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TUCOSWA reports government to ILO

14/04/2012 00:00:00 ZWELAKHE MOAHLOLI

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MANZINI – Deregistered TUCOSWA has reported government to various international labour organisations.

These are the International Labour Organisation (ILO), International Trade Union Confederation (ITUC) of the African Region and the Southern Africa Trade Union Coordination Council (SATUCC).

The Trade Unions Congress of Swaziland (TUCOSWA) was deregistered by government on April 2, last Monday.

In fact, the Federation received a letter from Attorney General Majahenkhaba Dlamini informing it of his advice to the Commissioner of Labour to have it deregistered.

The AG alleged that the Federation was not a trade union organisation as envisaged by the Industrial Relations Act and further that in any event, the Act does not provide for the registration of federations.

In an interview, yesterday, TUCOSWA First Deputy Secretary General Mduduzi Gina confirmed that they had sent letters to various organisations requesting for their interventions.

Part of the letter directed to regional office of the ILO, which is based in Pretoria, South Africa reads: "The Trade Unions Congress of Swaziland (TUCOSWA) hereby request your organisation to intervene by way of a mission to Swaziland in the impasse of it’s deregistration by the government of Swaziland."

In the letter, TOCUSWA relates the background on how it was formed subsequent to its registration on January 25, 2012.

The organisation also narrated about events leading to its deregistration about four months later.

The letters are accompanied by attachments such as the certificate of registration, letter from the acting Labour Commissioner formally deregistering the organisation, and a congratulatory letter from government after initially being registered.

Gina said they have received correspondence from SATUCC who were preparing a response which will be presented next week during the SADC Ministers of Labour and Social Partners meeting.

Besides reporting government to the ILO, ITUC and SATUCC, Gina said they had informed the Commonwealth Trade Union group, which is based in the United Kingdom (UK).

He said the group has responded by writing a letter to the Swazi High Commissioner in London.

Government Spokesperson Percy Simelane said: "The ILO and all the other organisations to whom our lawfulness has been reported, are at liberty to entertain lawlessness."

He pointed out that government wanted TUCOSWA to register properly and legally in accordance with the dictates of the Industrial Relations Act of 2000 so that it may be recognised as a Trade Union Congress.

...Attorney General was aggrieved

MANZINI – TUCOSWA believes that the Attorney General Majahenkaba Dlamini was aggrieved with the Commissioner of Labour’s decision to register it.

The organisation based their argument on the advice given by the AG to the Commissioner of Labour to deregister it.

In a letter addressed to the acting Commissioner of Labour, Khabo Dlamini, TUCOSWA stated that the Act provides a procedure that should be followed by aggrieved persons. It quoted Section 27 (8) which reads: "Any person who is aggrieved by the decision of the Commissioner of Labour under this section may make an application to the court for the review of that decision."

The TUCOSWA First Deputy Secretary General Mduduzi Gina said it was for the same reason they felt that their deregistration could not be issued in a willy-nilly fashion.

He added that the Commis-sioner of Labour registered the organisation after she had certified that all requirements for its registration had been complied with.

...TUCOSWA to shut down all companies

MANZINI – Following the stoppage of the protest action on Thursday, TUCOSWA has called for a total shut down.

TUCOSWA First Deputy Secretary General Mduduzi Gina explained that the shut down meant all companies where the organisation had membership will not be operational on the day of shut down.

"We are planning of having it between the end of May and June. In fact, we are looking at having it before the Geneva conference," he responded after being asked about the way forward.

Security forces stopped the protest action by workers who were expected to deliver petitions to four government ministries.

Gina said they had only wanted to deliver the petitions to the Prime Minister’s office, the ministries of Justice and Constitutional Affairs; Finance; and Labour and Social Security.

"However, government did not allow us to deliver these petitions. We are taking it as a refusal by government to tackle the issues contained in the petition.

"And now, we will move forward in terms of Section 40. We will now call for a total shut down," Gina stated.

On this particular day(s), Gina said they expected that every employee will down tools, and take to the streets.

Gina said he was not in a position to release the petitions they had intended to deliver on Thursday.

When called for comment about the shut down, government spokesperson Percy Simelane said: "If you return home with the wrong tablets for your ailment, you don’t swallow them just because they look clean, you return them and you get the right ones."

We are a legal entity - TUCOSWA
MANZINI – Despite being deregistered by government, TUCOSWA still insist that it is a legal entity.

The organisation was issued with a Certificate of Registration on January 25, 2012.

TUCOSWA’s Mduduzi Gina argued that only the Industrial Court had the exclusive power to deregister a federation.

He said the reasons for such deregistration were outlined.

In this regard, Gina quoted Section 32 (4) of the Act that partly read: "The Commissioner of Labour shall apply to court wherever the Commissioner of Labour intends to de-register a federation for non-compliance with the provisions of this section or if the Commissioner of Labour reasonably believes that the federation is wound up or sequestrated."

In view of the position of the law, Gina advised the Commissioner of Labour that the purported deregistration of TUCOSWA was without any substance supported by the Act.

"And that pending your office or any interested party, following all the due processes of the law, the Federation will continue operating as a legal entity as registered in its valid certificate issued by your office on January 25, 2012.

"Further be advised that all representatives of labour in all the tripartite legislated bodies shall be sitting representing the interests of the Trade Unions Congress of Swaziland as it is the only National Centre for organised labour in Swaziland," read part of the letter written by the organisation to the Commis-sioner of Labour.

On a general note, Gina said the attempts and wishes to de-register the Federation were not helping in improving the country’s position in its quest to address the Freedom of Association challe-nges.