SWAZI POLICE UNION LOSE IN SUPREME COURT

UNCLAS MBABANE 000194


DEPT FOR AF/S (MNAYLOR)
DEPT FOR DRL (NWILETT) (TDANG)

E.O. 12958: N/A
TAGS: PGOV ELAB KDEM PREL WZ
SUBJECT: SWAZI POLICE UNION LOSE IN SUPREME COURT

REF: 07 MBABANE 0530



1. SUMMARY: On May 23, Swaziland's Supreme Court upheld the High
Court's ruling denying police and correctional officers union the
right to register as a union. The unregistered Swaziland Police
Union (SWAPU) and Swaziland Correctional Officers Union argued they
have the right to form and register a union, while the government
argued that current laws prohibit the formation and registration of
any unions within disciplined forces (army, police, and correctional
services). SWAPU was formed in February 2007 by junior officers
unhappy with the pay scale and working conditions. This ruling marks
the end of the domestic legal process for SWAPU. END SUMMARY


2. On May 23, the Swazi Supreme Court upheld the High Court ruling
banning the registration of unions within the disciplined forces.
SWAPU argued that the Industrial Relations Act conflicted with
provisions in the Constitution guaranteeing the right to freedom of
expression and association. The court did acknowledge lack of
bargaining power of junior officers, inability to force improvements
in salaries and working conditions, and the inconsistencies in the
legislation. The court concluded its decision by stating Parliament
should urgently reconsider the conflicting articles of legislation.

RECENT DEVELOPMENTS


3. On May 30, local media reported that police were to receive a 15
percent pay raise retroactive to April 1, helping to close the wage
gap between senior and junior officers. SWAPU President Buhle
Dlamini, a former junior police officer who says he was dismissed
for his involvement in the union, said the pay raise does not meet
the needs of junior officers. Their other grievances include: poor
housing, unreliable communications equipment, poor working
conditions for officers assigned to security details, the lack of
life insurance, and lack of safety equipment such as bullet-proof
vests. According to the union there is tremendous solidarity and
support among junior officers regarding union demands, but most fear
dismissal from the force if associated to it publicly. The union
has essentially given up any hope of gaining the right to strike but
is focusing on recognition as a collective bargaining body.

WAY FORWARD


4. With no further domestic legal options, SWAPU wants to use the
Southern Africa Development Community (SADC) tribunal to achieve its
goals. The SADC tribunal is responsible for ensuring member state
compliance with SADC laws. The court's rulings are binding on
member states. SWAPU believes the tribunal would be impartial and
more likely to reach a favorable judgment. A lack of funding is the
most serious challenge to pursuing this channel. Another option is
to turn local police staff associations into a quasi-union which
could negotiate on behalf of junior officers and secure collective
agreements.


5. COMMENT: The two most likely strategies for the union to
achieve its goals are through the SADC tribunal and the linking of
police associations. Many of the union executives are running for
parliament in upcoming elections, in the hope of working from the
inside to change legislation that prevents them from formally
unionizing the police force. The parliamentary route is the most
challenging, and it is highly unlikely that union leadership would
be able to make any progress in the absence of greater political
reform, such as the recognition/inclusion of political parties and a
constitutional review. END COMMENT


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