The metalworkers union’s internal power struggle has reached a critical pause as the Labour Court reserved judgment in a matter involving the demand of R1.49 million to proceed with the National Union of Metalworkers of South Africa (Numsa) regional congress in KwaZulu-Natal (KZN).
The case was brought against the national structure, central to general secretary Irvin Jim, demanding the release of funds required for its October 3 and 4 congress.
This is the third scheduled congress that has been forced to further postponement as Judge Sean Snyman reserved judgment on the matter to October 10.
READ: KZN Numsa region sues its national leaders
‘We are asking for what the constitution requires’
Sunday World previously reported that the region argued that Jim and the national office bearers do not have unilateral authority to prevent or financially frustrate a congress that has been properly planned by regional leadership.
The region effectively cut their budget from an estimated R3 million to R1.49 million noting that it would at least cost R2 600 for transport, accommodation and food of each delegate.
Further delays to the congress would mean that congress would be rushed into its agenda, which includes electing new regional leadership. This would then mean that the region, being one of the biggest of Numsa regions, would not be properly represented at the national congress.
“We are asking for exactly what the constitution requires, we are asking for the relevant body of the union which is the central committee to convene, consider the budget, and either approve it in its form or approve a varied version of it. Whatever they may determine as being a reasonable budget,” said Numsa KZN region’s legal representative, David Aldworth.
READ: Khandani Msibi sues Numsa boss over Irvin Jim over fraud claims
Jurisdiction in question
Representing Jim, Dirk Groenewald, said the matters should have been interrogated internally before the courts. He told the court that the central committee and the NEC should address the KZN congress including on issues related to budget and other complaints.
He also questioned the jurisdiction of the court, but Snyman emphasised that it was a union member that brought the matter to court, taking on the union, general secretary and the treasurer in relation to the constitution.
Groenewald said Numsa president Andrew Chirwa had already approved the reconvening of the central committee meeting and this was where details involving the congress would be discussed.
The central committee serves as the highest decision-making authority of the union between its major national congresses. He said there is nothing factual presented in court that the defence had malicious intent to block the central committee.
The central committee meeting is scheduled for October 23 to 25 but the timeline has been argued in court to be too tight for the region to host congress and still make it to the national congress.
- The Labour Court reserved judgment until October 10 on a case demanding R1.49 million to fund Numsa's KwaZulu-Natal regional congress scheduled for October 3-4.
- The KZN Numsa region sued the national leadership, arguing national officials, including general secretary Irvin Jim, lack authority to block or financially hinder the congress.
- The regional budget was cut from an estimated R3 million to R1.49 million, while costs for each delegate's transport, accommodation, and food amount to about R2,600.
- Defence lawyer Dirk Groenewald argued the issue should be settled internally within Numsa's central committee and the National Executive Committee, questioning the court's jurisdiction.
- The central committee meeting, which may address budget and congress issues, is scheduled for October 23-25, but the region claims this timeline is too tight to properly prepare for the national congress.
