Just before the country celebrated 40 years of King Mswati III’s reign and his 58th birthday, the nation experienced once again a confrontation between the Public Sector unions (PSUs) and government over notching. The media reported that government told the unions at the negotiating table that government will not be able to honour the notching of public servants due to financial challenges. This, of course, came as a shock to the PSUs.
They then called for a mass meeting to deliberate on the government’s decision.
The meeting resolved that a petition be delivered to the Prime Minister’s Office and the Public Service Ministry.
The Public Service minister was quoted as having said that the proposed march was premature because the notching issue was still being negotiated by the parties concerned.
This was a clear indication that government was not comfortable with the delivery of a petition. Some online publications, which are government-aligned, regarded this action as unpatriotic, as the country was preparing for the double celebration.
Sadly, as expected, the police prevented the march without any court order. The media reported that buses transporting workers were blocked by the police.
The subsequent effort to deliver a petition was met with brute force, using tear gas canisters. It is alleged that the Teachers’ Union secretary general was ‘kidnapped’ and severely tortured.
What does the Constitution say about trade unionism?
Eswatini is a constitutional State since the adoption of the 2005 Constitution at Sibaya. The 2005 Constitution has a Bill of Rights, which, Dr Martin Luther King often likened to the national Constitution as a promissory note. Workers’ rights are, therefore, guaranteed in the Constitution.
Section 32: Rights of Workers
- This is the most direct constitutional protection for trade unions. It explicitly guarantees:
- Freedom of association: Every worker has the right to freely form, join or not join a trade union.
- Economic protection: Unions are recognised as the primary vehicle for the promotion and protection of a worker’s economic interests.
- Collective bargaining: The section protects the rights of workers to collective bargaining and representation in the workplace.
- Section 25: Freedom of assembly and association
- This broader right supports the specific labour rights in Section 32 by ensuring:
- Right to associate: Every person has the right to associate freely with others for the protection of their interests.
- Right to assemble: This includes the right to peaceful assembly, which is essential for trade union meetings and industrial actions.
General protections supporting unions
Section 14: Provides a general guarantee of fundamental rights and freedoms, specifically mentioning ‘respect for rights of... workers’.
Section 20: Guarantees equality before the law and prohibits discrimination, including on the grounds of political opinion or social standing, which protects union members from victimisation.
It is worth noting that while the Constitution provides these protections, they are often balanced against ‘public interest’ and ‘public order’ clauses, of course.
In fact, trade unionism is further guaranteed in the laws of the country, including the Industrial Relations Act as amended and other Labour laws. The country has also signed a number of International Labour Organization (ILO) Conventions, which also serve to provide safeguards for trade unions in Eswatini.
Police obligation
We all recall that the police service was reformed from being a ‘force’ to a ‘service’. The principles that guide police work in the country are outlined in the 2018 Police Act:
It states in Section 10 that:
- 10. (1) A member of the Police Service shall at all times serve the community and protect all persons against illegal acts, consistent with the high degree of responsibility required by their occupation or profession
- (2) In the performance of their duties, members of the Police Service shall respect and protect human dignity, maintain and uphold the human rights of all persons.
- (3) A member of the Police Service may not inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any member of the Police Service invoke superior orders or exceptional circumstances as a justification for torture or other cruel, inhumane or degrading treatment or punishment.
- (4) A member of the Police Service shall not commit any act of corruption and shall oppose and combat all forms of corruption and corrupt practices and to achieve such objectives, they may join or assist other agencies set up to fight corruption and such other related corrupt practices.
- (5) Every member of the Police Service shall remain loyal to the Police Service and shall provide police service as an essential service.
- It is clear that the police are expected to serve emaSwati within the confines of human rights and dignity. Trade unions are legal entities that serve workers’ rights. Police must respect that!
The Public Service minister was quoted as having said that the proposed march was premature because the notching issue was still being negotiated by the parties concerned.