Court clears Shingange for Cosatu leadership contest after congress collapse

The battle for control at the Congress of South African Trade Unions (Cosatu) has taken a legal turn as the Labour Court cleared first deputy president Mike Shingange to participate in the leadership elections.

The judgment comes after the labour federation’s 15^th National Congress collapsed on Tuesday after two days of arguments on the status of Shingange, which prompted delegates’ refusal to submit their credentials.

The refusal blocked the congress from reaching quorum, which meant that it could not officially convene. According to Cosatu’s constitution, after three hours of failing to reach quorum, the congress should dissolve and reconvene within 30 days.

READ: ANC-led alliance in limbo as Cosatu congress collapses

Court rules Nehawu’s suspension does not block participation

The Labour Court declared that Shingange’s precautionary suspension by the National Education, Health and Allied Workers’ (Nehawu) should not prevent him from attending or participating in the congress or its leadership election.

The judgment reveals that Nehawu general secretary, Zola Saphetha wrote to Shingange after nominations closed, informing him that the union’s national executive committee had decided not to nominate him for any Cosatu position and asked that he decline the nomination for other affiliates.

On Saturday, Shingange then received a notice that placed him on precautionary suspension under the union’s constitution. Nehawu subsequently informed Cosatu that the suspension meant Shingange could not participate in union activities.

“It was therefore argued by Nehawu that there was no live dispute for thiscCourt to adjudicate, and that Mr Shingange could attend the Congress including for purposes of standing for election if so allowed by the congress rules – i.e. COSATU rules.

“This was an attempt to secure the dismissal of the application, and I reject Nehawu’s claim made for the first time in submissions. A dispute as to whether Nehawu is permitting Mr Shingange to participate in the Congress, including for election as president is a reasonable inference to draw from the following facts,” reads the court documents.

Internal disciplinary process to continue

Shingange’s internal disciplinary processes were not set aside, but it was found that it does not stop him from participating, as he has not been charged with misconduct.

READ: Mike Shingange cleared to contest Cosatu elections amid threats to collapse congress

The court also found that Shingange would suffer harm if excluded because he would be prevented from participating in a leadership contest in which he was entitled to participate.

The court further rejected Nehawu’s argument that he should first have exhausted its internal appeal process, saying the suspension was issued only 48 hours before the congress and that the internal process could not provide meaningful relief within the available time.

Congress to reconvene within a month

The judgment came as a political and organisational dispute had already brought the congress to a standstill.

The reconvened congress will therefore have to deal with more than the election of new office bearers. It will also have to resolve the organisational disputes that prevented the original gathering from completing its business, including outstanding credentials and the broader divisions exposed by the fight over Shingange.

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