The National Education, Health and Allied Workers Union (Nehawu)’s newly elected leadership has been dragged to the Labour Court in a bid to have its election declared null and void.
Fanie Ngwenyama, Nehawu Mpumalanga provincial chairperson, filed the court application arguing that the constitutional amendments adopted at the union’s 13th National Congress in June had not yet taken legal effect when the elections were conducted because they had not been certified by the Registrar of Labour Relations.
According to the court documents, the nominations for the national leadership were opened on June 17 and closed on June 26, the latter date being at the congress.
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The application argues that this meant nominations were opened before the formal commencement of the congress, which allegedly breached a clause on the operative constitution and the election policy.
According to the court papers, seven national office bearers were elected, while the certified constitution provided for only six positions. Ngwenyama argues that any amendment creating additional positions had not yet taken effect under the Labour Relations Act.
He further seeks an order “declaring that the persons whose June 2026 elections are set aside have no entitlement to hold office by virtue of those elections, and directing them to cease holding and exercising the powers of those offices immediately, with all remuneration, financial benefits and incentives associated with such offices ceasing on the granting of this order.”
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The application names Nyameka Macanda as the elected president, Patrick Makhafane as elected first deputy president, Kgomotso Makhupola as elected national treasurer, Zola Saphetha as elected general secretary, Welcome Mnisi as elected first deputy general secretary and Baxolise Mali as elected second deputy general secretary.
Former Nehawu president Shingange and former deputy general secretary December Mavuso are also cited as respondents, despite being former office bearers.
Ngwenyama said the court should also invoke clause 53(1)(h) of Nehawu’s constitution and direct the union’s executive committee to appoint an interim structure of acting office bearers within 30 days, excluding the office bearers whose elections are challenged, until fresh elections are held.
- Fanie Ngwenyama, Nehawu Mpumalanga provincial chairperson, filed a Labour Court application to have the union’s 2026 election declared null and void.
- Ngwenyama argues that constitutional amendments adopted in June at the 13th National Congress had not taken legal effect because they had not been certified by the Registrar of Labour Relations.
- The application states that nominations for national leadership were opened on June 17 and closed on June 26, allegedly breaching the union’s constitution and election policy.
- Seven national office bearers were elected, but the certified constitution only provided for six positions, and amendments creating the additional position had not legally taken effect.
- Ngwenyama seeks a court order for the elected office bearers to cease holding office and for an interim executive committee to be appointed until fresh elections are held.
