Monday 2021-03-01




By Bahle Gama | 2021-02-23

Magistrate’s Court A Galito’s supervisor has been cautioned and discharged for operating after 6pm. As per the COVID-19 regulations, shops and all retail outlets are expected to have closed at 6pm followed by an 8pm curfew. However, on Friday Samkeliso Dlamini who is a supervisor at the said eatery was arrested and charged with contravening Section 6 of the Coronavirus Directives No.2 of 2021 for failing to comply with directives of a permit issued by the ministry of commerce, industry and trade for operating after 6pm. Dlamini told the court that he was found to have opened the shop at 6:30 pm because there had been customers who were still inside the eatery before 6pm. “There were customers who were still inside the eatery and by the time we were supposed to close, they were not done eating. I sincerely apologise for breaching the regulations,” he said. Dlamini further pleaded for the court’s leniency, adding that he is married with three children and is the sole breadwinner. Magistrate Simo Simelane stated that he had his reservations on the matter as he felt an employee should not be accountable for such. ‘I feel it should be the owner or licence holder who is held accountable. The supervisor’s punishment should be internal because these shops belong to people not the employees,” he said. He further clarified that he did not mean that Dlamini was not at fault or had been ordered by his employer to continue operating beyond the legal operating hours, but felt such a charge should be carried by the owner. “I advise that you remove yourself from an unlawful situation Dlamini,” said Simelane, before cautioning and discharging Dlamini. Magistrate Simelane added that he felt it was unfair that shops will be fined for having customers who entered the shop before 6pm and took their time. “At least after 6pm a customer should not be allowed in the shop and the ones already inside be allowed to finish their shopping because such is disturbing to businesses. That is my opinion though,” he said.

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