APPROACH COURTS FOR ORDER AGAINST ’73 DECREE - WINNIE

MBABANE – Minister of Labour and Social Security Winnie Magagula has said anyone who felt aggrieved by the April 12, 1973 Decree can approach the courts for a declaration order.

Magagula, in her written responses to the portfolio committee, said her ministry, with the assistance of the office of the Attorney General,  tabled and provided additional information to the International Labour Organisation (ILO) to demonstrate the Constitution of the country as the supreme law.
“If any other law is inconsistent with the constitution that law shall, to the extent of its inconsistency, be void,” she said.
“Government is encouraging any party that feels aggrieved to approach the courts for a declaration order in this regard,” said Magagula.
She said the matter was discussed during the Social Dialogue meeting held on January 20, 2014 and parties could not agree on the status of the proclamation.

The minister said workers representatives stated that they had a legal opinion which indicated that it was still operational.
“They promised to share their opinion with government after consultation with their principals. The ministry will again review the opinion from the workers in consultation with the relevant ministries and suggest the best way forward,” she said.

Government has addressed AGOA concerns, says PM

MBABANE  – Government has addressed quite a number of concerns which were raised by the American government on issues involving the African Growth Development Act (AGOA).

This was said by Prime Minister (PM) Sibusiso Barnabas Dlamini, in his written responses which were tabled in the House of Assembly, on Wednesday.
The PM said his office acknowledged the importance of AGOA to the country and how critical it was to maintain membership thereof for the country’s development.

“In this regard government will do all within its power to safeguard the valuable benefits accruing there from,” said Dlamini.
The PM reiterated, however, that government was concerned about elements within the country that seem to undermine its efforts by conveying inaccurate information to the government of the United States of America.

“The laws of the country do not bar any person or association from enjoying legal rights including freedom of association and expression as entrenched in the Constitution of the Kingdom of Swaziland,” said Dlamini. He stated that all rights had responsibilities and must be regulated to ensure appropriate enjoyment of same.      

     
“However, the enjoyment of rights is often undertaken outside the confines of the law and relevant regulations,” said Dlamini.
He said following the breach of the laws and relevant regulations, the law would take its course.
The premier said this was often misconstrued and reported to the international community as a violation of freedom of association, expression and other human rights by the same Swazis who stood to benefit from AGOA.

“Subsequently such untoward conduct attracts negative consequences which are undeserved by the Swazi nation,” he said.
The PM said utmost cooperation of all sectors of society was essential.
He stated that any adverse action taken on AGOA by the American government would be the responsibility of those people and organisations who spread inaccurate information about Swaziland.

Meanwhile, Minister of Labour and Social Security Winnie Magagula, in her responses, said on January 27 to 29, 2014 the country was visited by the International Labour Organisation (ILO) High Level Technical Team who noted that a number of actions had been taken.

She said government was working closely with social partners to ensure that the issues raised by AGOA and ILO were fully addressed.
She stated that the amendments in the Industrial Relations Bill would also assist.

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