Africa-Press – Eswatini. The Swaziland National Association of Teachers (SNAT) has called on the Teaching Service Commission (TSC) to reinstate Mbongwa Dlamini before schools open next week.
Dlamini, who is the SNAT President, was dismissed after being found guilty of abstaining from work for 109 days, between December 2021 and October 2022.
His services, according to the TSC, were terminated in accordance with Section 36 (F) of the Employment Act 1980.
Following his dismissal, SNAT Shiselweni Branch petitioned the Regional Education Office (REO), calling for all the 109 charges against Dlamini to be immediately dropped.
The petition was received by the Deputy REO, Gugu Dlamini, and was delivered by a group of about 20 members led by SNAT Secretary General, Lot Vilakati, yesterday.
Shiselweni Branch Secretary, Zanele Hlophe, said they believed that Dlamini was targeted by government as since he assumed office, he had been in and out of courts. Hlophe further stated that they want the verdict overturned and for Dlamini to assume his position, in readiness for schools resumption.
They also want the charges to be dropped within 24 hours. “The harassment against the president and all SNAT leaders both at national and regional levels must be stopped. The TSC needs to recognise the TSC Act and the government recognition agreement,” Hlophe said.
Meanwhile, Vilakati said most of their branches shared same sentiments and called for Dlamini’s reinstatement before schools opened next week.
The petition, according to Vilakati, was part of a series of events they planned in order to ensure that the union leader was reinstated. “We understand this is a political issue as the TSC did not follow laid down procedures,” he said.
Further, he said there were certain ways to discipline an employee that they were not against but due processes must be followed. “What confuses us is that we have a recognition agreement with government, which gives SNAT leaders a leeway to conduct union’s work on employer’s time. The agreement states that the leader would not be victimised,” he added.
Vilakati called upon the commission to immediately reinstate Dlamini before next week. While the TSC Executive Secretary, Nhlanhla Dlamini, did not respond to numerous calls and messages, acting Principal Secretary in the Ministry of Education and Training, Naniki Mnisi, said this was a sensitive matter between an employer and employee, which must be handled with care.
Mnisi urged that the ministry not be involved in this matter to avoid complications.
However, she noted that the commission was free to take decisions it deemed fit in terms of relevant Acts that support their actions.
According to Mnisi, there were procedures that must be followed by an aggrieved party if they feel the commission was not fair in its decision.
She explained that aggrieved parties could approach the courts for intervention. “The commission is authorised to a review and if one feels that the review is not fair, he or she can apply at the Industrial Court for intervention and the court will attend the matter using their procedures at judicial level,” Mnisi said.
Adding, Mnisi revealed that they met with the aggrieved party last week and encouraged them to write to the commission and request for a meeting.
She highlighted that the commission was still waiting for their request to a meeting with an agenda so that the matter could be discussed.
In the unionist’s letter of dismissal, the TSC stated that it terminated Dlamini’s services after considering the failure to appreciate the sensitivity and nobility of the teaching profession.
Nhlanhla said this followed a disciplinary hearing wherein Dlamini was found guilty and an invitation was extended to him and his legal representative to appear before the commission in order to present mitigating circumstances or factors for consideration by the commission before it decided on an appropriate sanction.
He said the commission arrived at its unanimous decision because when they were requested to make mitigating submissions, the president and his legal representative refused to tender any mitigation but opted to walk out of the hearing after hurling insults and threats at the TSC.
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