By EDN Reporter
THE letter by the Federation of Eswatini Business Community (FESBC) to the Competition Commission calling for an investigation into Inyatsi Group Holdings has raised questions regarding the real motive behind the move.
This comes as the Ministry of Commerce, Industry and Trade has revealed that the organisation did not follow proper channels to file the complaint. Minister Manqoba Khumalo said all investment decisions are governed by relevant laws of the country and legitimate concerns should be registered through the relevant legal channels.
He noted that this was, however, not the case with the letter from FESBC. Khumalo further added that the ministry engaged FESBC executives in this process to encourage them to allow investors to follow due processes.
The minister said “All chiefdom issues are reported to Government through the office of the Regional Administrator after being informed on the concerns by the affected parties in those Chiefdoms, not FESBC. However, in this case, nothing has been communicated to the Regional Administrator for the appropriate assessment of the concern.
The registration of concerns with the Competition Commission has also not been legally made as contained in the relevant legislation.” “The letter that was maliciously circulated does not constitute registration of a concern and FESBC has been previously advised of this.
Furthermore, the public citing of different agencies without consultation has been noted as a concern that discredits the basis for the allegations. It is therefore worrying that such an approach from FESBC could negatively affect the positive investment and growth climate in the country, resulting in the loss of employment already created and yet to be created,” Khumalo said.
The minister added that FESBC’s actions amount to unwarranted investor harassment, and urged the organisation to act by the law in all its dealings, and not inadvertently destroy the very jobs that the country desperately needs.
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The underhanded tactics of FESBC and former Maloma Colliery worker Mavela Sigwane have also resulted in the Inyatsi Group filing an urgent court application which is set to be heard on Monday. Following the filing of papers and a press briefing held by Inyatsi Group on Friday, Sigwane has upped his vitriolic ante by going in the direction of hate speech, xenophobia and inciting violence.
Sigwane circulated a voice note and a video over the weekend with xenophobic, hate speech disguised as freedom of expression and violent undertones directed at the Inyatsi Group executives. The former employee has seemingly opted to use underhanded tactics to spread his message while defaming, sowing divisions and misleading the public.
In line with the laws of the country and Khumalo’s statement, Inyatsi Group has taken the legal route to protect its staff members and assets. Inyatsi Group Holdings CEO Derrick Shiba, in his affidavit, narrated how the contents of the voice notes were putting Inyatsi and its staff members at risk, referencing similar instigations that resulted in the company losing millions after arson attacks on property in the political unrest that took place in the country in 2021.
On his voice note, Sigwane cited a biblical scripture, Exodus 14 verse 13, whereby Moses was talking to the Israelites not to be in fear anymore for the Egyptians that were before them would be no more. In this context, he labelled the Group’s executives as ‘Egyptians’ and insinuated that Inyatsi and Maloma had to be destroyed and such ruination was impending, basically inciting emaSwati to join forces in a crusade against Inyatsi.
According to Shiba, the ‘Egyptians’ reference by the Group has been translated that it must be annihilated. Sigwane’s vitriol has resonated with fugitives from justice who are wanted in connection with the 2021 unrest such as former Siphofaneni MP Mduduzi ‘Magawugawu’ Simelane who are now using similar tactics to instigate xenophobic and violent behaviour towards Inyatsi and its directors.
Having indicated the shortcomings and flaws of FESBC, Khumalo has also found himself at the receiving end of defamatory remarks and calls for his resignation. Shiba added that the voice note constitutes incitement calculated to incite harm and propagate hatred against Inyatsi and Maloma.
The Group stated that it has a right to protect its business and restrict Sigwane and FESBEC from continuing with the incitement of emaSwati against it. “The applicant will suffer irreparable harm which cannot be compensated by a claim for damages in the event people act in the incitement and institute political violence against the applicant,” reads the affidavit.
The Group referenced the damage that was perpetrated between 2021 and 2022 which was of catastrophic proportion, whereby the group lost over E65 million when its property was torched. At the time, the Group stated that the arson attacks created an unsafe working environment for its dedicated team.
During this period, the Group’s employees had to be on unpaid leave whilst ongoing projects valued at over E700 million had to be temporarily suspended. As a consequence of malicious and false statements that were peddled by various people, Inyatsi was eventually forced to suspend all operations to protect human life, plant and equipment.
The Group’s urgent application is its way of interdicting Sigwane from continuing to make calculated statements meant to incite hatred against his former employer, as it may lead to political violence.
The Group notes that Sigwane has elected to engage in a public campaign and for that reason, the Group has no other remedy than to interdict the wrongdoing before irreparable damage is caused.
Inyatsi further submitted that incitement in the context of its recent history is a very serious matter, therefore, it is a reasonable apprehension that it may suffer a repeat of the arson attack. The matter will be heard at the High Court on Monday morning.
