SIYABONGA SITHOLE
National Union of Metalworkers of SA (Numsa) says it is ready for court battle against its former second deputy president, Ruth Ntlokotse, whose court application against the union is set to begin on Thursday.
Ntlokotse is also calling for Numsa secretary-general Irvin Jim and Numsa president Andrew Chirwa to be imprisoned should the court rule in her favour.
The court case before Judge Portia Nkutha-Nkuntwana of the Johannesburg Labour Court was set to start on August 5 but postponed to Thursday to allow the judge to study the submissions made by the two parties.
Last month Ntlokotse and 53 suspended members lodged a contempt of court application after the union continued with its 11th National Congress despite a court order by Judge Graham Moshoana interdicting the congress until the union complied with its own constitution.
Speaking to this newspaper, Numsa spokesperson, Phakamile Hlubi-Majola, said the union will be defending itself against its former second deputy president as the trade union had done everything to ensure that it complied with the court interdict by Judge Moshoana.
Ntlokotse, whose application asks to nullify the recent congress, also calls for the imprisonment of Jim on contempt of court.
In response to Ntlokotse's court application, Jim says there is no basis for Ntlokotse's application to be entertained on an urgent basis as her application fails to comply with the prescripts of the practice manual in respect of contempt of court proceedings.
"First the applicants failed to comply with the prescripts of the practice manual in respect to contempt of court proceeding and has offered no explanation of the failure.
“Secondly, the applicants failed to make out any case that this matter deserved the attention of urgent court, particularly in respect of the relief that is sought.
“Thirdly, no attempt has been made to indicate that the shortening of time periods was commensurate with the urgency of the matter (the respondents say it is not urgent at all).
"As I have explained, this approach has placed the respondents in a position where they are unable to defend themselves adequately in a matter where an order for incarceration is sought, which is simply untenable, "the secretary general asserts in his responding affidavit before the court.
Jim adds that Numsa complied with the earlier judgment by Labour Court Judge, Judge Graham Moshoana, who had ordered that the national congress be interdicted until it complied with its own constitution. This resulted in Numsa delaying its congress for two days and lifting the suspension of 27 Numsa members.
"Having fully complied with its constitution by the time the special central committee (CC) convened late on the evening of July 26, 2022, Numsa was at liberty to proceed with commencing the congress the following morning. Thereafter the congress began on Wednesday and concluded on Thursday, July 28, 2022," Jim says.
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