The National Union of Metalworkers of South Africa (Numsa) says it will appeal against the decision to dismiss its application for leave to appeal, against an interdict which was handed down at the Labour Court in Johannesburg.
The court stipulated that its national congress in Cape Town could not be held.
On Saturday, the court ordered that Numsa’s congress should only be allowed to proceed if the congress complies with its constitution.
However, Numsa defied the court order, claiming that it had satisfied all the requirements of the ruling and convened the congress.
Numsa President Andrew Chirwa says they believe that the presiding judge in the matter has misinterpreted the union’s constitution.
He says, “We think that Judge [Graham] Moshoana has misdirected himself and continues to misinterpret our constitution and in fact renders the National Executive Committee and the Central Committee of Numsa useless in a crisis where there are challenges. According to him, these structures can’t do anything, they must just watch and allow anarchy to take place. We not going to do that. We going to do anything in law to challenge that.”
VIDEO: Court dismisses Numsa’s application for leave to appeal interdict:
Mpumalanga is dysfunctional
Numsa says it excluded Mpumalanga from participating in it’s national conference in Cape Town, because the region is dysfunctional.
Numsa national spokesperson Phakamile Hlubi-Majola says Mpumalanga failed to elect regional leaders in time for the congress.
“That judge made a ruling that Numsa has no right as an organisation as the CC to put Mpumalanga under administration. That is a big bone of contention for us. Mpumalanga as a region is dysfunctional. They had two regional congresses which they collapsed. The only structures that are in a national congress are structures that have had a regional congress, they have a new leadership and that leadership is now here. So how do you allow a structure with no leadership to participate here, when the constitution doesn’t allow it.”
