IN THE INDUSTRIAL COURT OF SWAZILAND
HELD AT MBABANE THIS THE 7TH DAY OF JUNE, 1994
BEFORE THE HONOURABLE
MR. SAMSON BANDA, PRESIDENT OF THE INDUSTRIAL COURT SITTING WITH
CASE NO. 6/94
In the matter between:
PHILIP DLAMINI & 19 OTHERS Applicant
and SWAZILAND GOVERNMENT (C.T.A.) Respondent
BEING: AN APPLICATION BY THE RESPONDENT ASKING THE COURT TO DISMISS THE APPLICATION STATING THAT IT IS IMPROPERLY BEFORE COURT.
WHEREUPON: AFTER HEARING BOTH COUNCILS MR. P. R. DUNSEITH FOR THE APPLICANTS
AND MR. J. MAGAGULA FOR THE RESPONDENT.
HAVING HEARD THE EVIDENCE OF THE APPLICANTS AND THE WITNESSES for the Respondent. D.W.2. clearly stated that he saw the Report of Dispute at the C.T.A. and this was also confirmed by P.W.2 who was at the relevant time working at the C.T.A. as a Secretary. In view of such unchallenged evidence that was at the disposal of the Respondent, we wonder why the Respondent initiated this action and revised this Point in Limine at all.
On the evidence before us we are satisfied that the Report of Dispute was indeed served upon the Respondent at the relevant time. The Respondent's Point of Law or Point in Limine is hereby dismissed.
The Applicants have applied for costs of this days proceedings and the Respondent said it cannot resist an order of costs.
We do not agree with the Applicant's Attorney and same is now conceded by the Respondent's Attorney that the Respondent in this action acted frivolously, vexatiously and with deliberate delay in these proceedings. We feel it is an ideal case in which the Provisions of Section 11 of the Industrial Relations Act have been discharged. We condemn the Respondent in costs for this matter, that is the action raised on the Points in Limine.
BY ORDER OF THE COURT Given under my hand and seal of the Court this 7th Day of June, 1994.
REGISTRAR INDUSTRIAL COURT