A deepening rift within the National Union of Metalworkers of South Africa (Numsa) has seen regional leaders push back against suspensions imposed by the union's national office bearers (NOBs). The regional leaders argue that the NOBs, including general secretary Irvin Jim and president Andrew Chirwa, do not have the authority to suspend or discipline them. This power, they claim, rests with the regional executive committee (REC).
The dispute centers on a series of contentious meetings and decisions made by both sides. The regional leaders, defying Jim's cancellation notice, convened a central committee meeting from October 23-25. At this meeting, they resolved to strip the national office-bearers of their delegated powers and functions, replacing them with a task-coordinating team (TCT). In response, the NOBs held their own special national executive committee (NEC) meeting, where they suspended several regional leaders and staff members.
The suspensions imposed by the NOBs target key regional leaders, including Andile Bloko, Nkosinathi Makhanya, and Andile Nqilingwane. The NOBs cited the regional leaders' actions as causing "havoc in the organisation." However, the TCT has argued that the NOBs overstepped their constitutional powers. According to the union's constitution, the power to suspend office bearers and officials lies with the NEC, and then only for sufficient cause.
The TCT has written to Jim and Chirwa, asserting that the NOBs have no authority to cancel meetings or impose suspensions. The TCT maintains that the meeting of October 23-25 was a legitimate continuation of the central committee, as ordered by the labour court. The court had previously ruled that the Mpumalanga delegation should not be excluded from committee meetings, leading to a central committee meeting being convened.
The dispute has its roots in events at the Mpumalanga regional congress on June 29-30. A complaint was lodged with Jim regarding the election process for delegates from the Ehlanzeni Local Shop Stewards Council (LSSC). The complainant alleged that the election process contravened the Numsa constitution, raising questions about the legitimacy of the regional congress and its delegates.
The labour court has played a significant role in the dispute, with judge Edwin Tlhotlhalemaje ruling that the NOBs had "usurped the powers of the CC, acted ultra vires, and put the cart before the horse." The court interdicted the NOBs from excluding the Mpumalanga delegation, paving the way for the central committee meeting that ultimately led to the suspensions.
As Numsa prepares to hold its national congress later this month, where a new national leadership is expected to be elected, the regional leaders are set to brief the media on the outcomes of their special NEC meeting. The legitimacy of the TCT and the authority of the NOBs will likely remain contentious issues. Key points include:
Key points
- The regional leaders argue that the national office bearers do not have the authority to suspend or discipline them.
- The suspensions imposed by the NOBs target key regional leaders who defied Jim's cancellation notice and convened a central committee meeting.
- The dispute centers on issues of legitimacy and constitutional power within Numsa.
