COSATU Statement on the out of court settlement regarding the Convening of the COSATU Special National Congress
Lies and misinformation has become a defining feature for the NUMSA leadership!
11 May 2015
The Congress of South African Trade Unions has noted the deceptive and ‘hollow’ victory celebrations by the NUMSA leadership.
In the matter which was billed for the South Gauteng High Court today, the 11th May 2015 between, National Union Of Metalworkers Of South Africa, First Applicant; Food And Allied Workers’ Union, Second Applicant ; South African Football Players’ Union, Third Applicant; South African Municipal Workers’ Union, Fourth Applicant; Democratic Nursing Organisation of South Africa, Fifth Applicant; Communication Workers’ Union, Sixth Applicant; South African Commercial Catering and Allied Workers’ Union, Seventh Applicant; South African State & Allied Workers’ Union, Eighth Applicant; and Sidumo Dlamini, First Respondent; Congress of South African Trade Unions, Second Respondent, an out of Court settlement was reached.
COSATU is on record that emanating from the successful Provincial Shop stewards Councils and the May Day Rallies, the Leadership has continued to engage all of its Affiliates to re-positioning the Federation towards a radical economic transformation.
Today, at the Chambers of the Johannesburg High Court, a date of July, 13th and 14th July for the Special National Congress was confirmed which is a decision of the Special Central Executive Committee.
The coming Central Executive Committee meeting on the week of the 25th May 2015 will, amongst others, finalize all related logistics.
The Special National Congress will be held in terms of Clause 3.3.2 of COSATU’s Constitution regulating how ‘Special National Congress’ should be convened.
All parties agreed that ‘a notice under clause 3.3.2.3 of COSATU’s Constitution notifying the second respondent’s affiliate unions of the Special National Congress to be held from 13 - 14 July 2015’, shall be issued. And ‘the notice referred to in paragraph 1 above as required under clause 3.3.2.3 of COSATU’s Constitution and in any event by no later than 28 June 2015’, shall be issued.
The Special National Congress will continue without NUMSA as it is a non-affiliate of the Federation. COSATU remains resolute to re-assert the Constitutional hegemony of the Federation. We were now preparing towards the next phase which include workplace visits, only to have our focus being disturbed by NUMSA leadership lies and misinformation regarding the convening of the Special National Congress.
Facts versus Lies by the NUMSA leadership
To NUMSA leadership we say - Tell no lies and claim no easy victories!
As COSATU we want to repeat that we took a decision to convene the Special National Congress on the 2014 November CEC following the president’s report which had been tabled in various CEC meetings.
We agreed to convene the SNC on the 13 and 14th July 2015 and this decision was taken in the presence of the unions who later boycotted the CEC under the pretext of a call for a Special National Congress.
Despite the knowledge not only of the commitment to convene the SNC but also the dates for such a Special National Congress, NUMSA leadership continued and took the federation to court.
We had various press conferences to communicate this decision but still they continued with the misinformation campaign as this has become NUMSA leadership’s defining feature. They have lost all the decency to at least tell the truth in their media crusade.
Realising that there was nothing the court would say except to accept that COSATU had already decided to convene the Special National Congress on the 13th and 14th July 2015 , they approached COSATU lawyers requesting for an out of court settlement.
COSATU has been consistent in its replying affidavits that the CEC has decided as early as in November 2014 to convene the Special National Congress.
We have provided the applicants’ lawyers with minutes, press releases, decisions of the CEC that we would convene the Special National Congress.
Our agreeing to the request for the out of court settlement was based on knowing that there was nothing to lose, we agreed and provided the draft order for the court.
The judge accepted the draft and arranged to have the parties meet at the chambers to give legal status to the draft.
The fact of the matter is that the court would not have decided on the actual dates. It only said that the applicants may re –enrol the matter in one weeks’ notice and supplemented their papers in the event that COSATU (respondent) does not comply with the commitment of calling its Special National Congress and issuing the notice in terms of the constitution.
We agreed on the out of court settlement because we respect our own constitution and we did so in the spirit of working for the unity of the federation.
NUMSA leadership knows that if they proceeded with the court process they would have been disappointingly embarrassed by the outcome.
We are not a federation which is hell bent to embarrass anyone but we are the unity of the workers and that is the only reason we agreed the out of court settlement.
