Cape Town- The Labour court in Johannesburg has stopped the National Union of Metalworkers of South Africa (Numsa) from holding its planned national congress next week.
The judgement, made today, followed an urgent court case heard on Friday where Numsa's second deputy President, Ruth Ntlokotse and other suspended officials sought an interdict against the union leaders.
The court also ruled suspensions unconstitutional, invalid and unenforceable in law.
“Numsa is interdicted and restrained from proceeding with the 11th National Congress scheduled to take place on 25-29 July 2022, until it fully complies with the terms of its own constitution,” read the judgement.
Ntlokotse lodged the urgent application challenging the suspensions of herself and 50 other members on the basis that it was unconstitutional.
Judge Graham Moshoana also said in his judgement that a trade union existed for the workers and not for the leadership.
“The respondents in their opposing papers suggested that Ntlokotse brought a political matter before the court. This suggestion is with respect preposterous in the extreme,” said Moshoana.
He described the Ntlokotse matter as “nothing more or less than a lament for compliance with the Numsa constitution”.
Moshoana also said the leadership tussle within worker organisations was becoming “cancerous in this country and it certainly diverts what is supposed to be a worker association into personal fiefdoms”.
He urged the union's Central Committee to do a serious introspection with the guidance of its own constitution.
“The leadership tussle often times does not serve the best interests of an ordinary worker, who looks upon a worker association as a body that shall vindicate his or her rights without, I may add, fear, favour or compromise.
“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.
Weekend Argus