SNAT takes government to court
MBABANE – The Swaziland National Association of Teachers (SNAT) has taken government to court for threatening to dismiss teachers who partook in the ‘Waya Waya’ strike action.
The teachers’ association has filed an urgent application before the High Court seeking an order interdicting government from going ahead with the threat.
It has said government was violating teachers’ constitutional rights to engage in the indefinite strike action, which they claim is lawful.
Government is yet to file responding papers.
SNAT is represented by Mandla Mkhwanazi from Mkhwanazi Attorneys. SNAT President Sibongile Mazibuko, in an affidavit, has said government was violating the teachers’ rights to engage in a strike action, by threatening to dismiss all those who had decided to engage in the strike.
She said the association had decided to file an urgent application seeking an interim order stopping government from dismissing its members, because the latter was moving at a fast pace with its threat. She claimed that the Minister of Education Wilson Ntshangase had said government had already identified 64 teachers to be fired.
"Already, some of applicants’ members have been identified for dismissal and that is imminent, such that applicant’s members are now sitting on a time bomb as it were," she said.
Mazibuko explained that if the case would be enrolled to take the normal court route, some teachers would have been dismissed by the time it is heard. She explained that the strike action undertaken by SNAT was lawful and government had been informed on time of the decision to engage in the strike.
Mazibuko said SNAT engaged in a strike action demanding a 4.5 per cent cost of living salary adjustment and salary review. She claimed that on the negotiating table between government and SNAT, they reached a deadlock on the 4.5 percent salary adjustment. She claimed that a dispute in respect of the issues was reported to the Conciliation, Mediation and Arbitration Commission (CMAC), but there was no resolution.
"The disputes, having been certified unresolved and theses disputes being on interest as opposed to disputes of right, the applicant’s members have decided to take lawful action by way of an indefinite strike action in terms of Section 85 (6) of the Industrial Relations Act, 2000," Mazibuko said.
She submitted that SNAT members had a right to participate in a lawful and protected strike action. The matter is expected to be heard tomorrow before the High Court.
‘Fired teachers will be replaced’
MBABANE – Minister of Education and Training, Wilson Ntshangase, has allegedly said the teachers to be fired would be replaced immediately.
Sibongile Mazibuko, the SNAT President, said Ntshangase told the nation on national radio yesterday.
Identified
She said Ntshangase said the teachers already identified for dismissal would be replaced by teachers who were currently out of employment."It is stated that applicant (SNAT) strongly apprehends that the respondent will carry out the threats of dismissing applicant’s members as even the honourable Minister of Education and Training was on national radio confirming that some teachers have already been identified for dismissal," she said.
‘Teachers’ rights enshrined in the Constitution’
MBABANE – SNAT members have a right enshrined in the Constitution to be teachers.
This was said by SNAT President Sibongile Mazibuko in the association’s court papers where it seeks to interdict government from dismissing teachers for engaging in strike action.
She argued that, therefore, SNAT had a clear right to be granted an interdict against government’s threat to dismiss teachers.
She further said SNAT was empowered by the Industrial Relations Act to embark on a strike action in respect of disputes that have not been resolved through the laid down procedures.
"Thirdly, it is stated that the applicant (SNAT) has a clear right to embark on a lawful strike action in terms of Section 86 of the Industrial Relations Act, 2000," Mazibuko said.
She claimed that government’s conduct amounted to injury to teachers’ rights with the threats to dismiss them for partaking in the July 25, 2012 strike action.
She claimed that government on July 27, 2012, warned teachers against embarking on the strike.
"It is further stated that the respondent, in pursuance of the warning, has allegedly suspended 18 members of the applicant and has also identified 64 more for dismissal. I state that the conduct of the respondent constitutes an injury to the applicant’s rights aforesaid," Mazibuko said.
MBABANE – The Swaziland National Association of Teachers (SNAT) has taken government to court for threatening to dismiss teachers who partook in the ‘Waya Waya’ strike action.
