By Sifiso Nhlabatsi | 2025-03-10
AS the legal battle between government and Swaziland National Teachers Association (SNAT) President Mbongwa Dlamini rages on, the former has since revealed that a teacher has been hired for Moyeni High School to replace the SNAT leader who was dismissed from the teaching service for absenteeism.
Teaching Service Commission (TSC) Executive Secretary Nhlanhla Dlamini revealed this in an affidavit filed at the High Court. This is in the matter where Mbongwa is challenging the TSC and the ministry of education over their alleged failure to reinstate him and pay his salary, despite a previous court order in his favour.
The executive secretary disclosed that Mbongwa’s replacement was hired in 2022 to teach Mathematics and Science to the learners who were allegedly abandoned by the applicant.
“The teacher remains so serving at Moyeni High School. Mbongwa’s fate and that of the relief teacher shall be decided after determination of the on-going litigation over the declared invalid dismissal.
If the courts shall affirm the invalidity judgment with finality, then the disciplinary proceedings against Mbongwa shall start again. Only if acquitted of such unconscionable absenteeism shall Mbongwa return to class as a teacher employed by the government,” TSC executive secretary said.
In response to this, the SNAT president said the issue of a relief teacher was neither here nor there and was of no consequence. He said a relief teacher as the word says was just a 'relief teacher' and could be removed immediately and sent to another school.
Adding, the executive secretary said it would not be in the public interest to re-allocate duties to Mbongwa Dlamini without first probing his 109 days absenteeism.
He said the ministry of education and TSC hold and exercise public power, which must be lawfully conferred and exercised.
He said they were absolutely fettered from acting according to the exigency of any situation, but the dictates of the law.
“The law includes the Appropriation Act. The budgetary allocation for the public wage bill is for work done, not work that ought to have been done.
“Similarly public officers must hear the public interest,” he said in his affidavit.
He added that as such it was not in the public’s interest to reinstate Mbongwa.
The secretary disclosed that Mbongwa was paid his salary as per the order that was issued by the court.
He said that order was long complied with. “Mbongwa's wage for days worked were paid, that pertained the salary stoppage following his mysterious disappearance.”
He provided the proof of payment for the court. According to the TSC, Mbongwa raised no issue with the payment as it was to his satisfaction.
He stated that in resisting Mbongwa's intended forcible resumption of duty, government had not in any way violated any High Court order.
He said the court did not order government to do any act or refrain from doing any act.
“There is no act of contempt therefore more so because that order is being appealed against,” he stated.
The SNAT president denied that he was ever paid as he claimed his wages were outstanding.
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