The announcement which was made today is therefore not a court ruling as purported by the NUMSA leadership but a product of the agreement between two parties.
There is no victory as claimed by NUMSA leadership.
If there could be any claim for victory , such a claim should be made by COSATU because the unions who have boycotted the CEC will now come back to participate in the preparations towards the Special National Congress which is intended to among others discuss the unity of the federation.
The court settlement has become the only thing they can use to save their faces. Members are asking them difficult questions and they have run out of answers. They have run out ideas, there is no place to hide, Aphelile amahlathi!
NUMSA will not be part of the Special National Congress since they are no longer a COSATU affiliate.
They have taken us to court regarding their dismissal and they have also written a letter to appeal their expulsion at the ordinary National Congress in line with the COSATU constitution.
NUMSA can only become a COSATU affiliate if it reverses the resolutions it took in opposition to the COSATU existing policy.
Until then, we are calling in metal workers to join LIMUSA a newly admitted COSATU metal workers union.
When NUMSA leadership decide to do the right thing, only at that time will we consider internal discussions about what is to be done. For now we are heightening the recruitment campaign for LIMUSA and servicing our members.
As NUMSA leadership continues with the disinformation campaign our focus is on workers issues, we are taking battle to the employers in various fronts.
Our focus is in uniting workers through consciously building organisational capacity to engage employers.
Let NUMSA leaders continue with lies, we will continue with uniting workers based on the truth of exploitation they experience on a daily basis.
Let NUMSA leadership continue with lies and misinformation , we will continue to unite COSATU unions based on the truth about the fact that it is only when workers are united that we can wage victorious battles against employers.
We call on all our unions to come back home and join us in the forthcoming CEC scheduled from the 25th – 27th May 2015.
Unity amongst workers and war to our class enemies!
“Tell no lies , claim no easy victories”
Please see the draft court order attached hereunder. The actual final court order will be made available tomorrow
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IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG LOCAL DIVISION, JOHANNESBURG)
CASE NO: 16232/14
Before the Honourable Judge Legodi
In the matter between:
NATIONAL UNION OF METALWORKERS OF SOUTH AFRICA - First Applicant
FOOD AND ALLIED WORKERS’ UNION - Second Applicant
SOUTH AFRICAN FOOTBALL PLAYERS’ UNION - Third Applicant
SOUTH AFRICAN MUNICIPAL WORKERS’ UNION - Fourth Applicant
DEMOCRATIC NURSING ORGANISATION OF SOUTH AFRICA - Fifth Applicant
COMMUNICATION WORKERS’ UNION - Sixth Applicant
SOUTH AFRICAN COMMERCIAL CATERING AND ALLIED WORKERS’ UNION - Seventh Applicant
SOUTH AFRICAN STATE & ALLIED WORKERS’ UNION - Eighth Applicant
and
SIDUMO DLAMINI - First Respondent
CONGRESS OF SOUTH AFRICAN TRADE UNIONS - Second Respondent
DRAFT ORDER
By agreement between the parties, the following order is made:
1. As indicated in the respondents’ answering papers, the first respondent hereby undertakes to issue a notice under clause 3.3.2.3 of COSATU’s Constitution notifying the second respondent’s affiliate unions of the Special National Congress to be held from 13 - 14 July 2015.
2. The first respondent undertakes to send the notice referred to in paragraph 1 above as required under clause 3.3.2.3 of COSATU’s Constitution and in any event by no later than 28 June 2015.
3. The applicants may re-enrol the matter on one week’s notice and supplement their papers in the event that the first respondent does not comply with prayer 2 above
4. Each party will pay its own costs.
5. As indicated in the respondents’ answering papers, the first respondent hereby undertakes to issue a notice under clause 3.3.2.3 of COSATU’s Constitution notifying the second respondent’s affiliate unions of the Special National Congress to be held from 13 - 14 July 2015.
6. The first respondent undertakes to send the notice referred to in paragraph 1 above as required under clause 3.3.2.3 of COSATU’s Constitution and in any event by no later than 28 June 2015.
7. The applicants may re-enrol the matter on one week’s notice and supplement their papers in the event that the first respondent does not comply with prayer 2 above
8. Each party will pay its own costs.
By Order of the Court
_______________________________
REGISTRAR OF THE HIGH COURT
ENDS
Statement issued by COSATU, May 11 2015
