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LUCT LECTURERS CHALLENGE CHRISTIAN FAITH, PRAYERS

14/08/2023 08:43:00 Kwanele Dlamini

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MBABANE - Unionised lecturers and support staff of Limkokwing University of Creative Technology (LUCT) have run to court to stop Christian prayers during their meetings.

They want the management of the institution not to impose the Christian faith on them. Through their union, the National Workers Union of Swaziland Higher Institutions (NAWUSHI), the unionised lecturers want the High Court to interdict the management of LUCT, or anyone acting on its behest, from directing them to pray during their weekly stand-up meetings. It was further their plea to the court that it should declare the conduct of the respondent (LUCT) of imposing the Christian religion and practices on them to be unlawful. In motivating their application, the applicants (union) argued that such practice was in violation of their constitutional right to freedom of religion.

Wondered

They wondered why the management of the university allegedly imposed its prayers on people who were unequivocally opposed to it. They argued further that they made it clear that the prayers were unsolicited and unappreciated due to differences in religion. “One finds no other conclusion than to conclude that this is a blatant abuse of power and sheer disrespect to the workers’ constitutional right to freedom of religion and conscience,” submitted the union on behalf of the support staff and lecturers. Section 23 of the Constitution of the Kingdom of Swaziland (Eswatini), under the protection of freedom of conscience or religion, provides that: ‘‘Except with the free consent of that person, a person shall not be hindered in the enjoyment of the freedom of conscience, and for the purposes of this section freedom of conscience includes freedom of thought and of religion, freedom to change religion or belief, and freedom of worship either alone or in community with others’’. Respondents in the matter are LUCT and its Head of Academics, Stella Hlezephi.

Giving background of what gave rise to their application, the Secretary General (SG) of the union, Stanley Simelane, narrated to the court that in June 2022, a member of the union, Fundiswa Magagula, lodged a grievance against the Director of the institution, Tfobile Gumede, after she was purportedly discriminated against on the basis that she was a sangoma. This, according to Simelane, happened during an official Board of exams meeting. He went on to submit that, subsequently, a grievance was lodged and the outcome was that Magagula was discriminated against and that religious practices at the institution should be halted pending finalisation of a policy on religion.

According to the secretary general, the union alleged that the hearing was convened on July 7, 2022, wherein the union’s branch Secretary, Nsidiso Tsabedze, was observing on its (union) behalf. He alleged that to date, the written outcome of the grievance had not been availed to the aggrieved employee, who had since left the institution as her contract was not renewed.
Simelane averred that the union wrote several correspondences to the institution, requesting for the findings and minutes of the hearing, but they were allegedly sent from pillar to post, and at times, completely ignored. “The union has made it clear that the opening of meetings with Christian prayer offends our non-Christian members and the latest communiqué in this regard was sent to the office of the human resource manager on July 26, 2023, a response to which has not come through to date,” he submitted. He alleged that, subsequent to the letter of July 26, 2023, respondent at a stand-up meeting on August 2, 2023, opened the meeting with a prayer.

Subscribed

Simelane stated that one of the members of the union, Yusof Shabangu, who subscribed to the Muslim faith, raised his hand in objection but was allegedly ignored and the head of academics proceeded with the prayer to mark the start of the meeting. The head of academics, according to Simelane, was allegedly well-cognisant of why Shabangu had raised his hand.
She alleged that the head of academics demonstrated by her remarks at the meeting, where she stated that she was a child of God and could not be stopped from praying. “What boggles the mind and one struggles to phantom is why do those in authority impose their prayers on persons, who are unequivocally opposed as it has been stated that those prayers are unsolicited,” he argued. These are allegations whose veracity is still to be tested in court. The respondents are yet to file their answering papers.

Simelane brought it to the attention of the court that the applicant was a legal persona and was the sole representative of its members in terms of the recognition agreement. He further submitted that the applicant had a current existing right to represent its members, whose constitutional right to freedom of religion was allegedly being violated by the management of the institution. “I submit that the applicant has a prima facie right in that, it represents the unionised members who have expressed their dissent and displeasure at being subjected to the Christian faith and practices when they are not Christains and have communicated same unequivocally to the respondents,” he stated.

Simelane also told the court that the union had a prima facie right to seek an order interdicting an alleged violation of its members’ constitutional right to freedom of religion. He highlighted that the foreseeable prejudice was that, non-Christian members would continue to be subjected to the prayers during the weekly compulsory meetings, much against their religion and faith. “This is a matter of conscience and bothers on one’s overall wellness. The damage visited on them is irreparable and there is no suitable remedy in due course,” he argued. The secretary general said the matter was urgent because the management of the learning institution had allegedly continued to impose the Christian faith on the union’s members.

Meetings

He said this was despite several communications informing them (management) of the impact of its actions on the non-Christian workers and on the basis of the fact that the stand-up meetings were weekly and mandatory. He argued that, as such affected members would be subjected to a faith and practices to which they were, in conscience opposed. Simelane said this would be in violation of their constitutional right to freedom of religion and a remedy in due course could not undo the harm already suffered. “The conduct of the respondent is unlawful and wilful violation of the constitutional rights of the employees. It is this conduct that has to be nipped in the bud,” he contended. Some of the affected employees disposed to a confirmatory affidavit in support of the application. One of the deponents is Shabangu (Yusof). He told the court that he was the branch executive vice chairperson of the union. “I confirm that I am a Muslim by faith and that I am opposed to being subjected to Christian practice and that I am one of the affected persons who sought to have the matter addressed between the management and the union of Limkokwing University,” submitted Shabangu.

Confirmed

He also confirmed to have raised his hand in protest during one of their meetings for purposes of registering his objection when Shongwe (second respondent) mentioned that she was opening the meeting with prayer. Also to depose to confirmatory affidavit was Magagula (Fundiswa) , who claimed she was discriminated against by the director of the institution.
The matter has since been referred to the registrar of the High Court for allocation before another judge. This comes after Judge Ticheme Dlamini recused himself, citing that he was related to one of the members of the institutions, who was his biological sister. The applicants are represented by Nhlanhla Ginindza of N.E Ginindza Attorneys, while appearing for the respondents is Banene Gamedze of Musa Sibandze Attorneys.