NHLANGANO – Workers' Day celebrations have taken a hit after the Shiselweni Magistrates Court dismissed an application challenging a decision regarding the venue.
The application had been filed by the Trade Union Congress of Swaziland (TUCOSWA) on the evening of Thursday, April 30, 2026 after permission for the gathering was refused.
The ruling effectively upholds the block on the planned International Workers' Day celebrations scheduled for May 1, 2026, in Hlatikhulu.
The court's decision was based on a procedural omission by the federation. The presiding magistrate ruled that TUCOSWA failed to cite Chief Bhozongo in its legal papers, despite the fact that the planned gathering was to take place in an area falling under his jurisdiction as the leader of the Kontjingila Chiefdom.
The legal battle began after the Shiselweni Regional Administrator, Themba Masuku, refused to grant permission for the gathering. TUCOSWA, sought to have Masuku’s decision declared unlawful.
TUCOSWA had organised a regional commemoration starting with an assembly at the Hlatikhulu Bus Rank, followed by a procession to the Hlatikhulu Central High School Sports Ground. While the federation had reportedly secured approval from the Ministry of Education and Training to use the school, the regional administrator maintained during a meeting on April 29, 2026, that he lacked the jurisdiction to approve the event. Masuku instead directed the union to seek permission from Chief Bhozongo.
In a founding affidavit, Winile Mlotsa, the Acting Secretary General of TUCOSWA informed the court that when the federation approached the chief, they were told that the libandla (inner council) had already resolved to disapprove the gathering.
TUCOSWA argued that the referral to traditional authorities lacked a statutory basis. The federation’s legal team cited Section 2 of the Public Order Act of 2017, which defines a local authority as a municipal council, town council, or town board, arguing that a chieftaincy does not meet this definition.
The federation further contended that:
· Notice was served to the Hlatikhulu Town Board on April 15, 2026, and since the board did not respond, the right to hold the gathering should have been deemed granted under Section 8(13) of the Act.
· The prohibition of the event violated Section 25 of the Constitution of Eswatini, which guarantees the freedom of assembly and association.
· The national commissioner of police had been notified well in advance of the four-day minimum required by law.
Despite the federation’s arguments regarding constitutional rights and the definition of local authorities, the court found the failure to include Chief Bhozongo as a party to the proceedings fatal to the application.
The dismissal comes as a significant blow to the labour federation, which had argued that the matter was of extreme urgency. TUCOSWA had maintained that the balance of convenience favoured the granting of the order to prevent irreparable harm to workers wishing to exercise their rights on International Workers' Day. However, with the application dismissed on the eve of the event, the planned procession and assembly in Hlatikhulu remain unauthorised.
In a letter dated April 29, 2026, Masuku cited his interpretation of Section 6(5) of the Public Order Act 2017, asserting that his office lacks the legal jurisdiction to accede to the federation's notice. The decision followed a meeting involving TUCOSWA representatives Mduduzi Gina, Bheki Mamba and Sikelela Dlamini.
The regional administrator ruled that Chief Bhozongo of the Kontshingila Chiefdom is the rightful local authority for the area in question. According to the correspondence, Masuku advised the federation to communicate directly with the chief to pursue their application.
Despite noting that it was becoming late to make such a request, Masuku provided the chief’s contact details to the union leaders to facilitate further engagement.
TUCOSWA was represented by Sibusiso Nhlabatsi of MotsaMavios Attorneys while Assistant Attorney General Mbuso Simelane represented the regional administrator.
TUCOSWA lawyer Sibusiso Nhlabatsi and Shiselweni Regional Administrator Themba Masuku.