Numsa goes to court to halt expulsion

031114. Parktonian Hotel in Braamfontein, Johannesburg. National Education, Health and Allied Workers Union (NEHAWU) Mzwandile Makwayiba addresses the media on the outcomes of its national executive committee meeting. 940 Picture: Dumisani Sibeko

031114. Parktonian Hotel in Braamfontein, Johannesburg. National Education, Health and Allied Workers Union (NEHAWU) Mzwandile Makwayiba addresses the media on the outcomes of its national executive committee meeting. 940 Picture: Dumisani Sibeko

Published Nov 4, 2014

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Johannesburg - The National Union of Metalworkers of SA (Numsa) is going to court on Thursday to stop Cosatu from holding an extraordinary meeting later in the week which could result in its expulsion from the federation. Cosatu needs to respond by Wednesday

According to union insiders, Numsa will argue that it will not get a fair hearing on Friday when it tries to convince a special sitting of the federation’s central executive committee (CEC) it should not be sanctioned.

The union has argued in the past that its opponents, who are in the majority in the CEC, have already made up their minds about its expulsion.

One of them is the National Education Health and Allied Workers Union (Nehawu), which said on Monday that there was no other option but to expel the metalworkers.

Nehawu leaders told reporters in Joburg they would only agree to Numsa not being sanctioned if it stopped poaching members from other unions, including the SA Transport and Allied Workers Union and the National Union of Mineworkers.

Numsa is fighting to stay in Cosatu despite being accused of not abiding by the federation’s constitution and principles.

The union, Cosatu’s largest affiliate, decided in December to expand along value chains, which has resulted in it organising in what other unions consider their turf.

Other resolutions included that Cosatu should break its alliance with the ANC and SACP and withhold support for the ANC during the municipal elections.

Numsa insists it will not go back on its resolutions and is also investigating the viability of a workers’ party to contest future elections. The union has so far argued that any sanction against it would be unconstitutional for a number of reasons, including that it has not being allowed to make its case to a Cosatu executive.

If the court does not grant Numsa an urgent interdict, it will finally be given an opportunity on Friday to make its case. Numsa has also threatened court action if the special CEC does not follow the correct procedures.

But whether it will be able to win any new friends in the CEC is doubtful. Just over a majority of Cosatu’s 19 affiliates want the union out and are unlikely to be swayed.

Nehawu wanted Numsa to be expelled at Cosatu’s special CEC last week, but the meeting held back on voting on the matter, with some unions urging caution around procedure.

Nehawu general secretary Bereng Soke said on Monday that Numsa’s “disorderly and anarchical actions” had placed the federation in a position where its long-term survival was at risk.

“Cosatu is duty-bound by its constitution and the gallant contribution of countless of its leaders and members over the years since its founding to defend itself in the face of a deviant clique of Numsa leaders and officials who are hell-bent on establishing a rival centre to Cosatu itself, on the back of its affiliates,” he said.

Soke said that while disunity was plaguing Cosatu, the federation had deviated from its strategic framework, and the government was able adopt anti-worker policies and programmes.

Group Labour Editor

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