Home | News | BID TO CLOSE SCHOOLS WHILE CASE CONTINUES DISMISSED

BID TO CLOSE SCHOOLS WHILE CASE CONTINUES DISMISSED

15/07/2020 00:52:00 BY MBONGISENI NDZIMANDZE

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MBABANE - It’s a win-win situation for both Eswatini Government and SNAT.

Yesterday Industrial Court Judge Dumisani Mazibuko dismissed the points of law that were raised by government in the matter between it and the Swaziland National Association of Teachers (SNAT).

SNAT is challenging the opening of schools in the country amid the surge in COVID-19 cases. Respondents in the matter are the minister of Education and Training, prime minister and the attorneys general. During the argument of the matter, government raised points of law, which included lack of urgency, resolution, locus standi, non-joinder and academic prayer. The dismissal of the points of law that were raised by government means that the matter will now proceed on the merits. This essentially means the court will hear SNAT’s application challenging government not to reopen schools, among other prayers.

Refused

The judge, on the other hand, refused an application by SNAT to be granted an interim order for the closure of schools while the matter was still pending in court.
The Judge did not give reasons for refusing to grant the order as prayed for by SNAT, but stated that he would deliver same when the matter had been argued wholistically.

Judge Mazibuko said SNAT had locus standi (legal right) to approach the court when there was imminent danger at the workplace. He said the court found that the association was right to approach the court.

In dismissing the issue of the lack of locus standi, the judge further highlighted that teachers played a role of being parents when the children were at school and they had the right to protect their welfare because they were loco parentis. The term loco parentis is, Latin for ‘in the place of a parent’ refers to the legal responsibility of a person or organisation to take on some of the functions and responsibilities of a parent’.

The court further found that the prayer by SNAT for the closure of schools was not academic as the threat of COVID-19 infection was continuing.
It was further the court’s finding that the constitution of SNAT gave its president wide powers and a resolution was one of the avenues available. Judge Mazibuko said the association used its powers to approach the court.

Resolution

Government had argued that there was no resolution authorising SNAT President Mbongwa Dlamini to move the urgent application.
The State’s legal representative told the court that the application was therefore defective for lack of resolution, hence it ought to be dismissed.

Assistant Attorney General Mbuso Simelane went on to submit that the thrust of the applicant’s (SNAT) arguments was that the pupils would be affected by COVID-19 but none of its deponents had argued that he or she had children who were attending school. Simelane said for that reason, it was only parents of the schoolchildren who may properly apply for the closure of schools.

He alleged that in the process, SNAT had no locus standi to bring the application.
“SNAT is a labour union and has a collective agreement with parents. The association cannot act on behalf of the said parents or school-going children,” argued Simelane.

In motivating the application, SNAT’s lawyer Lucky Howe had argued that not even one teacher or pupil should be affected by COVID-19 anymore hence the court should grant an interim order in terms of their application. The order would have entailed the closure of schools pending the exchange of court papers among the lawyers.

Simelane, on the other hand, averred that the Eswatini Government was concerned with the health of the pupils and teachers, such that it had now supplied the necessary protective equipment, thermometers, masks, sanitisers and water tanks to the schools that did not have running water.
“If the court grants the interim order, that will mean the end of the matter because in nature, it has an immediate effect of shutting down the schools and who is going to open them after they have been closed,” submitted the assistant attorney general.

He went on to inform the court that too much resources had been extended for the containment of the virus in schools.
“If there are schools which are not ready to open or feel threatened, they can report to the Ministry of Education and close like Mabondweni High School, which did not open when the other schools opened and no one had been disciplined,” argued Simelane.

The entire matter will now be argued on July 31, 2020.
The court did not make any order as to costs.
SNAT is expected to file supplementary affidavits by July 17, 2020, respond by July 23, 2010 and heads of arguments are to be filed by July 29, 2020.