STATEMENT OF ATUSWA ON THE JUDGEMENT OF THE INDUSTRIAL COURT OF APPEAL.

25 October 2018

On the 24th of October 2018, the leadership of the union received a judgement of Industrial Court of Appeal under case No. 06/2018, a matter between smawu and ATUSWA. This was as a result of an appeal that was noted after the Industrial Court of Swaziland dismissed an application by a group of individuals who took ATUSWA to court after they were disciplined by the union and in response sought to undo the gains that have been made by workers.

The Industrial Court of Appeal has since upheld the Appellants’ application, a decision that takes both parties to the state of confusion that prevailed before the matter was taken to court at the first instance. In studying the judgement we noted very serious inconsistences which suggest that the judgement was written and delivered in haste. We appreciate the unfortunate difficulties within the judicial system whereby judges who specialize in industrial matters are reviewed by judges who specialize in criminal matters, but the incoherent decision of the court compounds the problem we had before approaching the court.

The union leadership met on the 24-25 of October where a decision was taken to engage TUCOSWA, our federation and our international allies on the possibility of taking the matter to the international stage in view of the fact that there are limited avenues to pursue the matter within our judicial system. We are reminded that it was a struggle to register ATUSWA, which was ONLY registered after the pressure exerted by the international community; not as a result of a court order as founded by the Industrial Court of Appeal. We are of the opinion that the Industrial Court of Appeal judgement undermines Article 3 of the ILO Convention 87 (Freedom of Association) which reads; “Workers’ and employers’ organizations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes”. Furthermore, the above Convention in Article 8 reads; “The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention”. It is our respectful view that the Industrial Court of Appeal Judgement impair the right as guaranteed by the above convention.

It becomes a problem when the courts provide prescriptions that are not even provided for in our legislation, more especially when the said prescription impair the right to Freedom of Association. The mandate of the courts as we understand it is to interpret the law as opposed to usurping legislative powers and or functions. It is not in dispute that various organizations, in particular SMAWU took a resolution to dissolve itself in terms of their own constitution in order to form ATUSWA through an amalgamation process that was supervised by TUCOSWA through its appointed deployees.

We wish to inform our members in particular and workers in general that the leadership of the union is seized with the matter, understanding that the unity of the workers is fundamental. Workers out of their own free will decided to form this glorious organization to respond to the disadvantages of their material conditions, and no entity should be seen to be disuniting workers. The leadership of the union shall be communicating broadly with it constituency in various workplaces on charting a way forward. We request workers to continue cooperating with us as we endure life with this unfortunate judgement because it must be accepted as is, whether we agree with it or not; it is binding.

Released by

 

Wonder Mkhonza

Secretary General

SWAZI AFRICA COMES TO ITS SENSES.

18 October 2018

The Amalgamated Trade Union of Swaziland welcomes the decision of Swazi Africa (PTY) LTD of accepting to implement the 11 percent wage increase as agreed between our glorious worker organization and various Textile and Apparel Industry employers in September 2018. Our members at Swazi Africa were left out on the agreed increases as a result of the fact that the company was ill-advised by fake lawyers and or labour consultants who advised same that the recognition agreement entered into between the company and SPRAWU, a union which amalgamated with others to form ATUSWA was null and void. The legally flawed advice was that since SPRAWU is defunct, the recognition agreement was longer existing.

A meeting was held between the union and the company after the honorable Industrial Court in ICC No. dismissed Swazi Africa’s application for rescission with cost on punitive scale. In the meeting the company accepted the FACT that it was ill-advised and it is willing to work with ATUSWA going forward. We hold no grudges; we are prepared to continue carrying out our duties in a responsible manner, even with Swazi Africa because maintaining sound Industrial Relations is paramount to our organization for as long as employers accept that the union is not merely a bridge between employers and the workers but that it is not anything beside the workers themselves.

We call upon all employers within the Textile and Apparel Industry to adopt the wage increases as agreed to by a majority of employers regardless of the fact that we are recognized or not recognized by those employers. The life difficulties faced by workers within the Textile and Apparel Industry is the same and if employers want to keep their employees, they have no other alternative but to align themselves with the majority.

 

Released by

 

Wonder Mkhonza

Secretary General

ATUSWA / GARMENT INDUSTRY, JOINT NEGOTIATIONS FORUM INCREASE WAGES BY 11 PERCENT.

 

26 September 2018

The Amalgamated Trade Union of Swaziland (ATUSWA) together with the employers under the Textile and Apparel industry who employ over 13000 workers combined, have taken a giant step towards the formation of a Joint Negotiations Council after concluding a Read more »

STINGY GARMENTS EMPLOYERS WANT TO CO-OPT LABOUR COMMISSIONER.

20 September 2018

The Amalgamated Trade Union of Swaziland (ATUSWA), the only workers organization representing Swazi workers in the Textile and Apparel Industry is dismayed after learning that a gang of stingy employers within the industry are planning to meet the Commissioner of Read more »

POLICE ARREST AND BRUTALIZE ATUSWA MEMBERS

19 September 2018

The Royal Eswatini Police (REP) following a command, has on this day the 19th day of September 2018 arrested and brutalized organizers and members of the union in Nhlangano.
Cde Sbonelo Tsabedze and Nhlanhla Tsabedze who are full-time organizers of the union were arrested today while coordinating workers who had assembled by Read more »

ATUSWA GEARED FOR A MASSIVE STRIKE ACTION IN THE GARMENT INDUSTRY

13th September 2018

The Amalgamated Trade Union of Swaziland (ATUSWA), the only workers union recognized and organizing the Textile and Apparel sector is geared up for an Industry strike action Read more »

EMPLOYERS ARROGANCE EXACERBATE A CONFLICT WITH OVER WORKED AND UNDERPAID WORKERS.

31 August 2018

 

A situation that could have been contained was exacerbated as a result of amongst other things by poor and or lack of capacity to deal with conflicts at work Read more »

ATUSWA ENCOURAGED BY THE VICTORY OF LESOTHO TEXTILE WORKERS.

STRIKING-FACTORY-WORKERS

ATUSWA ENCOURAGED BY THE VICTORY OF LESOTHO TEXTILE WORKERS.

 

The Amalgamated Trade Union of Swaziland’s members employed within the Textile and Apparel Industry in the country are encouraged by the victory of their Lesotho counterparts who have registered a decisive victory in their fight for Read more »

ATUSWA NATIONAL SHOP STEWARD TRAINING A RESOUNDING SUCCESS


IMG-20180805-WA0007ATUSWA NATIONAL SHOP STEWARD TRAINING A RESOUNDING SUCCESS

The Amalgamated Trade Union of Swaziland (ATUSWA) is humbled by the resounding success of its National Shop Steward Training which was held on the 03 – 04 of August 2018 at the Bosco Skills Center. The Training themed Read more »

ATUSWA TURN FIVE.

July 7th, 2018

On this day, five years ago workers converged at the Salesian sports ground to endorse the formation of an amalgamated union in an endeavor to consolidate and maximize workers power and influence in the private sector. The Amalgamated Trade Union of Swaziland as was christened on the 07th of July 2013, went on to have its first Congress on the 07th of September 2013.

Our formation anniversary comes at Read more »

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