TUCOSWA case to be
heard on 15 November 2012
(Statement Centre for Human Rights and Development, 1
November 2011)
The case involving the deregistration of the Trade Union
Congress of Swaziland (TUCOSWA) will be heard on 15 November 2012, the
Industrial Court pronounced this morning. In this case the Swaziland government
is seeking an order declaring the registration of TUCOSWA unlawful.
The organization is represented by human rights lawyer
Mr. Thulani Maseko who pleaded with the court to hear the matter urgently since
it pertains to the fundamental rights of workers. Mr. Maseko argued that it is
at the best interest of workers, employers and government that the matter be
heard and finalized soon. He cited section 4 of the Industrial Relations Act
2000(as amended) which lays out the purposes of the Act amongst which is the
promotion of harmonious relations and freedom of association and expression in
labour relations.
The Swaziland government challenges the registration of
the organization on the basis that the Industrial Relations Act does not
include organizations such as federations. This is despite the Act having
several provisions with the word federation. For example, section 2 of the Act
defines a federation as a body registered in terms of the Act which is
comprised of employers and or a combination of employers’ associations, trade
unions or staff associations.
Furthermore, section 2 defines the terms office and
officer in the context of federations. When the court sits on the 15th, the
TUCOSWA will be arguing that it was properly registered as the Act includes the
registration of federations.
On another note it transpired during the hearing that the
parliament Swaziland is in the process of amending the Industrial Relations Act
to expressly include the registration of workers’ federations. This will
however mean that if judgment is issued against TUCOSWA then the union will
have to reapply to register under the new Act in which case the government has
an option to allow or deny the registration.
TUCOSWA was able to successfully merge the Swaziland
Federation of Trade Unions (SFTU) and the Swaziland Federation of Labour (SFL)
to bargain collectively for workers’ rights in Swaziland. The deregistration of
TUCOSWA was necessitated by the vibrancy of the organization and the huge
support it had both local and international.
The case comes at a time when many Swazis are calling for
the unbanning of political parties and their participation in the upcoming 2013
national elections. The government has continued to silence dissenting voices
and disregard the Constitution. Last month members of parliament passed a vote
of no confidence on cabinet ministers which was later withdrawn due to defiance
by the ministers.
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