Numsa to defend contempt of court application in Labour Court

The National Union of Metalworkers of South Africa (Numsa) will be in the Labour Court on today, August 19, to defend its decision to go ahead with its 11th national congress in Cape Town, which was held last month.

Numsa’s former second deputy president, Ruth Ntlokotse, lodged contempt of court proceedings against the metalworkers’ union, for allegedly defying the Johannesburg Labour Court’s ruling that interdicted the union from proceeding with the congress.

Ntlokotse asked the court to declare the 11th national congress null and void. She also asked for Numsa’s general secretary Irvin Jim and president Andrew Chirwa to be arrested for contempt of court.

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Numsa had previously lodged an urgent leave to appeal application, challenging Judge Graham Moshoana’s ruling that interdicted the conference from going ahead.

Judge Moshoana dismissed the union’s appeal, finding that the decision to proceed with the conference was “unguided and unwise”.

The judge said, “A trade union’s constitution is not to be interpreted like a commercial contract”.

“There is no place for implied terms in a trade union constitution. It is a statutory document subject to statutory requirements.

“The test for the granting of leave to appeal has not been met,” read the judgment.

Numsa to defend its decision-making

Numsa’s national spokesperson, Phakamile Hlubi-Majola, said the union will be at the Labour Court to defend all its decisions related to the conference.

Hlubi-Majola said union will argue that it only continued with the congress after having made the changes, which were stipulated by Judge Moshoana.

“Justice Moshoana said that Numsa can continue with the congress as long as it adheres to its constitution and the union did so,” she said in a statement.

The union has also appealed Judge Moshoana’s judgment at the Labour Appeals Court because it believes he misinterpreted aspects of its constitution.

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