02 January 2024

As we begin 2024, we recognize that in the recent past, 2023 has been the most challenging year and this statement will highlight some of these challenges, including the agreement between employers to suffocate the union through withholding of subscriptions and the general refusal to recognize ATUSWA even after it has met all the legal requirements to be recognized.   The very existence of the Amalgamated Trade Union of Swaziland (ATUSWA) was threatened. Cesar Chavez once said “There are many reasons for why a man does what he does. To be himself he must be able to give it all. If a leader cannot give it all he cannot expect his people to give anything” and this resonate well with the fighting spirit of our worker leaders. Had it not been for their unity and dedication the union would have collapsed under the weight of these challenges that faced the union in 2023.

The union has further identified and need, a matter of urgency to deal with the “abusive relationship” that some of our members has with their union. The issue of members joining the union just before negotiations and resigning after wage settlement is crippling the growth of our organization and programs towards curbing it must embarked upon. While agency shop can achieved the objective temporarily, a special focus through our Annual Shop Stewards training must be given to the problem so that workers realize the importance of active unity.

On the onset we must indicate that we have agreed not to use this statement as a platform to vent. If we identify a challenge and or challenges, we must in the same breath seek to provide a response to bring confidence on our members in particular and workers in general that we are prepared to fight respectability of our efforts as workers are recognized and fairly rewarded. In the same vein this statement cannot be used to gloat. Where we think we have achieved considerable well, we must find ways to make sure that the rewards are even greater through our concerted efforts.

The case of our “dismissed” leaders including the President and the Treasure General on illegal lockout was dismissed by the Industrial Court early this year. As a consequence of the Industrial Court decision, furthermore, we quickly processed disputes of all the 24 dismissed worker leaders, who were targeted and dismissed without following due process soon after the crippling strike of the Textile Industry in Nhlangano which took six weeks in April 2022. We are happy to report that all the cases are now pending at arbitration with CMAC and we are confident that these workers are going to get justice. We also call upon those who did not bring their cases to the union to do so. We believe that these workers must be defended because they played a very significant role in defending the interests of workers in the garment industry and ultimately put our demands on the agenda and it is through their concerted efforts that even the king has started to rhetoric about our demands. Without their efforts, we would not have settled wage increase at twenty four (24%) over a period of 24 months in the Textile and Apparel Industry. This does not suggest that we are happy about the settlement but we recognize the fact that for the first time the independent members sided with us at the Wages Council.

In 2023, our members at Juris manufactures faced the most difficult period as they were subjected to an unlawful short time for five months. The lack of due diligence from the Commissioner of Labour’s offices enabled the company to do as she wished and that pushed workers further down the poverty line. As if that was not enough the company illegally retrenched over 100 workers. In protecting the workers, the union has filed two (2) applications at the Industrial Court and the matters are pending finalization and we trust justice will be served and the employer made to learn a valuable lesson that workers and their rights must be respected.

Labour broker remains one of the biggest challenges facing workers today. Under this arrangement workers are denied their basic human rights, including the right to Freedom of Association and Collective bargaining. The fake employers now change the names of their labour brokering companies when signing new contracts with the parent company in order to escape responsibility if a union is recognized.

We have observed continued assault on the fundamental right of Freedom of Association which was identified as a general refusal to recognize trade unions, particularly ATUSWA under the Voluntary Conciliation initiative under the recommendation of the International Labour Organization (ILO) as chaired by the Judge President of the Industrial Court. It is our observation that the jurisprudence on the exclusivity of the employer in terms of the Industrial Relations Act to determine when and how to derecognize a union must be revisited. This is because employers drag their feet when they must derecognize sweetheart unions and thus perpetuate the violation of the right to Freedom of Association. Surely the fulfilment of this right cannot be left at the hands of the employers alone.

Housing in all the industrial areas remain the biggest problem facing workers. We are forced to pay huge rent fees for houses that do not meet the basic living standard. In some instances, workers are forced to live in spaces where there is no toilet nor running water. Surely our people should be protected, and our organization has started a process that will give this issue the necessary focus. We call on government, particularly the Housing and Urban Development Ministry to regulate the housing business so that the people in general and workers in particular are protected. As things stand there is absolutely no fairness in pricing and conditions of the rented houses.

In our pursuit for better living terms and conditions of employment the leadership of the union through consultations has undertaken to focus its energies on the following critical arears;

1. Massive organizing activities, with special focus on Multi-National Companies.
2. Heighten the struggle for better living conditions, particularly push for regulation of the housing business.
3. Build capacity within the union, particularly develop skills within the locals.
4. Hold the Annual National Shop Stewards training and Political School in an endeavor to build capacity within our ranks and finally;
5. Through TUCOSWA, unite the private sector in order to build synergy and cohesion on areas of common interests.

It is for that reason that the leadership of the union has undertaken to push for unity in the private sector within the Trade Union Congress of Swaziland. Unions under the banner of TUCOSWA must identify common challenges and unite their efforts to fight those and we believe that TUCOSWA must enhance and build capacity for unions in the 3 identified sectors being Private, Public, and semi-public. TUCOSWA can only realize its potential once these three sectors have programs and are equally served and or serviced.

On behalf of the National Office Bearers, our staff, and the entire leadership of the union we send our profound revolutionary greetings and wish our members, all workers; organized and unorganized, our legal team, our federation and our International allies a prosperous, peaceful and happy new year, 2024.

Issued by

National Office Bearers