Africa-Press – Eswatini. Government has applied for an order directing SNAT to pay E500 000 in the event it fails to remove the video on its Facebook page, wherein the Judiciary is purportedly being threatened.
In the event the Swaziland National Association of Teachers (SNAT) fails to remove the video within 24 hours, government entreated the court to send all its executive members to jail for 30 days. SNAT has since been joined as a party in the matter, where government seeking an order interdicting its (SNAT) President, Mbongwa Dlamini, from entering the courtroom, where his matter will be heard.
In the initial application, government also wants the court to ban the President of the proscribed Swaziland Youth Congress (SWAYOCO) Sakhile ‘Awu’viva’ Nxumalo and Secretary General of SNAT Lot Vilakati, from coming into the courtroom to listen to the arguments of Mbongwa’s matter.
The trio is alleged to have made threats against the Judiciary and same was also posted on the SNAT Facebook page. In the interlocutory application, the government is praying for an order directing SNAT to remove the entire video that was posted on September 18, 2023 within 24 hours.
An interlocutory application is an application which is generally incidental to pending proceedings.
Plea
It is further the State’s plea to the court that in the event SNAT fails to remove the video, its entire executive, namely; Mbongwa, Bongikhosi Dlamini, Mxolisi Ngcamphalala, Busalive Hlatshwayo, Welcome Mamba, Victor Dlamini, Mxolisi Motsa, Lindiwe Dlamini and Sifiso Vilakati, be sent to jail for 30 days and on the 30th day, they be brought to court to explain why the custodial sentence should not be extended to two years if they persisted in not complying with the order to remove the offending video.
“The court should order that SNAT should pay a fine of E500 000 to the registrar of the Industrial Court for their contemptuous behaviour of spreading threats against judges in their SNAT Facebook platform page through the video,” reads part of one of the orders which are being sought by government. In its application for joinder, the applicant (government) submitted that the matter related to a challenge against the threatening words that were purportedly issued by Mbongwa, Lot and Nxumalo on September 18, 2023 to judges, members of the bench and the opposite attorney dealing with the matter of Mbongwa.
It is alleged that the trio stated that they would gather information to embarrass the judges, members of the bench and opposite lawyers dealing with any matter touching on Mbongwa. It is alleged by government, in its papers, that Lot, acting in concert with Mbongwa, threatened the court that on September 28, 2023 ‘kutosetjentwa’ and he would invite a lot of people so that the matter could be heard at the national park, thus he was directing where the court should conduct its business, so that he could achieve his agenda. “Mbongwa and Lot, who are said to be the president and secretary general respectively, posted the video or caused same to be posted on the SNAT Facebook platform, which SNAT gladly published for the world to watch,” submitted the applicant.
Government argued that SNAT was thereby guilty of publishing the material, which was blatant interference of the judicial power. According to government, the teachers’ association posted the video, knowing that its contents were threatening. The applicant submitted that the act of the association bordered on contempt and/or defeating the ends of justice. The State averred that SNAT was also negligently and unlawfully fanning an attack on its lawyer.
Retract
In the main application, the government further wants the court to direct Mbongwa to retract, apologise and/or disassociate himself from the statements that were issued by Nxumalo, after he was purportedly invited by Vilakati, who was allegedly acting in cohort with him (Mbongwa). During Mbongwa’s last court appearance, Nxumalo and Vilakati are said to have issued threats against the judges of the Industrial Court and the lawyer who is representing government in the matter. Government urged the court to only allow Mbongwa to enter the courtroom after he had issued the apology, retracted the statements and/or disassociated himself from same.
Government wants the court to direct the SNAT president to retract and issue an apology in the national newspapers circulating in the Kingdom of Eswatini and the SNAT Facebook page, whereupon he must rebuke Nxumalo and Vilakati for attacking the Judiciary. Failing which, they entreated the court to strike the matter off the roll, only to be reinstated with the leave of court.
It is further the applicant’s plea to the court that, it should be granted leave to play a video that was posted on SNAT’s Facebook page, that was taken on September 18, 2023, showing the briefing done by Mbongwa and Nxumalo. Mbongwa is currently embroiled in a legal battle with the government after he was dismissed from work and his matter is pending in the Industrial Court, which is situated at Madlenya Building in Mbabane. Government is represented by Assistant Attorney General Mbuso Simelane, while appearing for SNAT is Senior Lawyer Lucky Howe.
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