LOSING TEACHERS WANT JOBS BACK

Swazi Observer

3 October 2008

ELECTION LOSING TEACHERS WANT JOBS BACK

By Njabulo Dlamini

FATE will determine the future of teachers who resigned from the profession to join the elections race.

Whether they are re-engaged or turned down upon reapplying, depends on the Teaching Service Commission.

TSC Executive Secretary Moses Zungu confirmed this yesterday noting there were certain agreements each aspiring politician teacher entered into with the employer.

"We cannot make an umbrella statement that the teachers who lost elections (yet had resigned) would be re-engaged as that would be a mistake on our part. Rather, each case would be weighed according to agreements between the parties - employer and employee," Zungu said.

He said they had not granted any teacher leave of absence as required by the constitution and had their reasons why this was not so.

Such saw teachers like Mduduzi Simelane of Emagawugawu fame seeking the intervention of the court after the TSC turned his request for leave of absence down.

He lost the court application.

"Rather than applying for leave of absence, we advised most of these teachers to instead resign from the profession and they obliged. Resigning is unlike seeking leave of absence.

"But then again, each case would be handled according to individual merit for those who resigned".

He specifically cited the case of Bongani Mdluli (Madlangemphisi MP-elect) who was teaching at Mswati II Methodist High at Sidvwashini area in northern Hhohho.

Contacted on the case of teachers who either opted for early retirement or resigned from teaching, SNAT Secretary General Dominic Nxumalo said they could not do a thing to help them since they had exercised their democratic and constitutional right by joining the elections.

"They should instead contact the employer (TSC) since this has nothing to do with the organisation," Nxumalo briefly commented.

Amongst those who opted for early retirement is former SNAT Recording Secretary Saladin Magagula, who was nominated at Hhukwini constituency.

He lost the elections but has challenged the results arguing that the eventual winner Mkhululi Dlamini is not a resident of Hhukwini. The case is pending in court.

Other teachers who won include; Ntuthuko Dlamini (LaMgabhi) and Future Ntshangase (Shiselweni I).

Link http://www.observer.org.sz/main.php?id=47360&section=main

TEACHERS BOSS SUMMONED TO KING

Times Sunday

24 August 2008

TSC’s Zungu summoned

By SIBONGILE SUKATI

MBABANE—The Executive Secretary of the Teaching Service Commission was last Monday summoned to Ludzidzini to explain why teachers were not being granted leave in order to participate in the upcoming elections.

Moses Vusumuzi Zungu had an audience with His Majesty King Mswati III where he explained in detail why teachers were not being allowed to join the parliament race. However, Zungu, when interviewed in his office on Thursday, denied ever being summoned to the royal palace.

"You are mistaken. I did not go to see the king on Monday, maybe it was someone else who looked like me," said Zungu with a coy smile.

The Times SUNDAY has it in authority that the TSC chief was at the palace for the better part of Monday.

Two officers close to the king who preferred anonymity confirmed that Zungu had spoken to the king about the elections issue and teachers not being granted leave of absence. "He further called a staff meeting on Tuesday where he briefed some of his officers about the visit to the king," said an employee of the TSC.

The TSC received over 55 leave of absence applications, but no teacher was granted this leave.

"Firstly, there is a shortage of teachers in some of the schools in the country and therefore granting leave to these people would be suicidal for us," said Zungu.

Zungu added that there are pupils that have to be considered who are in school.

"If we grant these people, leave who will fill up the post and what would happen to the pupils that need an education?" asked Zungu.

It was gathered that Zungu presented the same case to the king and said they did not have a relief facility for people who would be granted leave for five years.

Hopefuls

Zungu added that should the parliament hopefuls not make it in the election race they automatically expected their place to be waiting for them on their return.

"We cannot operate like that as people only want to be granted leave to see if they would make it and then come back if they do not, yet there are pupils to consider," said Zungu.

One of the teachers that took the TSC to court is popular gospel singer Mduduzi Simelane who leads the gospel group Mduduzi Nezinceku Zamagawugawu.

However, Simelane’s application was dismissed by the High Court on grounds that it did not have the jurisdiction as this was an employer-employee matter and therefore the Industrial Court was where he could seek relief.

Zungu told this publication that leave is only granted to teachers in selected cases such as maternity and study leave.

"Under these circumstances the TSC has time to look for a replacement for that particular period," said Zungu.

Zungu said as much as he wants all Swazis to participate in the elections there was nothing that he could do to assist the teachers. Section 97 of the Constitution states a person who is a member of the armed forces of Swaziland or is holding or acting in any public office and has not been granted leave of absence for the duration of Parliament is disqualified.

The only option for teachers who are aspiring parliamentarians is to resign from the teaching service.

Link http://www.times.co.sz/News/853.html

LECTURER CAN'T STAND FOR PARLY

Weekend Observer

16 August 2008


Hopes dashed

By Nelsiwe Ndlangamandla

Ngwane Teachers Training College lecturer Dumsani Ndlangamandla’s hopes of standing for elections under Ngudzeni area were dashed when he was told by the Elections and Boundaries Commission (EBC) that he will not be reinstated in the primary elections race.

Ndlangamandla was on Thursday escorted by over 200 Ngudzeni residents to the EBC Head offices at Nkhanini where they demanded that he be reinstated; otherwise they will not go to vote next week.

