered by government in a move widely seen as an attempt to silence the organisation ahead of its planned April 12 protest action.

Swazi News can reveal that the trade union was de-registered on Monday. TUCOSWA was born out of the amalgamation of the then Swaziland Federation of Labour (SFL) and the Swaziland Federation of Trade Unions (SFTU) and subse-quently joined by the Swaziland Na-tional Associa-tion of Teachers (SNAT).

According to documents in our posse-ssion, the Attorney General (AG) advised the Commissioner of Labour that TUCOSWA was impro-perly registered. This is further confirmed in a letter dated April 2, 2012, written by the AG, Majahenkaba Dlamini which was addressed to the secretary general of the organisation.

The AG in the letter stated that it had come to his attention that the Commissioner of Labour registered the Trade Union Congress of Swaziland as a federation under Sec-tion 27 of the Indus-trial Relations Act, 2000. "Be advised that a proper reading of Sec-tion 27 and 29 of the Industrial Act reveals that your entity/federation was erroneously registered by reason that the provisions relate only to registration of organisations," he stated.

Dlamini further explains that in terms of Section 2 which was the interpretation section of the Act, ‘organisation’ was defined to mean ‘a trade union, staff association or employers association in good standing as the context may require.

"This means therefore, that Section 27 even by any stretch of imagination cannot accommodate the registration of federations but only registration of organisations. The Trade Union Congress of Swaziland not being an organisation in terms of the Act cannot therefore be registered under Section 27 as an organisation which it is not," elaborated the AG in his letter.

TUCOSWA First Deputy Secretary General Mduduzi Gina said this observation by the government was a total somersault as the defunct national centres were registered in terms of the Industrial Relations Act and that all the business federations, the Federation of Swaziland Employers and Chamber of Commerce (FSE&CC) and Fe-deration of Swaziland Business Community (FESBC) were regis-tered under the same Act.

Gina also pointed out that another contradiction, was that upon registration government welcomed and congratulated TUCOSWA for its formation as per a letter written by the Minister of Labour and Social Security, Lutfo Dlamini. The minister is said to have written the letter on March 16, 2012. In the letter, the minister states that the formation of TUCOSWA was a positive develop-ment and advacement of the union movement, chiefly because it was easy to work with a united front as opposed to a fragmented workforce.

Dlamini urged the organisation to be united, and come up with strategies and ideas that will promote employ-ment creation, decent work, effective social dialogue and extension of social security coverage in the world of work. He pointed out that the end result of the current position was that there was no national centre now recog-nised by the Government of Swazi-land and all tripartite structures had come to a halt.

When asked to comment on the latest development Government Press Secretary, Percy Simelane said, "For this one we will play our cards close to our chest and cross every bridge when we come to them,"

De-registered for 2013 boycott statement

MANZINI – It may seem the federation has been ‘banned’ for its statement in the media that it will destabilise the national elections, next year.

During its Founding Congress held on March 9 to March 11 at Esibayeni Lodge, TUCOSWA took the resolution to cause for a total boycott of the natonal elections.

The resolution reads: "the current system of governance in Swaziland is one that is undemocratic, repressive and dictatorial and that the federation, shall cause for a total boycott of the national elections in 2013 unless the elections are held under a multiparty system".

Following the media publication of this resolution, on March 16, 2012 the Commissioner of Labour wrote to the federation and demanded confir-mation or otherwise of the said resolution. In her letter to TUCOSWA, the acting Commissioner of Labour Khabo Dlamini described resolution as taking a ‘purely political’ stance on the issues affecting the federation, much against the provisions of the Industrial Relations Act, 2000.

Part of her letter read: "Our understanding is that TUCOSWA is regstered as a Worker Federation and its objectives would be in line with the ideals expressed in clauses 1 and 3 of the Resolution of 1952 concerning the independence of the trade union movement and the Industral Relations Act, 2000 (as amended). The clause clearly demonstrates that the core and fundamental mission of a trade union is economic and social advancement of its members.

"The Commissioner of Labour wishes to express her shock and dismay at the sudden change of the objectives for which TUCOSWA was registered. We view this as a serious mispresentation of facts, which were material and influenced the commissioner in granting registration of the federation."

She gave the federation seven days to respond. TUCOSWA’s Mduduzi Gina explained that on April 5 they were supposed to meet with the commissioner to discuss the matter. However, to their surprise, Gina said they received a letter from the AG informing them of his advice to the commissioner of the de-registration of the federation.