The teachers’ association has filed an urgent application before the High Court seeking an order interdicting government from going ahead with the threat.
It has said government was violating teachers’ constitutional rights to engage in the indefinite strike action, which they claim is lawful.
Government is yet to file responding papers.
SNAT is represented by Mandla Mkhwanazi from Mkhwanazi Attorneys. SNAT President Sibongile Mazibuko, in an affidavit, has said government was violating the teachers’ rights to engage in a strike action, by threatening to dismiss all those who had decided to engage in the strike.
She said the association had decided to file an urgent application seeking an interim order stopping government from dismissing its members, because the latter was moving at a fast pace with its threat. She claimed that the Minister of Education Wilson Ntshangase had said government had already identified 64 teachers to be fired.
"Already, some of applicants’ members have been identified for dismissal and that is imminent, such that applicant’s members are now sitting on a time bomb as it were," she said.
Mazibuko explained that if the case would be enrolled to take the normal court route, some teachers would have been dismissed by the time it is heard. She explained that the strike action undertaken by SNAT was lawful and government had been informed on time of the decision to engage in the strike.
Mazibuko said SNAT engaged in a strike action demanding a 4.5 per cent cost of living salary adjustment and salary review. She claimed that on the negotiating table between government and SNAT, they reached a deadlock on the 4.5 percent salary adjustment. She claimed that a dispute in respect of the issues was reported to the Conciliation, Mediation and Arbitration Commission (CMAC), but there was no resolution.
"The disputes, having been certified unresolved and theses disputes being on interest as opposed to disputes of right, the applicant’s members have decided to take lawful action by way of an indefinite strike action in terms of Section 85 (6) of the Industrial Relations Act, 2000," Mazibuko said.
She submitted that SNAT members had a right to participate in a lawful and protected strike action. The matter is expected to be heard tomorrow before the High Court.
‘Fired teachers will be replaced’
MBABANE – Minister of Education and Training, Wilson Ntshangase, has allegedly said the teachers to be fired would be replaced immediately.
Sibongile Mazibuko, the SNAT President, said Ntshangase told the nation on national radio yesterday.
Identified
She said Ntshangase said the teachers already identified for dismissal would be replaced by teachers who were currently out of employment."It is stated that applicant (SNAT) strongly apprehends that the respondent will carry out the threats of dismissing applicant’s members as even the honourable Minister of Education and Training was on national radio confirming that some teachers have already been identified for dismissal," she said.
‘Teachers’ rights enshrined in the Constitution’
MBABANE – SNAT members have a right enshrined in the Constitution to be teachers.
This was said by SNAT President Sibongile Mazibuko in the association’s court papers where it seeks to interdict government from dismissing teachers for engaging in strike action.
She argued that, therefore, SNAT had a clear right to be granted an interdict against government’s threat to dismiss teachers.
She further said SNAT was empowered by the Industrial Relations Act to embark on a strike action in respect of disputes that have not been resolved through the laid down procedures.
"Thirdly, it is stated that the applicant (SNAT) has a clear right to embark on a lawful strike action in terms of Section 86 of the Industrial Relations Act, 2000," Mazibuko said.
She claimed that government’s conduct amounted to injury to teachers’ rights with the threats to dismiss them for partaking in the July 25, 2012 strike action.
She claimed that government on July 27, 2012, warned teachers against embarking on the strike.
"It is further stated that the respondent, in pursuance of the warning, has allegedly suspended 18 members of the applicant and has also identified 64 more for dismissal. I state that the conduct of the respondent constitutes an injury to the applicant’s rights aforesaid," Mazibuko said.
COMMENT:
Government has no value of education that is why at this time of the year abona kutsi angafaka an inexperienced teacher babe bantfwana sebaluze kangaka especially those who will be writing external exams. Lohulumende ubona nje kutsi kuvuleka ematfuba emsebenti kutsi bantfwana batawuchubeka njani its none of their business.December 8, 2011, 1:00 am, td dlamini (td@yahoo.com)
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