Africa-Press – Eswatini. SNAT says it will not remove the video it posted on its Facebook page after the last court appearance of the association’s President, Mbongwa Dlamini.
The Deputy President of the Swaziland National Association of Teachers (SNAT), Bonginkhosi Msibi, alleged that the video was not offensive, hence they would not remove it from their platform. However, Msibi stated that should the court order to be removed, as a law abiding citizen, SNAT would comply with the order. He pointed out that the Teaching Service Commission (TSC) and attorney general (AG), who are applicants in the matter, had to first prove that the content was of such a nature that it ought to be removed they prayed for. The deputy president told the court that SNAT had a Chapter III right to freedom of expression in terms of Section 24 of the Constitution. He said this right was a protected right.
SNAT, Mbongwa Dlamini, Secretary General (SG) Lot Vilakati, Swaziland Youth Congress (SWAYOCO) President Sakhile ‘Aw’viva’ Nxumalo and others were responding to government’s application for an order directing the teachers’ association to pay E500 000 in the event it failed to remove the video from its Facebook page, wherein the Judiciary was purportedly being threatened. In the event SNAT failed to remove the video within 24 hours, government pleaded with the court to send all its executive members to jail for 30 days.
SNAT was joined as a party in the matter in which government is seeking an order interdicting Dlamini from entering the courtroom where his matter will be heard.
Judiciary
The trio of Dlamini, Vilakati and Nxumalo is alleged to have made threats against the Judiciary and same was also posted on the SNAT Facebook page. In the opposing affidavit, Deputy President Msibi submitted that the TSC and AG were aware that evidence had to be led to prove that SNAT was related to the offence, the offence proved further that the contents of the set material were offensive in the nature alleged by the TSC and AG. “It is denied that the content on the eighth respondent’s platform has threatened the court and/or any attorney. It is further denied that the second respondent directed where the court should hold the business of the day. It is further denied that the first and second respondent (TSC and AG) posted the video on the eighth respondent’s (SNAT) platform. The eighth respondent denies that it is guilty of publishing material which blatantly interferes with the judicial power. It is submitted that the material does not in any way threaten the judiciary and/or interfere with the judicial functions of the court as alleged.
“The applicants are attempting to tarnish the reputation of the eighth respondent, in the eyes of the public for reasons unknown to the eighth respondent. It is with regret gross abuse of the courts by the applicant and the court should dismiss the application with costs as pleaded,” Msibi submitted. The veracity of these allegations is still to be tested in court. He further denied that SNAT and all its members, who had allegedly not been served herein, were guilty of contempt or that such video bordered on the act of conduct and/or was defeating the ends of justice. SNAT, according to Msibi, denied that it had in any way attacked the lawyers and or participated in any attack against any attorney. He described SNAT as a professional organisation that respected professionals such as attorneys and the Judiciary and further upheld the rule of law at all times.
“The eighth respondent will not remove the said video and a post from its platform as same is not offensive. Should the court, however, order and as a law-abiding citizen, will comply with the order. Applicants have to first prove that the content is of such a nature that it ought to be removed as prayed for. The eighth respondent has a Chapter III Right to freedom of expression in terms of Section 24 the Constitution and this right is a protected right.
Interference
“The eighth respondent further denies that the content of the material placed on its platform offends any laws and that it is in anyway and interference with the independence of the Judiciary and that it threatens the judges and lawyers. No content on the platform of the eighth respondent violates the rights of any judicial officer to perform his function and any legal practitioner to represent anyone. The eighth respondent respects the function of the Judiciary and that of legal practitioners who are to be protected at all times,” Msibi submitted. He told the court that freedom of opinion and expression were also guaranteed and protected under the provisions of Section 24 of the Constitution. These rights, according to Msibi, could not become curtailed or interfered with, unless good causes were shown to the court, ‘which has not been in this particular instance’.
The deputy president argued that the Industrial Court was not competent to curtail these rights or infringe upon them as the law provided. He said it was the High Court that had the right to interfere with these rights. Msibi submitted that the Industrial Court had no jurisdiction to grant the order. He told the court that SNAT, as a union and citizen, was entitled further to receive without interference and to communicate without interference, views, ideas and opinions of persons including those of its members and that of the public, whose rights were protected. “Further it has a right to communicate with the public without interference by any party such as the applicants in this instance in the court to protect this right, if the court is inclined to believe that it has jurisdiction, which it is pleaded it does not have with respect.”
Msibi submitted that it was not true that it was competent for the court order to order a fine of E500 000 to be paid by the SNAT registrar of the court. He said no fine could be paid to a registrar of the court or to an individual. He stated that fines were paid to the State as a sanction of wrongdoing. Msibi also told the court that Nxumalo was not a member of SNAT. The matter is pending in court.
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