HIGH COURT – IN its application for an order compelling the police to reopen its business premises at Madlenya House and return equipment allegedly seized during a police operation, XWin (Proprietary) Limited has named three locals as the only directors of the company.
The company yesterday approached the High Court seeking an urgent order for the reopening of its business. Managing Director (MD) Nhlanhla Tsabedze deposed to the founding affidavit in support of the urgent application. He filed an urgent application against the national commissioner of police, the minister of commerce, industry and trade, and the attorney general, arguing that the closure of its operations was unlawful and had placed hundreds of jobs at risk.
Tsabedze further submitted that the company was wholly owned by Emaswati and operates under a valid hire service licence issued by the ministry of commerce, industry and trade.
“XWin is a 100% Swati-owned entity. Its directors are myself, Ntuthuko Fakudze and Ncobile Mncina, all of whom are citizens of Eswatini,” he stated, adding that the company holds a valid hire service licence issued under licence number MBA 2004/2025.
According to the court papers, the company is seeking an order directing the police to immediately restore its peaceful possession of the premises located on the second floor of Madlenya House along Gwamile Street. The company also wants all equipment seized during the police operation returned.
The application was filed through attorney Linda Dlamini, who certified the matter as urgent. In his certificate of urgency, Dlamini stated that the company operates a 24-hour global service and that every hour of closure results in severe financial losses.
“The matter is urgent given the fact that the applicant operates a 24-hour global service. Permanent
‘Each hour the business remains closed results in massive financial penalties under their international BPO agreements and the permanent loss of clients to competitors in other jurisdictions,’ he stated.
Tsabedze stated that the company was a Business Process Outsourcing (BPO) entity that provides 24-hour call centre services and technical support for an international online gaming platform operated by a client based in Hong Kong. He emphasised that the company itself does not offer gambling services to the public.
“I wish to state categorically that the applicant does not provide gambling or gaming services to the public within Eswatini or elsewhere. Its function is strictly administrative, providing support, registration assistance and handling inquiries for the offshore platform,” he said.
According to the affidavit, the dispute arose on March 23, when officers of the Royal Eswatini Police Service allegedly arrived at the company’s offices and ordered employees to stop working.
Tsabedze alleged that more than 100 employees were instructed to immediately cease work and vacate the premises.
“Without producing a search warrant or any court order, the officers ordered all employees to cease work and vacate the premises,” he stated. He further alleged that the police seized laptops, mobile devices and server equipment used in the company’s operations.
In addition, Tsabedze alleged that the police cordoned off the entire office floor using crime scene tape, preventing the company from accessing the premises.
Tsabedze said he was later informed that the police were acting on allegations that the company had violated the Trading Licences Order and the Immigration Act. He also confirmed that he was arrested in his capacity as a director, but was later released on bail by the Mbabane Magistrate’s Court.
This comes after a significant number of about 50 foreign nationals were taken in by police on March 23 at Madlenya House, ferrying them on a bus to the police station. However, only six of the nationals made it to the Magistrate’s Court on March 25 where they were remanded into custody until March 30.
The accused are Vu Thi Hoai Thaoh from Vietnam, Theimmwae P. Sone from Malaysia, Truong Thunga from Vietnam, Lie Man from Myanmar and Inzaman Patel from India.
About 250 stand to lose jobs
THROUGH its lawyer Linda Dlamini, the company further submitted that about 250 local employees depend on the business for their livelihoods.
“The livelihoods of 250 local employees are currently in jeopardy. These employees are Swati youths who depend entirely on this employment,” he said.
Dlamini argued that if the matter follows the normal court process, the company would suffer irreparable harm as its operations would already have been destabilised by the time the matter is concluded.
“The commissioner of police’s actions constitute a grave violation of XWin’s right to administrative justice as provided for under Section 33 of the Constitution and the right to protection from deprivation of property under Section 19,” he said, arguing that shutting down a company employing about 250 Swati citizens without any hearing or judicial oversight was arbitrary.
“The summary closure of a business that employs about 250 Swati citizens, without a hearing or judicial oversight, is an arbitrary and high-handed exercise of power that cannot be countenanced in a society governed by the rule of law,” he said, adding that continued closure of the business could result in severe financial losses and the collapse of the company.
In its notice of motion, the company is seeking an order declaring the closure of its business by the police on March 23 unlawful and arbitrary. It is also asking the court to interdict the police from interfering with its operations without a valid court order or due legal process.
The company further wants the court to order the respondents to pay the costs of the application on an attorney-and-client scale.
