GOVT DOESN’T RESPECT COURT ORDERS – SNAT

MBABANE – Government is accused of having adopted the ‘what will they do’ attitude towards the court.

This was the response of the Swaziland National Association of Teachers (SNAT) in the application filed by government to stay the execution of the judgment of the Industrial Court which ruled in favour of the heads of department (HODs) of schools.

Government argued that placing HODs at grade E1 will be in contrary to the collective agreement as it will exceed the E850 million.
In his replying affidavit, SNAT Secretary General Zwelithi Mndzebele, argued that government had not complied with the order and this clearly showed that it had no regard for court orders.

“No lawful reason and or justification had been given by them (government) which can be a legally acceptable reason for the conduct. It is total disregard for the orders of the court and the rule of law, which is the measure of the country’s standing internationally,” contended Mndzebele.
He further highlighted that the Minister of Public Service, Owen Nxumalo, was delegated in terms of the  Constitution and had to perform his obligations to the nation and must comply with the court order.

The secretary general told the court that no reason or explanation had been given by the minister and the Principal Secretary (PS) Evart Madlopha for not complying with the court order.

Mndzebele pointed out that a very poor attempt had been made by the respondent (PS and minister) to purge them before the court. “The mala fide is clear from the facts of the matter and is demonstrated by the fact that they had 30 days to appeal the matter. They only filed a notice of appeal a day after the payroll had been issued by government,” he stated.

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