Fin24 reports that the Labour Court (LC) has denied the National Union of Metalworkers of SA’s (Numsa’s) application for leave to appeal its ruling interdicting the union’s controversial and currently ongoing national congress.
Numsa general secretary Irvin Jim and Numsa president Andrew Chirwa were re-elected unopposed at the congress on Wednesday evening. A group of formerly suspended officials, who had initially brought the case for the interdict, as well as their lawyers, now argue that the latest ruling effectively declares the elections invalid. Numsa meanwhile said it had lodged an application for direct access to the Labour Appeal Court (LAC), and that by doing this "we have suspended the operation of the decision handed down". This meant the congress, according to the union, would continue as planned. The LC handed down its ruling on Thursday morning after Numsa appealed a weekend interdict compelling the union to rectify the suspensions and congress arrangements before going ahead with the gathering. In the meantime, Numsa lifted the suspension of officials and continued with the congress. Thursday's ruling said that if leave to appeal were to be granted, the decision of the LAC would have no practical effect for either of the parties because the union decided to proceed with the congress despite the interdict. "In my view, the mootness of this appeal is plain. The interdictory relief sought has been overtaken by events. The action which it was formulated to prevent has occurred. The relief which was sought is now perfectly academic," Moshoana's order indicated. The formerly suspended officials have apparently advised their lawyers to draft a contempt of court application.
- Read the full original of the informative report in the above regard by Khulekani Magubane at Fin24
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