Johannesburg - The National Union of Metalworkers (Numsa) was on Friday granted the opportunity to appeal Justice Graham Moshoana's July ruling that had ordered the union not to hold its national congress.
The Numsa congress was held in July after Numsa was forced to allow former Numsa second deputy president Ruth Ntlokotse and 30 other suspended Numsa members to take part in the congress.
The leave to appeal was handed down on November 4, four months after the union had concluded its congress, which Moshoana ordered to be halted until it adhered to its constitution.
In August, the Labour Court dismissed the recent contempt of court application by its former second deputy president, Ruth Ntlokotse, who had applied to the courts to have the July Numsa national congress declared null and void after it allegedly failed to comply with its constitution. Ntlokotse had also accused Numsa of contempt of court for going ahead with the congress.
The court case against Numsa resulted in the postponement of the congress for two days, with Numsa calling a special central committee meeting, which, after consultations, decided to commence with the congress two days later and lift the suspension of more than 30 Numsa members, including Ntlokotse, who was eventually allowed to take part.
Numsa spokesperson, Phakamile Hlubi-Majola, said the trade union welcomes the decision of the labour court.
"We were denied leave to appeal by judge Graham Moshoana, and it was a wrong decision. The entire judgement was wrong," she said.
The union’s former second deputy president and SA Federation Trade Union’s president, Ruth Ntlokotse, filed a motion to interdict the July congress because several Numsa members were suspended and excluded from attending the gathering, which was against the union's constitution.
Subsequently, Ntlokotse filed a contempt motion after the congress proceeded, in violation of Moshoana's judgment.
"Luckily, Judge Andre van Niekerk sided with us, which is why the contempt of the court application by Ntlokotse was dismissed. The judge felt that we had good reason to act how we did by proceeding with the congress, and he felt we did adhere to the prescripts of the judgement that the court had handed down," she said.
Hlubi-Majola said a date has yet to be set for Numsa to argue its case.
The Star