Ndlangamandla was nominated under Ndushulweni community in the Shiselweni region. He was disqualified from the elections because he did not have the letter which granted him leave of absence from work for five years.

When asked what will happen next he said he would let the people of his community decide.
He said the EBC told him that the gazette stated that nomination time was over so for that reason he could not stand for the coming elections.

Meanwhile, the Civil Service Commission (CSC) has sympathised with the situation public servants find themselves in, stating that the Constitution makes it clear that at nomination stage one should have resigned from his/her position.

“As a commission we may have liked to see it otherwise, like one getting leave of absence once he/she has been voted into whatever position, be it MP, Indvuna or Bucopho, but as it stands we have to work and replace those that have already asked for their leaves. The issue now is what happens if they fail, because they might find out that we have already filled their positions. But we are Swazis they may still have a chance if they fail,” CSC Commissioner Almon Mbingo said yesterday.

CSC Chairman Mntonzima Dlamini said the Constitution in section 97(c) states that a person will not qualify to stand as MP if he has not been granted leave of absence.

“Leave is a condition of service, whose custodians are the Ministry of Public Service and Information. They deal with the PS on that one, not us,” Dlamini said.

Dlamini said he cannot talk on behalf of cabinet ministers on why they remain in office as his is to deal with civil servants.

“Politicians’ matters are the responsibility of the appointing authority who decides on their fate in consultation with the Prime Minister,” he said.

The EBC was not available to comment on the issue when sought yesterday.

Link http://www.observer.org.sz/weekend/main.php?id=46193&section=mainweek

SCHOOL PRINCIPAL TO STAND IN POLL

Swazi Observer

6 August 2008

Desire to join election forces Saladin to retire

By Sisho Magagula

PRINCIPAL of Nyandza High School Saladin Magagula has retired from the teaching profession to join the national elections.

This follows the Teaching Service Commission’s refusal to grant him leave of absence as provided for by Section 97 of the national constitution.

The provision bars public officers from participating in the elections before being granted leave of absence by the employer.

Magagula, who was nominated over the weekend was asked why he stood for the elections when he did not have the letter indicating that he had been granted leave of absence.

“I applied for the leave of absence from the TSC and my application was turned down. I thought of taking the matter to the High Court but I decided against this idea because the case would have dragged well after the nomination stage, thus prejudicing me.”

“I opted for early retirement as envisaged by the law governing the teaching profession in this country; the Teaching Service Commission Act.”

Asked whether he was told the reason behind his application for leave of absence turned down, Magagula said the Teaching Service Commission (TSC) claimed that it would be difficult to replace him.

This is the same reason advanced to other teachers who applied for the leave of absence to stand for the elections.

Magagula is an executive member of the Swaziland National Association of Teachers (SNAT) serving as recording secretary.

Comfort Dlamini, another executive member, has also joined the elections race.

This flies on the face of a statement made by SNAT earlier that the organisation does not recognise the entire election process as it is apparently ‘undemocratic’.

Magagula said he had exercised his constitutional right to stand for the elections.

“This is a right conferred upon me by the supreme law of the land. SNAT also recognises and respects fundamental human rights. I joined the elections in my capacity as Saladin Magagula, not as a SNAT member.

Link http://www.observer.org.sz/main.php?id=45928&section=main

SWAZI TEACHERS WAIT COURT VERDICT

Weekend Observer

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.

Link http://www.observer.org.sz/weekend/main.php?id=45826&section=mainweek

ANGER AT BAN ON SWAZI TEACHERS

Swazi News

2 August 2008

Sive siyinqaba attacks TSC on barring teachers from elections

MBABANE - The action by the Ministry of Education to deny teachers an opportunity to stand for the forthcoming polls has ignited different reactions from society.

Seething with anger, Sive Siyinqaba Publicity Secretary Zibuse Simelane said the action was inconsistent with what is always preached about the country’s system of governance.

"We believe that the system is democratic, but that should not only be on paper. It should be seen to be democratic," he said.

Simelane said his organisation was worried because these latest turn of events were against the dictates of the constitution.

"This is a national exercise and everyone should be allowed to participate. This can either be by voting or being voted for," he said.

He said the action by government to bar other sections of society from contesting the polls had a potential to divide the nation.

The perception created by the action, he said, would also create the perception that authorities were against certain people standing for the elections.

Simelane’s outburst comes in the wake of the Teaching Service Commissions (TSC) decision to turn down applications for leave of absence from service, which were filed by teachers intending to stand for the elections.

eligible

The constitution stipulates that public servants are not eligible to stand for the polls.

An aspiring legislator is given two options to pursue in order to be eligible to stand for the elections.

One can either resign or seek a five-year leave of absence from his employer (government).

It has come to this publication’s attention that some teachers who were already pursuing hopes to go into the legislative chambers were denied by their employer that right.

In the possession of this newspaper is a letter addressed to one teacher where the TSC puts it in no uncertain terms that it would not grant a certain teacher the opportunity to be voted into the august House.

"Pursuant to your application for leave of absence to participate in the forthcoming National Election, I am directed by the TSC to inform you that the application has not been approved," reads the letter.

The teacher’s application for the five-year leave of absence was turned down.

But the teacher did not take kindly to the response, hence legal proceedings have already been instituted against the TSC.

The Swazi News also gathered that there are many other cases where teachers were denied their right to participate in the forthcoming elections.

Link http://www.times.co.sz/News/318.html