LEADERS of another Cosatu affiliate, the Public and Allied Workers Union of SA (Pawusa), are embroiled in a legal battle over the suspension of the union’s president Thinta Mokhonoana.
Mokhonoana and eight other Pawusa leaders hauled members of its national executive committee (NEC) to the Labour Court to challenge the suspension.
The NEC meeting that suspended Mokhonoana held in September was unconstitutional, invalid and of no force and effect, they said.
“The purported decisions of the respondents in the meeting of the NEC held on September 16 and 17 were unconstitutional (in terms of the constitution of Pawusa), invalid and of no force and effect and are accordingly set aside,” Mokhonoana said in court.
He said purported decisions of the respondents that he be placed on suspension and the disciplinary action to be taken against him are invalid, unconstitutional, of no force and effect and should be set aside.
The NEC meeting was to discuss division in Pawusa, which they also warned have the potential of spilling over to its provincial executive committees.
Pawusa general secretary Koena Morifi was also suspended, after being accused of violating the union’s constitution or being a constitutional delinquent.
In October, Labour Court Judge André van Niekerk found that there was no dispute between Pawusa and Mokhonoana but the disagreement was between the union’s office-bearers.
“The dispute is one between factions within the union, and not one between any one or more members of the union and the union itself. It follows that the dispute before the court is not one that falls within the jurisdictional footprint established by section 158 of the Labour Relations Act, and that the application stands to be dismissed on that basis,” the judge said.
Judge van Niekerk dismissed the application with costs.
On December 2, the judge also refused Mokhonoana and his group’s application for leave to appeal, with costs.