Cape Town - The National Union of Metalworkers of South Africa (Numsa) election for new leadership has now been declared null and void after the union’s application for leave to appeal against an interdict for their national congress, was denied.
Numsa’s Western Cape convenor, Vuyo Lufele, during a demonstration held at the Cape Town International Convention Centre (CTICC) where the 11th national congress – interdicted by the Labour Court – went ahead this week, said the union was non-compliant.
“The leadership here has gone ahead with the congress on the basis that they have complied with some parts of the court ruling (interdicting Numsa’s national congress). The judgment was clear that they must comply fully.
“They appealed against that judgment and on that basis they thought it’s easy for them to continue with the congress.The leadership that they have elected by four regions here is null and void.”
The Labour Court in Johannesburg handed down judgment for Numsa’s application for leave to appeal on Thursday.
In his judgment against Numsa’s application, Judge Graham Moshoana, said: “A trade union’s constitution is not to be interpreted like a commercial contract. There is no place for implied terms in a trade union constitution.
“It is a statutory document subject to the statutory requirements. The test for the granting of leave to appeal has not been met.”
Numsa national spokesperson, Phakamile Hlubi-Majola, said they would continue the court battle with an appeal against the decision.
“We want to set aside the whole judgment and the order handed down by Justice Moshoana. We believe we have a reasonable prospect of success and that the Labour Appeal Court will overturn the judgment on appeal.
“The judgment affects the operations of the union and it has the capacity to affect the operations of the organisation in future.
“The dispute is of significant importance to the parties and to the public at large and the interests of labour relations and industrial peace. This is why this dispute should sit before more than a single judge…
“Our attorneys have said we can continue with the congress until this matter is heard in the Labour Appeal Court,” said Hlubi-Majola.
This union was initially interdicted from going ahead with their five-day conference this week, after an urgent application was launched by union member, Ruth Ntlokose.
She had been suspended by Numsa’s Central Committee on July 14.
Ntlokose argued that in suspending her and other union members, there was non-compliance with the provisions of the constitution of Numsa as there was an intention to contest for positions in the congress.
Prior to her suspension, the union had suspended about 25 of its members in various regions and had also placed the Mpumalanga Regional Council “under administration”.
In the interdict, Judge Moshoana ruled: “The court does not prevent Numsa to hold the national congress, but it says Numsa can do so in line with its own constitution. It must be a just and equitable remedy for this court to effectively suspend… until Numsa complies with its own constitution…
“At the opening of this judgment, I remarked that a trade union exists for the workers and not for the leadership. The respondents in their opposing papers suggested that Ntlokose brought a political matter before court. This suggestion is, with respect, preposterous in the extreme.
“The case of Ntlokose is nothing more or less than a lament for compliance with the Numsa constitution.”
Numsa disputed any non-compliance with the constitution.
Cape Times