The future of SA Federation of Trade Unions (Saftu) president, Ruth Ntlokose, is uncertain after her urgent application to reverse her expulsion from the country’s biggest union, the National Union of Metal Workers of SA (Numsa), was struck off the roll this week. Some of the unions in the federation are calling for her removal.
Ntlokose sought to overturn the decision to expel her, which was taken by the union in May, after she was accused of multiple counts of misconduct. On Thursday Judge Avrille Maier-Frawley dismissed her application in the Johannesburg High Court because it was not urgent.
Maier-Frawley ruled that she was not convinced that Ntlokose’s case warranted immediate relief. Unions in the federation are calling for Ntlokose's removal as Saftu president, arguing that because she is no longer a representative of a union she should therefore step down in line with the federation’s constitution.
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The judge further ruled that Ntlokose could get redress when the second part of her application is heard. The court estimated that part, in which she is applying to set aside the decision of her expulsion, will be heard in three months' time.
Saftu on the other hand communicated its stance after its national executive committee (NEC) met from Monday to Wednesday to deliberate on Ntlokose's expulsion from Numsa and her status in Saftu. The federation resolved that: ”The NEC noted that Saftu has been cited as a third respondent in this case by Ntlokose. The federation remains neutral and will not take the side of the Ntlokose against its affiliate Numsa.”
In addition, the NEC resolved to seek a legal opinion on how the federation should respond considering that the constitution of Saftu gives its affiliates autonomy to manage their affairs, including the right to discipline members. Saftu's constitution states that a leader dismissed by their union cannot lead the federation.
Matutsa maintains that it stands by Saftu’s constitution
Ziervogel, who presented Matutsa stance in the NEC meeting, said:
Ziervogel added that all the affiliates of Saftu were served with papers on August 1: “Why do we then wait until August 22 when Matutsa mentions it in a letter that, you know say, oh no since we are now cited and we want to support Matutsa, now we must seek legal opinion. I found that very patronising.”
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