Vavi’s staunchest supporter, the National Union of Metalworkers of SA (Numsa), deputy general secretary Karl Cloete said Vavi is expected to report for duty soon. “We are expecting him to return to work today, tomorrow or on Monday,” Cloete said outside the South Gauteng High Court yesterday.
Cosatu president S’dumo Dlamini told confirmed that disciplinary charges against Vavi still remain.
Vavi is expected to appear before the Cosatu disciplinary committee hearing at the end of May on charges of having sex at Cosatu’s headquarters in Braamfontein with the woman he appointed to work at the labour federation.
Yesterday Deputy Judge President Phineas Mojapelo found that Cosatu had failed to comply with its constitution, because the decisions taken at the special central CEC meeting where Vavi was suspended were not put to a vote.
This effectively means that a decision taken by the CEC on that particular day to suspend Vavi was null and void.
Dlamini told The Saturday Citizen that for the past 28 years, Cosatu never voted on a decision.
“When former Cosatu president Willie Madisha was expelled there was no vote, it was the decision of the CEC,” Dlamini said.
“We have never voted on a decision. Vavi took us to court on something he knew we have not done for many years.”
Asked if Vavi will be allowed back into the office, Dlamini said: “The court said he must go back to the office. Who am I to fight the court?”
Cloete said Vavi’s return to office must see the execution of the collective mandate to engineer a Lula Moment steeped in the most resolute implementation of the Freedom Charter.
Cloete said while the nine affiliates of Cosatu are relieved that this costly but avoidable court battle was over, they hope the Cosatu leadership will have the political and organisational discipline to respect the decision of the court and abide by it fully.
“The judgment offers those who have hitherto been pursuing a destructive agenda an opportunity to demonstrate their commitment to unity of Cosatu.”
The nine affiliates of Cosatu, led by Numsa, took the labour federation to court last year, calling for the reinstatement of Vavi and convening of the special national congress.