GOVT OPPOSES NURSES’ PRAYER FOR ARBITRATION

MBABANE – Government is seemingly not prepared to submit itself for arbitration for the unresolved dispute regarding the cost of living adjustment.

Through the office of the Attorney General, the State is opposing an application filed by the Swaziland Nurses Association (SNA) that it should submit itself for arbitration. The matter briefly appeared yesterday before Judge President of the Industrial Court Sifiso Nsibande. Government lawyer Bonisile Tshabalala informed the court that they were unable to file detailed papers outlining why the State was opposing the application.  Tshabalala said this was because the person who was supposed to depose to an affidavit was currently committed in preparations for the 50/50 double celebrations. SNA lawyer Mluleki Ndlangamandla informed the court that he had withdrawn as its attorney. He went on to tell the court that SNA indicated that it would engage another lawyer or even re-engage him. This resulted in the matter being postponed to May 3, 2018.

In their application, the nurses contended that they deserved to be awarded a cost of living adjustment of 7.58 per cent, while government averred that it was unable to do so due to fiscal and cash flow challenges. SNA is praying for an order directing the Government Negotiations Team (GNT) to submit itself to the arbitration proceedings. Respondents in the matter are the GNT and the Attorney General. The application by the nurses comes after the Conciliation, Mediation and Arbitration Commission (CMAC) issued a certificate of unresolved dispute. In his founding affidavit, SNA Secretary General Sibusiso Lushaba submitted that the Industrial Court had the jurisdiction to hear and determine this matter by virtue of the provisions of Section 8(1) of the Industrial Relations Act of 2007.

Giving a brief background of the matter, Lushaba said sometime in 2017, SNA and three other unions that bargained with government reported a dispute at CMAC.  He pointed out that the three other workers’ unions were SNAGAP, SNAT and NAPSAWU. “The gist of the matter in the dispute that was reported on behalf of our fully paid up members relates to the cost of living adjustment for the financial year 2017/2018,” submitted Lushaba. According to Lushaba, prior to reporting the dispute, they were engaged in negotiations with the Swaziland Government, which was duly represented by its negotiations team. He said there was, however, a deadlock at the conclusion of the negotiations and, therefore, there was no agreement. Lushaba highlighted that, it was on these premises that they then opted to report a dispute because in their view a dispute had arisen by virtue of the deadlock.

“The matter having been referred to CMAC was conciliated upon and our position as public sector unions was that our members deserved at the very least a cost of living adjustment of 7.85 per cent, which we requested the government to duly implement,” contended the secretary general. He told the court that they substantiated the basis of this request  by stating that all bills which were an essential need for all human beings in the country had increased a couple of times over the years. Another reason they forwarded, according to Lushaba, was that despite the increase, their members’ salaries had remained stagnant for quite a notable elongated period of time. 

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