Despite the Labour Court dismissing the National Union of Metalworkers of South Africa’s (NUMSA) request for leave to appeal the interdict against its congress, the gathering went ahead on Thursday and even carried out elections for top officials.
Judge Graham Moshoana had earlier warned that the union’s decision to continue with the congress despite the interdict was “unguided and unwise”.
The congress was interdicted after suspended officials persuaded the court that the union had failed to follow its own rules regarding attendance at the national congress.
NUMSA’s suspended second deputy president, Ruth Ntlokotse, who secured the interdict on Saturday, 23 July 2022, warned the union would be in contempt of court if it went ahead with the congress.
However, the NUMSA congress being held in Cape Town at a cost of R39 million went ahead on Thursday and even held elections.
Irvin Jim retained his position as general secretary, while Andrew Chirwa was re-elected as the union’s president.
Mbuso Ngubane was elected as deputy general secretary, Mac Chavalala as 1st deputy president and Mphumzi Maqungu as National Treasurer.
Commenting on the judgment dismissing NUMSA’s appeal against the interdict, Jim said: “The National Union of Metalworkers of South Africa has noted the decision of the Labour Court by Justice Moshoana to deny the union leave to appeal”.
Jim added: “NUMSA will file an application for Leave to Appeal and petition directly to the LAC for direct access.
“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 Appeals Court will overturn the judgment on appeal.”
Jim said the judgment affects the operations of the union.
“The dispute is of significant importance to the parties and to the public at large and the interests of labour relations and industrial peace and this is why this dispute should sit before more than a single judge,” said Jim.
“‘One of the main reasons driving the union to petition the (LAC) directly is the fact that the judgment makes authoritative rulings on what NUMSA leadership structures can and cannot do.”
Disputing the ruling, Jim said the judgment declares that the Central Committee (CC), which represents the majority of regions, was unable to place dysfunctional regions under administration.
Jim said NUMSA’s constitution states that the CC may take over the management of the affairs of any region where a Regional Executive Committee has been suspended.
“The court erred when it found that the CC does not have the power to suspend. In terms of the constitution any decision of the NEC or any other lower structure is subject to review by the CC,” Jim insisted.
“The CC is the highest decision-making body between congresses. These and other factors are some of the issues we will be raising in the court application.
“Given that we will petition directly to the Labour Appeals Court, this will suspend the operation of the decision handed down by Justice Moshoana to deny the union Leave to Appeal, as per Section 18 of the Superior Courts Act of 2013.
“Our attorneys have said we can continue with the congress until this matter is heard in the LAC. Aluta continua!”
