Justice Moshoana of the Labour Court has denied the leave to appeal made by the National Union of Metalworkers of South Africa (NUMSA). As a result, NUMSA will file an application for Leave to Appeal and petition directly to the LAC for direct access.
NUMSA says it wants to set aside the whole judgement and the order handed down by Justice Moshoana since it affects the operations of the union and it has the capacity to affect the operations of the organization in future.
Spokesperson Phakamile Hlubi-Majola says, the dispute is of significant importance to the parties and to the public at large and the interests of labour relations and industrial peace and this is why this dispute should sit before more than a single judge.
Hlubi-Majola says the main reason driving the union to petition directly is the fact that the judgement makes authoritative rulings on what NUMSA leadership structures can and cannot do.
In addition she alluded that the court erred when it found that the Central Committee does not have the power to suspend. In terms of the constitution any decision of the NEC or any other lower structure, is subject to review by the CC. The CC is the highest decision making body between congresses.
Furthermore, the petition directly to the Labour Appeals Court, will suspend the operation of the decision handed down by Justice Moshoana to deny the union Leave to Appeal, as per the Section 18 of the Superior Courts Act of 2013. Their attorneys have said they can continue with the congress until this matter is heard in the LAC.