IN THE INDUSTRIAL COURT OF SWAZILAND
HELD AT MBABANE CASE NO. 155/2000 (A)
In the matter between:
SWAZILAND TELEVISION AUTHORITY APPLICANT
and
LWAZI HLOPHE & 31 OTHERS RESPONDENTS
In Re:
LWAZI HLOPHE & 31 OTHERS APPLICANTS
and
SWAZILAND TELEVISION AUTHORITY RESPONDENT
CORAM:
NDERINDUMA: PRESIDENT
JOSIAH YENDE: MEMBER
NICHOLAS MANANA: MEMBER
FOR APPLICANT: S.SHONGWE
FOR RESPONDENT: M.MKHWANAZI
RULING ON STAY OF EXECUTION
24/04/02
The Applicant has demonstrated that it has an arguable appeal before the Industrial Court of Appeal on some issues of law even though a lot of grounds raised were factual and thus not appealable.
The decretal amount awarded to the Applicants is large and it is in the interest of justice that payment is stayed pending the determination of the appeal. However, the stay is granted only on condition that the total sum is
2
deposited in an interest bearing trust account jointly held by counsel for the parties.
As concerns the issue of re-engagement, Section 15 (5) of the 1996 Industrial Relations Act, provided a procedure to be followed where the court has re-instated or re-engaged an employee in terms of Section 15 (2) (a) and (b).
The factual considerations that go into the determination of an award of reinstatement or re-engagement are set out under Section 15 (3) and these are issues of fact that cannot constitute grounds of appeal to the Industrial Court of Appeal
The Applicant has failed to follow the procedure aforesaid and has also not demonstrated that it would suffer irreparable harm if it were to re-engage the Applicants pending appeal.
The court in the circumstances of the case, declines to grant a stay in respect of the court's order for re-engagement
The Members Agree.
NDERI NDUMA
JUDGE PRESIDENT- INDUSTRIAL COURT