Court dismisses expelled NUMSA official's urgent application
“The fact that the applicant wants the matter heard urgently does not make it urgent” says judge
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“The fact that the applicant wants the matter heard urgently does not make it urgent” says judge
A legal bid to hold the National Union of Metal Workers of South Africa in contempt of court for pressing ahead with its national congress, despite a Labour Court interdict, has failed.
Making arguments in the leave to appeal hearing - which was heard on an urgent basis – they said the union had not actioned any of the remedies provided for in the Labour Court’s order, which ruled the congress could not continue until it was constitutionally compliant.
Lawyers of formerly suspended Numsa officials said ambiguity could not be conferred on the union's constitution as it was written in the spirit of the Labour Relations Act.
Labour Court Judge Graham Moshoana issued the ruling after a virtual hearing of the urgent application for leave to appeal on Wednesday evening.