By Lehlohonolo Lehana.
The Labour court has stopped the National Union of Metalworkers of South Africa (Numsa) from holding its planned 11th national congress scheduled to take place from 25 to 29 July.
In addition, the court declared the suspension of Numsa’ second deputy president Ruth Ntlokotse and that of 30 other officials “unconstitutional, invalid and unenforceable in law”.
On Saturday, Judge Graham Moshoana in the Johannesburg Labour Court ruled that decisions of the union’s central committee to suspend a slew of members, including the union’s second deputy president Ruth Ntlokose, and to place the Mpumalanga Regional Council, NUMSA’s largest region, under ‘administration’ were “unconstitutional, invalid and unenforceable in law.”
On 18 July 2022, Ntlokose launched an urgent application in the Labour Court, seeking to have her suspension and those of other members overturned, and to interdict the national congress until the union complies with its constitution.
Judge Moshoana ruled that the suspensions of Ntlokose and others by the central committee were not within its powers, as defined by the union’s constitution.
The judge also ruled that the central committee did not have the authority under NUMSA’s constitution to place the Mpumalanga Regional Council under ‘administration’, which would have ruled out the region’s participation in the national congress.
The judge found that the participation of delegates in the national congress must be determined by a credentials committee, but none was appointed. Instead the central committee acted as a credentials committee, which Moshoana ruled was unconstitutional.
“The members of Numsa deserve better and proper protection. To have a leadership or structure that unashamedly flout the founding document of the constitution is not in the best interest of the general membership,” the judgement read.
Numsa could not be reached for comment.