The start of the National Union of Metalworkers SA (Numsa’s) 11th congress on Wednesday was marred by scenes of members walking out of the venue while one of its deputy presidents went to court to challenge a court decision.
After the labour court judgment on Saturday that granted an application led by second deputy president Ruth Ntlokotse and other officials to interdict the congress, Numsa said it would be appealing against the decision.
The court also declared the suspensions of Ntlokotse and other officials unconstitutional.
The congress is being held at the Cape Town ICC until Friday.
Spokesperson Phakamile Hlubi-Majola said: “The special central committee resolved to lodge an appeal against the judgment on the basis that it contains patent errors, such as the failure to make the distinction between suspended officials and suspended office bearers and incorrectly characterises the Mpumalanga region as Numsa’s biggest region instead of the smallest region.”
Ntlokotse said she is challenging Numsa’s decision to convene the congress on the basis that it is a “violation of the constitution”.
“They lodged a leave to appeal last night [Tuesday]. The labour court afforded an opportunity to hear them on an urgent basis for leave to appeal. Today [Wednesday] at 6pm our counsel will be making oral submissions,” said Ntlokotse.
“It is also in violation of [Numsa's] constitution to convene the congress because the congress was initially scheduled to take place from the 25th to the 30th [July]. Our constitution states that if our meeting does not start on the prescribed date, the congress should be reconvened after four months... So that on its own is a constitutional violation and contempt of court.”
She said she was not invited to attend the congress by the central committee and that her suspension was “malicious”, to prevent her from contesting the position of president.
“When the court lifted the suspension, there was a central committee that sat and I was not invited to it... As a national office bearer I am an automatic delegate to the congress but in this instance no travel arrangements were made for me and no-one reached out to me,’’ she said.
“My suspension was malicious. When I was elected president of Saftu [SA Federation of Trade Unions], Irvin Jim [Numsa general secretary] congratulated me. Two weeks later, he presented a report saying I am sowing disunity. Around this time workers were calling for my name as president. I was placed on suspension because of that. What conclusion will an individual make when that happens? Why do they want to discipline me? Is it because I am a woman and tend to differ with him?’’
Hlubi-Majola disputed Ntlokotse’s claims.
''Why is Ruth not here to contest the position? The court unsuspended her and interdicted us to allow her to contest. She was sent invites to the special central committee and she did not attend. She was not even nominated as one of the potential contenders. No-one is stopping her. The fact is the majority of members do not support her,” said Hlubi-Majola.
kokam@sowetan.co.za
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