#TUCOSWA case to be heard on 15 November 2012
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.
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