Johannesburg - The National Union of Metalworkers of SA (Numsa) on Thursday lost its bid to appeal the Labour Court ruling setting side the suspension of its now SA Federation of Trade Unions (Saftu) president, Ruth Ntlokotse.
Ntlokotse challenged her suspension from Numsa, of which she was second deputy president until its national congress elected new office bearers on Wednesday.
On Saturday, Labour Court Judge Graham Moshoana overturned Numsa’s suspension of Ntlokotse and the other regional office bearers and declared them unconstitutional, invalid and unenforceable in law.
In addition, Judge Moshoana interdicted and restrained Numsa from proceeding with its national congress in Cape Town between July 25 and 29, until it fully complies with the terms of its own constitution.
In refusing Numsa’s application for leave to appeal, the judge said the union’s constitution does not make provision for precautionary suspension by any of its constitutional bodies.
However, the union’s special central committee this week resolved to continue with its national congress as planned and in full compliance with the Labour Court ruling “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 judgment”.
Numsa complained that the national congress had been postponed since 2020 due to the Covid-19 pandemic, and that it had spent R39 million on the gathering.
Irvin Jim, the first elected Numsa general secretary in 2008, was re-elected to the position as was Andrew Chirwa as president, with Mphumzi Maqungo as treasurer.
Other officer bearers include ousted Saftu president Mac Chavalala, while Puleng Phaka replaced Ntlokotse as second deputy president.
Mbuso Ngubane was elected Jim’s deputy.
But Judge Moshoana has described the decision to proceed with its national congress without fully complying with his judgment, as “unguided and unwise”.
“Judicial authority in this country vests in the courts. The ideal situation is that if a matter still receives judicial attention, parties must wait patiently,” the judge said.