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“Regulate do not prohibit” says Business Eswatini

Ezulwini – Eswatini risks losing more than 20,000 jobs if Parliament passes Section 129 of the Employment Bill No. 12 of 2024, which would outlaw triangular employment arrangements, Business Eswatini (BE) has warned.

The warning came during the launch of BE’s Impact Analysis Report on Friday, 12 September 2025, at the Royal Villas in Ezulwini. The report draws on surveys from 71 employers across sectors including security, agriculture, cleaning, and construction, as well as international labour standards and regional practices.

Triangular employment, where workers are hired through private agencies, is widespread in Eswatini. The proposed law would require all such arrangements to end within 12 months of enactment. BE Chief Executive E. Nathi Dlamini said the ban could push unemployment beyond the current rate of 34%, putting vulnerable groups, particularly youth and women, at risk.

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An industry stakeholder comments on the potential impact of Section 129 of the Employment Bill during the launch of Business Eswatini’s report in Ezulwini.
An industry stakeholder comments on the potential impact of Section 129 of the Employment Bill during the launch of Business Eswatini’s report in Ezulwini.

The report projects that 11,700 direct jobs and 8,000 indirect jobs could disappear, affecting SMEs and essential services. Sugar estates, which rely on seasonal triangular workers for harvesting and rural services, as well as the security sector with over 15,000 workers, would face significant disruptions. Forestry and agriculture, dependent on 22,000 seasonal staff, could face unsustainable payroll costs if forced to hire directly.

Ninety-seven percent of surveyed employers opposed the ban, arguing that regulation of private employment agencies, stronger labour inspections, and sector-specific codes of conduct would protect workers without harming businesses. BE’s Head of Industrial Relations, Nelisiwe Mtshali, noted that the International Labour Organization (ILO) also recommends regulation over prohibition under Convention 181.

The report further warns that a blanket ban could conflict with Section 32(1) of Eswatini’s 2005 Constitution, which guarantees the right to engage in lawful trade or business. Dlamini said a balanced regulatory framework could safeguard workers while preserving business operations and community livelihoods.

Acting Labour Commissioner Kingdom Mamba attended the launch and engaged with industry leaders, who called for evidence-based policies to protect jobs and secure Eswatini’s economic future.

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