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Viewing cable 08MBABANE194, SWAZI POLICE UNION LOSE IN SUPREME COURT

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Reference ID Created Released Classification Origin
08MBABANE194 2008-07-08 04:19 2011-08-30 01:44 UNCLASSIFIED Embassy Mbabane
R 080419Z JUL 08
FM AMEMBASSY MBABANE
TO SECSTATE WASHDC 3143
INFO SOUTHERN AF DEVELOPMENT COMMUNITY
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 
 
 
PARKER