Business Maverick reports that Joseph Mathunjwa’s 2019 election as president of the Association of Mineworkers and Construction Union has been declared ‘unlawful’ and set aside by the Labour Court in Johannesburg.
The case was launched by Nkosikho Joni, Amcu’s suspended deputy president. The verdict – which Mathunjwa may appeal – is likely to have a profound impact on SA’s labour scene if it holds. At the heart of the matter is that Mathunjwa has not been employed by a company since 2013 and that his “stay as president after (2013)… was no longer in compliance with the Constitution. Therefore, he automatically was not eligible to stand and or be elected as the President of Amcu.” The judgment concludes that Mathunjwa’s election as president in September 2019 was “unlawful, unconstitutional and invalid, and is set aside”. The invalidity is from the date of the order, not from the date of the election, which means that any actions Mathunjwa has taken since the election are not automatically invalid. If Mathunjwa appeals, he can remain president pending the outcome. The charismatic Mathunjwa has been a force to be reckoned with since Amcu dislodged the National Union of Mineworkers as the dominant union on the platinum belt almost a decade ago.
- Read the full original of the report in the above regard by Ed Stoddard at Daily Maverick
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