By Lehlohonolo Lehana.
The Labour Court has denied the National Union of Metalworkers of South Africa’s (Numsa’s) application for leave to appeal its ruling interdicting it’s national conference.
On Wednesday morning, NUMSA’s general secretary Irvin Jim said in a press statement that, “the NUMSA 11th NC is proceeding as planned and in full compliance with the Labour Court’s judgment (irrespective of the fact that the judgment has been suspended as a consequence of the filing of NUMSA’s application for leave to appeal against the said judgment).”
The ruling ordered the union to only hold the congress when it had fully complied with the terms of its own constitution.
Despite the ruling, the union went ahead with the congress on Wednesday based on its own interpretation of the ruling.
Numsa has sought leave to appeal this ruling and proceeded with the congress.
The Labour Court ruled on Thursday morning after Numsa appealed a weekend interdict compelling the union to rectify the suspensions and congress arrangements before going ahead with the gathering. In the meantime, Numsa lifted the suspension of officials and continued with the congress.
The lawyers for the formerly suspended officials told Labour Court Judge Graham Moshoana that the union’s special central committee (SCC) did not have powers that supersede the union’s constitution.
It was a meeting of the SCC of Numsa that placed South African Federation of Trade Unions president Ruth Ntlokotse on suspension earlier this month.
Thursday’s ruling said that if leave to appeal were to be granted, the decision of the Labour Appeals Court would have no practical effect for either of the parties because the union decided to proceed with the congress despite the interdict.
“In my view, the mootness of this appeal is plain. The interdictory relief sought has been overtaken by events. The action which it was formulated to prevent has occurred. The relief which was sought is now perfectly academic,” Moshoana’s order said.
Numsa general-secretary Irvin Jim and Numsa president Andrew Chirwa were re-elected unopposed at the congress on Wednesday evening.
Jim meanwhile has accused the leadership of the union’s umbrella federation, the South African Federation of Trade Unions (Saftu) accusing its leaders of trying to influence, and even sabotage its national congress.
He said Saftu national office bearers claimed collective unity of its affiliates but does not consult with affiliates before taking positions publicly. He slammed Saftu’s leadership as arrogant and accused Ntlokotse of trying to sabotage Numsa and its congress.