TUCOSWA BLASTS FSE&CC OVER NEDBANK CASE STANCE

MBABANE – TUCOSWA has reassured that they will join forces with SUFIAW and further request to be joined by others in defending the employees’ rights which has already been pronounced by the courts and government.

This follows a statement made by the Federation of Swaziland Employers and Chamber of Commerce (FSE&CC) that they were in disagreement with Judge Nkosinathi Nkonyane’s judgment. The judgment declared unlawful the use of replacement labour during a legal strike action.

According to the federation, they were in a process of joining Nedbank in its appeal against the decision. The judge issued the judgment on Friday in favour of the Nedbank employees ordering the removal of all replacement labour.
TUCOSWA is an acronym for Trade Union Congress of Swaziland. The President Mduduzi Gina said the country was governed by three arms of government being; the Executive, judiciary and the legislature.

Gina said already the two arms; the Executive and judiciary through the courts, were in agreement that it was unlawful to engage replacement employees while a lawful strike action was ongoing.
He said they welcomed the decision and felt that any country that is in a democratic dispensation would do the same. “This decision by the two arms will give the legislature the command to speed up the process of local legislation prohibiting employment of replacement labour,” Gina said.

Further, he said they were a bit worried by the statement issued by FSE&CC as they were a delegate member for employers at ILO. He said if the federation had no respect for ILO, it was disturbing.
Gina said they welcomed the landmark decision by the Industrial Court judge ruling in favour of the striking employees, something they had been fighting for since eternity.

“The decision by the judge respects the fundamental rights and freedoms of workers as it is reflected by Convention 87 of the International Labour Organisation (ILO).” Gina said the judge was able to realise that there was no way they could use the country’s legislation in finding authority to resolve the issue of replacement labour.

He said the ILO Committee of Experts had issued digest decisions on freedom of association which is used as an authority.
This, he said, explained the issue of the employers on when they could have the authority to replace labour when employees are engaged in a lawful strike. In this matter, he said the legislation was mum on the issue as there is no law as what is expected to happen in such circumstances.

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