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TUCOSWA CHALLENGES ISAAC’S POWERS TO STOP PROTESTS

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 MBABANE – Did the National Commissioner of Police, Isaac Magagula, abuse his powers when he stopped the protest action by TUCOSWA?
This question will best be answered by the High Court as the Trade Union Congress of Swaziland has taken him to court.


TUCOSWA is seeking an order declaring that Magagula was enjoined by the Public Order Act, 2017 to consult with the convener of a protest before he could declare such protest to be prohibited.


In its application for review, the union is further praying for an order declaring that the national commissioner was precluded by the Act from unilaterally declaring a protest action prohibited without having explored other possible avenues with the convener of the protest.
TUCOSWA also wants the court to review and set aside the decision of the national commissioner of police of preventing its members from proceeding with their protest action.


In his founding affidavit, Secretary General of TUCOSWA, Mduduzi Gina stated that as a federation of trade unions representing employees in the Kingdom of Eswatini, they resolved to engage in a protest action.


According to Gina, the protest action was scheduled for September between 17 to19, 2018.
He alleged that notices in compliance with the laws of the country were issued to all relevant bodies that deserved to be notified, including the national commissioner of police.


Gina narrated that the applicant (TUCOSWA) duly embarked on the protest on September 17, 2018, which was the first day of the protest action.  The secretary general submitted that the protest action was held in four towns and two citiess; Mbabane, Manzini, Nhlangano and Siteki.


“There were demonstrations in the places mentioned above. In three of the places there was relative calm. The only exception was Manzini City where there were clashes between the police and members of TUCOSWA,” submitted Gina.

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