The Industrial
Court in Swaziland has ruled that public service
workers must make a new application before they can legally strike.
Unions have been in dispute with government over cost
of living salary rises. A planned strike
in January 2019 was halted because the Government of absolute
monarch King Mswati III said it was political and threatened the national
interest.
In Swaziland political parties are banned from taking
part in elections and groups advocating for democracy are outlawed under the
Suppression of Terrorism Act.
Four public service unions calling
themselves the Public Sector Associations (PSA) had joined forces to strike.
They were the National Public Service and Allied Workers Union (NAPSAWU),
Swaziland National Association of Teachers (SNAT), Swaziland Nurses Association
(SNA) and the Swaziland Government Accountants Personnel (SNAGAP).
Unions and government are in dispute over cost of
living adjustments (COLA) for the year 2017-2018. The Government says it cannot
afford to pay and offered a zero percent increase. The result was a deadlock
and the matter could not be resolved at the Conciliation Mediation and
Arbitration Commission (CMAC).
Ahead of the intended strike the unions issued a press
statement that criticised the government for increasing the budget for state
security: the Army, Police and Correctional Services. And for increasing
recruitment for these services, while decreasing recruitment in other areas
such as education, health and public services.
They also called upon every concerned Swazi ‘from all
walks of life’ to support the strike. They also extended their claim for COLA
to include the year 2018-2019.
The Attorney-General for the Swazi Government argued
this statement was outside the scope of the pay dispute and made the strike a
political one. It was against the national interest to allow the strike to go
ahead.
The Industrial
Court ruled, ‘There is no doubt in our minds that a
threat to shut down clinics, health centres, hospitals and transport will have
or is likely to have the effect of endangering the lives of part of the
population at the very least.’
The court said members of the Swaziland Nurses Association were not allowed by
law to strike because they were engaged in an essential service.
The Court ruled, ‘With regard to the facts of this
matter the main issue of the strike is the COLA dispute which is a legitimate
demand of the PSA’s. The [Ministry of Labour and Social Security] themselves
have admitted that the dispute exists only because they are unable to pay same
due to the fiscal challenges the Government faces.’
It added, ‘We cannot say that the proposed strike is
one of a purely political nature.’
It also said that the unions claim for COLA in 2018-2019
had not been included in the original dispute that had been to arbitration and
could not be considered.
The Court decided, ‘The strike action cannot be allowed
to continue in its present form even if the matter now included in the
statement is excised and the employees who are part of essential services are
excluded. In our view, the Respondents [the unions] would require to issue
fresh notices in order to achieve the legal requirements for protected strike.’
See also
Swaziland
public service unions call national strike to march on government
Industrial
Court stops Swaziland public servants strike at last minute
Swaziland
public servants prepare for pay strike amid fears of renewed police violence
against them
No comments:
Post a Comment