LOYISO SIDIMBA
SA Federation of Trade Unions (Saftu) president Ruth Ntlokotse has launched another Labour Court bid to overturn the outcomes of several National Union of Metalworkers of SA (Numsa) gatherings held last year including their decisions.
Ntlokotse, formerly Numsa second deputy president, was expelled from the union last week amid various allegations levelled against her which she all denies but has announced her intention to appeal her expulsion.
In papers filed at the Labour Court in Braamfontein, Ntlokotse wants the Numsa national congress, at which she intended to run for president, which was held in Cape Town in July last year to be declared null and void ab initio (from the beginning) and thus invalid and nullified for failing to comply with the union’s constitution.
At the national congress, which cost R40 million, Andrew Chirwa was elected president, Mac Chavalala (first deputy president), Puleng Phaka (second deputy president), Irvin Jim (general secretary), Mbuso Ngubane (deputy general secretary) and Mphumzi Maqungo (national treasurer).
She also wants the Labour Court to declare the national congress including all the resolutions passed at the gathering including nominations and elections of the national office bearers invalid and of no force and effect for not complying with the Numsa constitution.
Ntlokotse has launched her application in terms of section 158(1)(e) of the Labour Relations Act (LRA), which empowers the Labour Court to determine a dispute between a registered trade union and any one of its members or applicants for membership on any alleged non-compliance with the constitution of that trade union.
According to her court papers, she wants Numsa’s extended central committee meeting held in December declared unconstitutional, invalid and unenforceable in law for convening the gathering as well as its decisions.
The decisions taken at the extended central committee meeting include placing the Western Cape region under administration and the taking over of the affairs of the Mpumalanga region.
In addition, Ntlokotse has asked the Labour Court to declare the Rustenburg local shop stewards council in February last year including the nominations and election of local office bearers invalid and unenforceable for non-compliance with Numsa’s constitution.
She wants the Hlanganani (Tshwane, Rustenburg and Limpopo) regional congress held in March last year including the nominations and election of the regional office bearers to also be invalid and unenforceable for non-compliance with the union’s constitution.
”This matter also raises key constitutional issues which include the right to fair labour practices, the right to freedom of association, and how section 4(1), (2) and (3) of the LRA, which advances these rights, should be interpreted,” Ntlokotse states in her affidavit.
She argues that the commencement of the Numsa national congress was not in compliance with its constitution, which states that if after three hours there is no quorum then the meeting must be adjourned and reconvened within eight weeks.
”The effect thereof is that the national congress was not properly convened as required by the Numsa constitution. Moreover, the Numsa constitution does not even provide for the postponement of the commencement date of the national congress. Instead, the Numsa constitution provides for a reconvened national congress,” Ntlokotse explained.
She added that the Western Cape region was placed under administration and the excuse for the move can only be attributed to political reasons and it was united on the challenges facing Numsa Investment Company (NIC) and the Numsa Workers Trust, which owns the NIC.
”The role and responsibility of democratically elected regional leadership of the Western Cape cannot be usurped in an undemocratic manner,” said Ntlokotse.
She maintained that there is a very concerning culture and/or trend of not complying with the Numsa constitution and that as a member it is concerning that there is non-compliance with the union’s founding document.
In Numsa’s response, Jim said Ntlokotse effectively seek to set aside an entire year’s worth of worker organisation by the country’s biggest trade union and that if the relief she is seeking were to be granted it would be prejudicial to the union and its over 300 000 members.
He said Ntlokotse also failed to act expeditiously and that this has caused Numsa intolerable prejudice by not bringing her application within reasonable time and therefore should be dismissed on this basis alone.
”The costs associated with running local and regional elections, and the costs of the national congress itself, are in excess of R50m,” Jim said in Numsa’s answering affidavit, adding that Ntlokotse is not entitled to the relief she seeks.
He also denied that the decision to place the Western Cape region under administration was political and stifling free speech.
”The national union simply cannot tolerate a region that refuses to abide by the decisions of higher (and thus more democratically representative) structures. It is the Western Cape that seeks to undermine democracy not the central committee,” Jim added.
Labour Court Judge Graham Moshoana granted Ntlokotse an interdict on the eve of the Numsa’s national congress but the gathering proceeded after the union stated that it complied with the judge’s order.
Ntlokotse later tried to have Numsa, Jim and its central committee held in contempt of Judge Moshoana’s ruling but did not succeed.
But Labour Court Judge André van Niekerk found that the decision to postpone the start of the national congress was not a breach of Judge Moshoana’s order but indicative of compliance with it.