The High Court in Johannesburg was packed with members of the National Union of Metalworkers of South Africa, the leadership of unions that support NUMSA and former Cosatu general secretary, Zwelinzima Vavi, the newly formed leaders of the Liberated Metalworkers Union of South Africa (Limusa) and Cosatu leadership including president Sdumo Dlamini and acting general secretary Bheki Ntshalintshali.
The battle between COSATU and NUMSA was going to be decided by the courts.
Numsa took Cosatu to court to be allowed back into the federation. The union was seeking relief on the eve of the meeting of Cosatu’s accreditation committee, which would decide who attends the special congress scheduled to take place on July 13 and 14 in Johannesburg. In addition to seeking reinstatement and permission to attend the special congress, Numsa also wanted its replacement at Cosatu, the Liberated Metalworkers Union (Limusa), not to be allowed to attend the special congress. Part of the reason for NUMSA’s application was that the axed Cosatu General Secretary Zwelinzima Vavi must be given a chance to make his case in the Special National Congress.
Acting Judge Mandla Mbongwe ruled the application was not urgent and the case was dismissed with costs. He added the court was not the platform for lengthy protracted arguments in such a short space of time, “the application is not urgent, and is therefore struck off the roll.”
The COSATU Central Executive Committee expelled Numsa last November and fired Zwelinzima Vavi in Marchthis year.
Numsa would be remain in the cold if not allowed to attend the Special National Congress. It would not be able to appeal its expulsion. Numsa would then have to wait until the national congress scheduled for November to try and appeal its expulsion.