Labour adjudication in Swaziland: the exclusive jurisdiction of the Industrial Court

Abstract

When the Industrial Relations Act was enacted in Swaziland in 1980 its express object was to provide for the collective negotiation of terms and conditions of employment and for the establishment of an Industrial Court for the settlement of disputes arising out of employment. In turn, the avowed purpose for the establishment of the Industrial Court as the nerve centre and most important institution established by the legislative scheme was, and still is, “for the furtherance, securing and maintenance of good industrial relations and employment conditions in Swaziland”. As in the case of other industrial courts and labour adjudicatory institutions with special and limited jurisdiction elsewhere, issues surrounding the jurisdiction of the Industrial Court of Swaziland have given rise to a measure of controversy.