Aggrieved Numsa faction threatens to halt congress with contempt of court order

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Aggrieved Numsa faction threatens to halt congress with contempt of court order

Making arguments in the leave to appeal hearing – which was heard on an urgent basis – they said the union had not actioned any of the remedies provided for in the Labour Court’s order, which ruled the congress could not continue until it was constitutionally compliant.

Numsa national congress under way in Wednesday, 27 July 2022. Picture: Theto Mahlakoana/Eyewitness News.
  • NUMSA

CAPE TOWN – Lawyers representing disgruntled Numsa members have told the Labour Court that the union’s decision to continue with its congress – which started on Wednesday – was contemptuous to its earlier decision.

Making arguments in the leave to appeal hearing – which was heard on an urgent basis – they said the union had not actioned any of the remedies provided for in the Labour Court’s order, which ruled the congress could not continue until it was constitutionally compliant.

However, their arguments could not be entertained in the context of the leave to appeal hearing.

In the meantime, Numsa has re-elected its leadership.

Judge Graham Moshoana told the court on Wednesday night that he could not consider the evidence submitted by Ruth Ntlokose and other lawyers over the merits of the congress, which continues on Thursday in Cape Town.

He said this is because the group had not sought a contempt order against the union to prevent the congress proceedings on the back of his ruling last week.

The group’s advocate Sinclair Nhlapo stated during the virtual hearing last night that Numsa had not fully complied with the court’s order to comply with its constitution.

“But the Mpumalanga region, they have zero delegates, which is another conduct that goes further away from the constitution now to the court. It’s in total disregard of this particular court – which is of concern my Lord because it means it’s driven by a different mandate, lawlessness.”

Meanwhile, some of the people in the aggrieved group have toldEyewitness News that they would be return to court on Thursday morning to file the contempt application.

However, this would have been overtaken by events.

In their absence, and that of regions and some members who elected to boycott the congress, new leaders were nominated unopposed.

General secretary Irvin Jim’s slate breezed into the union’s top posts.

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