‘Waya Waya’ teachers go to court

MBABANE – Some of the 6 800 teachers whose salaries were deducted during the ‘Waya Waya’ strike will now have to give oral evidence in court.

The strike action by members of the Swaziland Teachers Association was from June 20, 2012 to July 31, 2012. This comes after government which is represented by Attorney General Majahenkhaba Dlamini yesterday insisted that the teachers absented themselves from work to participate in the strike while their attorney Mandla Mkhwanazi disputes that.

Only 46 of the affected teachers who were randomly selected had been cited as applicants. Respondents in this matter are Swaziland Government and the attorney general. Some of the teachers who were present to listen to the matter yesterday include President of the Swaziland National Teachers’ Association (SNAT) Sibongile Mazibuko, Secretary General Muzi Mhlanga and Dominic Nxumalo.

Mkhwanazi yesterday asked that oral evidence be led in this matter so that the court can determine whether the implicated teachers did participate in the strike or not on the days in questions. However, it transpired that not all the teachers would testify but few would be selected to give evidence.
The implicated teachers alleged that during the days where it is alleged they absented themselves from work they had gone to attend extra mural activities not to participate in the strike.

The case was yesterday before Industrial Court Judge Dumisani Mazibuko who referred it back to the Registrar of the Industrial Court who will allocate it two new days where the oral evidence will be led.
Some of the teachers who were affected include SNAT President Mazibuko. The teachers now want the court to direct government to repay them all monies that were deducted from their salaries on the strength of no-work-no-pay principle.

They are also seeking an order declaring that the no-work-no-pay principle effected on them was null and void, unlawful and of no force and effect. One of the teachers Thuli Nkhosi in her founding affidavit stated that government started deducting money from SNAT members’ salaries with effect from June 2012 and of varying amounts.

She alleged that the deductions were reflected in the members’ payslips as no-work-no-pay.
“I wish to state that these deductions were first effected to the applicants’ members engaged in the strike action and such deductions continue to be effected to date,” she stated.

She stated that what was confusing was that the rule was applied randomly against the teachers and it was not clear  how the affected teachers were together, how much was being deducted and how that figure was made up.
“The respondent (Government) have no basis to deduct any monies from the applicant’s (teachers) salaries because at all material times the applicants have never absented themselves from work and had never been charged with absenteeism and tried and found guilty thereof and subsequent to which a sanction to effect the no work no pay principle was issued,” she stated.

  The teachers alleged that they were not afforded an opportunity to make representatives to government against the unlawful deductions effected on their salaries. They felt that their right to a fair hearing and administrative justice had been violated and infringed upon.

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