Acting Judge Mandla Mbongwe ruled the application was not urgent.
He added the court was not the platform for lengthy protracted arguments in such a short space of time.
”The application is not urgent, and is therefore struck off the roll. The court orders the applicant [Numsa] to pay the costs of the respondent [Cosatu], the costs of which are two counsels.”’
The union was seeking relief on the eve of the meeting of the Cosatu accreditation committee, which would decide who attends the special congress scheduled to take place on July 13 and 14 in Johannesburg.
In addition to seeking reinstatement and permission to attend the special congress, Numsa also wanted its replacement at Cosatu, the Liberated Metalworkers Union (Limusa), not to be allowed to attend the special congress.
Mbongwe said it seemed Numsa’s application on Tuesday came as an ”after thought” for the union.
”It is clear that this court is required to extinguish the fire…when one realises that fire was on the way, one should take action and not leave things until it is too late,” he said.
”This appears to have seriously been an after thought.”