Africa’s last remaining absolute monarchy is being sued for race discrimination by a Jewish chauffeur who worked for them at their UK High Commission.
In a rare case, the Kingdom of Eswatini, known as Swaziland until 2018, is being taken to an employment tribunal by their former driver Adam Gale.
Mr Gale was employed as a chauffeur for both the kingdom’s High Commissioner and members of the Eswatini royal family.
The chauffer met the South African nation’s monarch King Mswati III during his visit to Britain for King Charles’s coronation in 2023, a hearing in London was told, and drove other members of the kingdom’s royal family to official events as well as taking their children to boarding school.
Mr Gale, however, alleges that during his time working for the country’s diplomatic mission he was a victim of race discrimination as well as unfair dismissal.
The tribunal has now decided that Eswatini, which is home to just over a million people and was where actor Richard E Grant was born and raised, does not have state immunity against Mr Gale’s claims.
Mr Gale was employed by Eswatini between September 2022 and June 2023 and was based at the High Commission - situated a four-minute walk from Buckingham Palace.
He was paid £36,000 a year, and most of the time he chauffeured the country’s High Commissioner Thandazile Mbuyisa.
The chauffer met King Mswati III during his visit to Britain for King Charles’s coronation in 2023
The High Commissioner told the tribunal that the High Commission aims to promote the political and socio-economic interests of Eswatini in the United Kingdom.
The tribunal heard: ’[Mr Gale] acted principally as chauffeur to the High Commissioner.
’He used the appropriate diplomatic form of address for the High Commissioner - ’Her Excellency’.
’[He] also drove the Mission’s other diplomatic agents, senior government dignitaries - for example, the Principal Secretary of the Ministry of Foreign Affairs - and members of the Royal Family, mainly to official events."
Mr Gale’s six month probation period was extended by the High Commissioner in March 2023 because of a ’Failure to exercise patience while on duty’, the hearing was told.
She also said he needed to improve on his diplomatic driving etiquette and time management.
On his role in King Charles’ coronation, the tribunal said: ’During the time of the Coronation of King Charles III, the detailed coronation events schedule was shared with [Mr Gale].
’[Mr Gale] was in contact with the close protection officer and Chauffeur who had been assigned by the UK Government to King Mswati III of Eswatini, in case [Mr Gale] needed to follow their vehicle.
’[Mr Gale] met King Mswati III during his visit to Britain for the coronation.’
King Mswati III, 56, has held a political and ceremonial role in Eswatini since his coronation in 1986.
King Mswati III pictured in 2024 ahead of the inauguration of South Africa’s Cyril Ramaphosa as President
Mr Gale alleges that during his time working for the country’s diplomatic mission he was a victim of race discrimination as well as unfair dismissal
The king, who has dozens of children and is soon to marry his sixteenth wife, has been criticised for living a lavish lifestyle while most of the population lives in poverty.
The tribunal heard that Mr Gale chauffeured nine of King Mswati III’s children, all of whom live in the UK.
’Ensuring the comfort, security and wellbeing of the nine royal children who attend school and University in the UK is a key aspect of the Mission’s role in protecting Eswatini’s interests in this country,’ the hearing was told.
’[Mr Gale] undertook driving duties for members of Eswatini’s Royal Family, and, in particular, the children of that family, to their boarding schools.
’The Royal children would be accompanied by the Counsellor or other members of the diplomatic staff.
’Occasionally the Claimant would drive the Royal Family adult children unaccompanied for a short journey, for example to University in London.
’He shared these driving duties with the other drivers employed by the [High Commission]."
Mr Gale was fired from his job soon after King Mswati III came to Britain for King Charles’ coronation and is now suing the Kingdom under British workplace laws.
The tribunal had to establish whether Mr Gale’s job exercised Eswatini’s sovereign authority, because this would protect the country from being sued under international law.
If it was, then he could not pursue his claims for unfair dismissal, wrongful dismissal, race discrimination, failure to pay notice pay and unlawful deductions from wages in relation to overtime pay.
The kingdom argued that because Mr Gale was driving important individuals, he was protecting the interests of the state, and therefore his claim would be barred by state immunity.
It said that he was in ’an important position of trust and responsibility’
The tribunal heard: ’It said that [Mr Gale] was entrusted with maintaining the security of these individuals and the High Commission and was privy to confidential information.
’It said that he was therefore closely involved in protecting, in the UK, the interests of the Kingdom of Eswatini and of its nationals within the meaning of Article 3(1)(b) of the Vienna Convention on Diplomatic Relations."
The kingdom also told the tribunal that Mr Gale could overhear the conversations taking place in the car and on the phone.
It added that the High Commissioner would speak in her own language, Siswati, as well as in English.
Ms Mbuyisa told the tribunal that the High Commission works to ’Strengthen diplomatic ties, as well as economic and trade relations with countries of accreditation’.
She said it also promotes trade, investment and tourism to Eswatini, and facilitates education and cultural links with other countries.
Ms Mbuyisa said the High Commission wants to enhance Eswatini’s participation in the Commonwealth.
It also provides services and assistance to people from Eswatini living in the UK and ’investors, tourists, charitable organisations and business people’.
Rejecting the kingdom’s argument, Employment Judge Jill Brown said: ’I acknowledged that members of diplomatic staff are key representatives of State and that their safety is protected under diplomatic law.
’However I did not accept that, because a chauffeur would be expected, in the course of their work, to convey their passengers safely to their destination, that a chauffeur was thereby charged with protecting the interests of the State’s important nationals in the sending State.
’Safe driving would incidentally, at a basic level, protect the health of a car’s occupants.
’However, I did not accept that ensuring the safety of those key representatives of the State was a function of a chauffeur.’
Eswatini, a sugar-producing country, also claimed that Mr Gale was involved in sugar trade negotiations and other initiatives in the kingdom’s interest.
The judge found that it was actually Mr Gale himself who attempted to ’leverage his position’ in order to ’further his own and his friends’ business ambitions’.
Judge Brown said that ’his attempted business ventures were, essentially, quietly rebuffed’ by his employer.
Mr Gale’s claims will be heard in full at a later date.
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