Johannesburg - Previously suspended National Union of Metalworkers of SA (Numsa) leaders are returning to the Labour Court in a bid to have its general secretary Irvin Jim and president Andrew Chirwa jailed for contempt of court.
Ruth Ntlokotse, Numsa’s second deputy president until last month’s disputed national congress, other regional leaders and shop stewards are heading to the Labour Court in Braamfontein, Johannesburg on Friday to have Jim and Chirwa jailed for ignoring Judge Graham Moshoana’s ruling interdicting the national congress held in Cape Town from proceeding.
SA Federation of Trade Unions (Saftu) president Ntlokotse, who intended to challenge Chirwa at Numsa’s national congress, successfully challenged her suspension and those of other regional leaders and shop stewards, and Judge Moshoana declared them unconstitutional, invalid and unenforceable in law.
In the ruling handed down two days before the national congress was due to start on July 25, the judge also interdicted and restrained Numsa from proceeding with the five-day gathering until it fully complies with the terms of its own constitution.
Ntlokotse, in her latest affidavit in the contempt application, told the Labour Court that despite Judge Moshoana’s order, Numsa’s national congress commenced as scheduled on July 25 but was adjourned to July 27.
”Furthermore, on July 26 the special central committee appointed the credentials committee supposedly to comply with the constitution. On July 27, the ‘accredited delegates’ went ahead to elect new office bearers,” she stated.
At the national congress, Jim and Chirwa retained their positions, while former Saftu president Mac Chavalala was elected first deputy president and Puleng Phaka took over from Ntlokotse as second deputy president.
Other national office bearers were Mphumzi Maqungo, who was re-elected national treasurer, while Mbuso Ngubane became deputy general secretary.
In her court papers, Ntlokotse seeks an order declaring that Numsa, Jim and Chirwa are in contempt of court for failure to comply with Judge Moshoana’s order handed down on July 23.
”I further seek an order declaring all that was done from 25 – 28 July 2022 under the guise of the 11th national congress to be null and void ab initio (from the beginning), thus invalid and nullified for want of compliance with this honourable court’s order and the constitution of Numsa. Further, that all the resolutions passed thereat, including nominations and elections are invalid and of no force and effect,” reads her affidavit.
Additionally, she has asked the Labour Court to authorise a warrant of arrest committing Jim and Chirwa to imprisonment for contempt of court for a period of 30 days.
According to Ntlokotse, the warrant must be suspended on condition that Jim and Chirwa during the period of suspension not to be in contempt of the July 23 court order, the order she is currently seeking and not be found guilty of contempt of court.
The formerly suspended Numsa leaders and shop stewards are demanding that all elective local and regional meetings consist of paid up members in good standing, which means contributing 1% of their wages or salaries in subscription.
They alleged that at the national congress non-union members with no organisational rights attended.
”It was never possible for the hurriedly convened ‘credentials committee’ to accredit congress delegates with all the discrepancies we have ventilated,” said the suspended Numsa leaders and shop stewards.
They also complained that delegates to the interdicted national congress were hand-picked in order to vote new national office bearers unopposed when the only structure with constitutional powers to elect delegates to a national congress to represent a region are local shop stewards.