2 August 2008
...Teachers' application judgment this morning
By Sabelo Mamba
High Court Judge Stanley Maphalala has reserved until this morning a judgement of a case in which three teachers and a nurse are seeking an order directing their employers to allow them to participate in the country's elections.
The judge said the verdict would be delivered this morning at 8a.m. The teachers are Mduduzi Simelane, who is a teacher at Mahlabatsini Primary School. Simelane is also a lead singer of Emagawugawu Gospel Group. Other teachers Isaac Mbongeni Simelane of Maloma Primary School and Thuli Francis Dlamini. The nurse is Musa Malangeni Dlamini of KaMfishane Clinic.
Teaching Service Commission's Executive Secretary Moses Zungu indicated to the teachers through a letter dated 31st July, 2008 that due to the number of teachers, who had shown interest in participating in the elections it would not be possible for the Commission to provide appropriately qualified relief teachers for the duration of the Parliament.
Government attorneys argued that the teachers could have opted for a resignation from the TSC other than to acquire leave of absence by way of court order.
The attorneys said the prejudice to be suffered by the students before left without a teacher towards final examinations was far great than that to be suffered by the teachers. Appearing for government was Bheki Tsabedze while Ntsika Fakudze and Zonke Magagula defended the applicants.