Her statement has led to confusion in the kingdom and condemnation from trade unions and pro-democracy organisations across the world.
On 8 October 2014 Magagula called a
press conference and without first informing the organisations concerned
announced that the Swazi Government would not recognise the Trade Union
Congress of Swaziland (TUCOSWA), Federation of Swaziland Employers and Chamber
of Commerce (FSE&CC), Federation of the Swazi Business Community (FESBC)
and the Amalgamated Trade Unions of Swaziland (ATUSWA).
Local media reported
Magagula saying, ‘All federations are non-existent in terms of the
Industrial Relations Act and should stop operating immediately until the
amendment of the Industrial Relations Act has been passed by Parliament.’
She added the amendment would outline the qualification
or criteria for eligibility to be registered as a federation.
The Government of King Mswati III, who rules Swaziland as
sub-Saharan Africa’s last absolute monarch, has been in conflict with the
trades unions in the kingdom for many years. It has failed to properly
recognise the legitimacy of TUCOSWA and this is one of the reasons Swaziland
has been expelled from membership of the lucrative African
Growth Opportunities Act (AGOA) that allows goods from the kingdom to be
imported into the United States tariff free.
The announcement that TUCOSWA was banned was criticised
across the world, by organisations including Freedom
House, the Trades
Union Congress, UK, the International
Trade Union Confederation and the Congress of South African
Trade Unions.
The International
Labour Organisation (ILO) said the ban was disappointing and of great
concern.
‘The role of employer and trade union federations is
important in any developing economy and they play a key role in not only
representing their members but also providing input into the labour market debates,’
it said in a statement.
Following the outcry, Magagula, defended her action and
said the federations had not been banned.
She
said, ‘We did not ban anyone, we only issued a statement that stopped them
from partaking in our activities, where they would sit and engage government on
a number of issues touching on the general welfare of workers. The federations
are unlawful and do not exist according to the Act, however, they do exist
outside the legislation.’
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