THE National Union of Metalworkers of South Africa (NUMSA) plans to file a direct application to the Labour Appeals Court to have the validity of the interdicted congress affirmed.
This after the Labour Court judge Graham Moshoana denied NUMSA an application for leave to appeal its ruling interdicting its controversial and chaotic national congress this week.
Moshoana’s ruling on Thursday paves the way for the decisions of the national congress, including the election of leaders as happened on Wednesday evening, to be nullified.
In his earlier judgment, Moshoana had lambasted NUMSA’s Central Committee as “a law unto itself, a gate-keeper, credentials committee, a referee and a player”.
However, NUMSA said on Thursday that the court erred when it found that its Central Committee does not have the power to suspend.
The union said in terms of the constitution any decision of the NEC or any other lower structure, is subject to review by the Central Committee.
“The CC is the highest decision making body between congresses,” said Phakamile Hlubi-Majola.
“We want to set aside the whole judgment and the order handowned by Justice Moshoana. We believe we have a reasonable prospect of success and that the Labour Appeals Court will overturn the judgment on appeal. The judgment affects the operations of the union and it has the capacity to affect the operations of the organisation in future.”
NUMSA general-secretary Irvin Jim and Numsa president Andrew Chirwa were re-elected unopposed at the congress on Wednesday.
NUMSA has been rocked by intense leadership infighting, sparked by the suspension of Ruth Ntlokotse and several other leaders, barred by the union’s central committee from attending the congress.
A group of formerly suspended officials, who initially brought the case for the interdict, as well as their lawyers now argue that the latest ruling effectively declares their election invalid, null and void.
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