INDUSTRIAL COURT OF SWAZILAND
the matter of:
OF NATURAL RESOURCES………2nd
ERNERGY THE ATTORNEY-GENERAL..3rd
NDZINISA : MEMBER
MANGO : MEMBER
APPLICANT : T. MLANGENI
RESPONDENT : M. SIBANDZE
RESPONDENT : NO APPEARANCE
RESPONDENT : NO
matter is before the court on a certificate of urgency. The 1st
Respondent's attorney raised points in limine and therefore had
the liberty to address the court before the Applicant's attorney.
the 1st Respondent's attorney was through, the court
adjourned due to time factor and the matter was postponed.
Applicant in the meantime filed a Notice of Amendment. The Applicant
sought to amend its prayers in the main Application by adding an
alternative prayer to prayer 2 thereof which would read as follows,
the First Respondent is hereby directed to arrange a re-hearing of
the disciplinary charges against the Applicant, dated 23rd
AGAUST 2004 and to make all such ancillary arrangements as may be
necessary to enable the Applicant a hearing in respect of the said
Application is opposed by the 1st Respondent.
1 Respondent's attorney argued that since this court has no power of
review, there was no good reason for it to grant the amendment
sought, as it would be precluded to make any order on that prayer
owing to its lack of jurisdiction to review proceedings of other
Applicant's attorney tried to argue that a re-hearing was not
necessarily the same thing as a review. That argument was clearly
casuistic, especially when one takes into account the grounds upon
which the re-hearing is requested.
is trite law that amendments may be made at any stage before
judgement. The court approached this Application in that frame of
are, however, persuaded by the 1st Respondent's attorney's
argument that there will be no point in granting the amendment in
this case, as it would merely be academic, and a waste of time
because this court has no jurisdiction to grant the order sought
under that prayer.
result is that the Application is dismissed with no order as to
date for the matter will be set in court. The Members Agree.