COSATU and Willie Madisha
The Central Executive Committee of the Congress of South African Trade Unions, at a meeting on 8 May 2008, received a report that following the last (February 2008) CEC decision to accept the Commission's findings and recommendations and which unanimously resolved to remove Willy Madisha as President of COSATU in terms of Clause 9.6.1.3 of the COSATU constitution, the former President subsequently challenged his dismissal in the Equality Court.
Essentially he alleges that COSATU has treated him differently to how it treated matters involving the COSATU General Secretary, citing the issue of the alleged abuse of the COSATU credit card and the several statements made by the General Secretary that he considered to have been reckless. He is demanding reinstatement and compensation of R200 000. COSATU is the first respondent, SADTU second and SACP third. He has employed three Senior Councils.
Our lawyers have not responded to this application but have demanded that he supply specific information to back his claim before they respond. For example COSATU lawyers want to know when and how he reported the issues of the credit card to the structures of the federation as he claims in his papers to the Equality Court. They want to know precise or the actual video and audiotapes of the so-called reckless statements supposing made by the COSATU General Secretary.
He has since through the lawyers indicated that COSATU should not respond since he is going to amend his application in the light of the SADTU disciplinary inquiry into his conduct as SADTU President.
COSATU has already spent R235 237, 20 on the Commission. We envisage that the cost of defending this case at the Equality Court will run into millions of rands.
The CEC view this as wasteful expenditure. Willie Madisha has no case and no court will ever come to any other conclusion that is different to the CEC decisions on the matter.
The CEC is convinced that what COSATU is dealing with is not some ordinary case of an individual defending his right to be treated fairly. What we are dealing with is a counter-revolutionary agenda. The idea is two fold, firstly to keep the matter in public view through the courts, not with any intention to win but to generate negative publicity for the Federation. Secondly the purpose is to attempt to milk the Federation dry at the financial level with the view to weakening it so that it may not continue to play its revolutionary role in the transformation of our society.
The question that the CEC is asking is: where does Willie Madisha get money to hire three Senior Councils? Cleary the funding is received from other counter-revolutionaries within the country or abroad who share the above stated goals.
COSATU will continue to defend itself against the legal action that Madisha is taking against it and remains confident that all its actions have been taken in accordance with the law and in the best interests of its members. But at the same time, since we believe this to be a political agenda, COSATU will defend itself politically. Our members, alliance formations and the democratic movement will be informed of all the developments of the case so that they can defend COSATU from this counter-revolutionary agenda.
Statement issued by the Congress of South African Trade Unions May 13 2008
