Cosatu decision to hold the special national congress was taken last year

NUM Press Statement, 12 May 2015

The National Union of Mineworkers (NUM) wants to take this opportunity to clarify Numsa and the other affiliates of Cosatu who are claiming victory on the outcome of Gauteng High Court to compel Cosatu to holding the special national congress.

As the NUM, it is important that we clarify the judgment yesterday in terms of the application brought by Numsa and the other affiliates of Cosatu on the question of the special national congress.

There is no victory in the judgment yesterday. That is not a judgment. It is just an order of the court. Cosatu Central Executive Committee (CEC) last year took a decision when the President Sdumo Dlamini presented his report on the matter pertaining to the request of a special national congress. The CEC accepted a proposal from the President of Cosatu that the special national congress should be held in July of 2015.

The decision was well known and communicated in the press conference that the Cosatu leadership had immediately after that CEC. When the decision was taken and communicated to the general public, Numsa and its allies then came and engage the federation using their lawyers to engage the federation. They then requested that they would want it to be the order of the court because they did not trust Cosatu President Sdumo Dlamini. 

 "There is no victory here. It is a decision of the CEC that was just put in writing by the court. The court did not compel the federation to hold a special national congress. It was the federation in line with its constitution that took that decision. The court just issued an order in that regard," said Peter Bailey, NUM Health and Safety Chairperson.

"There is this hullabaloo that it is a victory. There is no victory here. This is a deliberate attempt to confuse members and to make them look as though they are the heroes and that Cosatu leadership and its CEC in totality is a bunch of stupid leading the federation," Bailey added.

Numsa then goes further and say they are going to court next week in order to have their matter of expulsion heard. The federation has been ready to defend its decision that it took in the CEC. Numsa was the one that said to the court, we are not ready yet to bring the matter before the court and, therefore, the court then postponed the matter to July. Numsa is going to court next week.

The only reason they are going to court next week is to urge the judge to bring the matter forward from the original postponed date of July. In that attempt next week, they will hear when the new court date will be granted. The matter before the court is a complicated matter because the court cannot say Cosatu does not have a right to dismiss or to discipline its affiliate.

As the NUM, we want to say to all those who are now jubilant that the victory is a mere propaganda. Numsa now realises that it is very cold outside the federation. It now realises that its United Front was a total failure. It now realises that its attempts to start a federation is a total failure. They need Cosatu than ever before.

The NUM as paid up and member in good standing of the federation and an affiliate that contributed immensely to the founding of the federation believes that we have to put things into context. We are quite confident that other affiliates would follow as a matter of urgency.

Statement issued by Peter Bailey: NUM Health and Safety Chairperson, May 12 2015