Pretoria - The Communications Workers Union (CWU) has been hauled to the Labour Court in Braamfontein, Johannesburg, for allegedly holding an “invalid” and “constitutionally unlawful” special congress last month.
According to insiders close to the union, its troubles started with the infighting between its president Clyde Mervin and its secretary-general Aubrey Tshabalala in October 2021.
The spat between the two resulted in the suspension of Tshabalala with full pay, while he was being accused of failing to perform his duties and going on unauthorised overseas trips while refusing to account to Mervin.
Tshabalala has maintained his innocence and reinstated himself as secretary.
The two were elected during the union’s last congress five years ago, which meant their terms lapsed in 2021, and the union was due for a special congress.
According to the source, the Department of Labour and Cosatu intervened on the matter, giving a directive to the union to hold an elective meeting in December.
However, the meeting that took place was marred with logistical issues that were affected by the fall-out between Mervin and Tshabalala, resulting in six provinces leaving the meeting.
Delegates from KwaZulu-Natal, Gauteng and the Free State continued with the meeting, while the Eastern Cape, Limpopo, Mpumalanga, Northern Cape, North West and the Western Cape did not participate.
The three provinces that participated re-elected Tshabalala and elected Mapule Dhlamini from the Free state as the new president of the structure.
However, Mervin has instituted legal action against the congress, seeking to interdict the new leadership from participating in any of the union’s activities.
In the intention to apply for the interdict letter addressed to Tshabalala, Dhlamini and the three provinces, Mervin – backed by structures of the six provinces – states that his lawyers will be making an application to the labour court on Friday.
The letter to the labour court reads in part: “The respondents (Tshabalala and company) are interdicted from taking any further steps to give effect to the decision taken at the invalid and constitutionally unlawful special national congress of the CWU held on December 22 and 23.”
Mervin is also intending to ask the court that all legal costs be paid by respondents.
In part B of the application, Mervin seeks for the court to set aside and declare the special national congress invalid, and that the election of the new office bearers also be declared invalid and set aside.
Both Tshabalala and Mervin did not respond to texts or phone calls made by the Pretoria News.
However, in a founding affidavit seen by the Pretoria News, Mervin claims that he is still a member of the CWU “in good standing” and still is its president.
He also accused Tshabalala of sabotaging last year’s special congress in his favour by failing to apply his logistical duties as secretary.
“The second respondent (Tshabalala) elected not to make the necessary travel arrangements for some of the delegates included on the congress list despite it being his responsibility to do so,” Mervin wrote.
He said because of this “dereliction of duty”, it resulted in a number of delegates who were in good standing not being able to attend the congress.
“Therefore, they were not able to exercise their constitutional rights in electing new office bearers of their choice.”
Pretoria News