Cosatu adds to allegations against Vavi
ALLEGED financial mismanagement also forms part of the probe into the conduct of suspended Congress of South African Trade Unions (Cosatu) general secretary Zwelinzima Vavi and an employee with whom he had an affair.
This is according to Cosatu's response to the National Union of Metalworkers of SA’s (Numsa’s) legal bid to have him reinstated.
Cosatu’s answering affidavit, which has been handed to the South Gauteng High Court, says the new development showed that the investigation into Mr Vavi’s conduct required “unhindered access” to his subordinates to uncover the truth, hence the embattled federation boss’s suspension should remain.
The stacking up of allegations against Mr Vavi by his political foes leaves little room for him to manoeuvre and would make it increasingly difficult for him to return to his post. Initially, the probe was two-pronged focusing on the adulterous relationship between the two, which included them having sex in her office, and the circumstances in which she was offered work by Mr Vavi.
Cosatu, in its submission, also admitted that no vote was taken to suspend Mr Vavi, although it added that each affiliate was invited to “state its view”. The federation says nine unions present “made it clear” that they were in favour of the suspension and possible disciplinary action against Mr Vavi.
The affidavit, by Cosatu acting general secretary Bheki Ntshali- ntshali, also indicates that there was “very little, if any supervision by Mr Vavi of the junior employee”.
She reported to him directly when she was in fact meant to report to an administration secretary and the national accountant.
He said that it was important to note in the court papers that since Mr Vavi’s suspension and the opening of the investigation, “certain materially-related matters had fallen within its scope”.
The employee had “failed to account for and reconcile all expenses she incurred on behalf of Cosatu in respect of flights and accommodation bookings, many of which were made for the benefit of Mr Vavi”, and Mr Vavi “did nothing” about this, despite being told about the “lack of accounting” on the part of his subordinate. Mr Vavi's detractors in Cosatu have in the past accused him of financial impropriety regarding the sale and purchase of Cosatu premises. The new claim was unrelated to those transactions, and was linked to the probe into his conduct after his admission of an affair with the woman.
“In conducting this relationship with a junior employee, Vavi is alleged to have abused the powerful position that he occupies within the organisation,” Mr Ntshalintshali said. “Permitting Vavi to return to the workplace under these circumstances will send out the wrong message to its members.
“Rather than promoting values consistent with the rule of law, it will leave the distinct impression that Cosatu’s most senior employee is not subject in the ordinary way to scrutiny for workplace-related misconduct which comes, potentially at least, at the expense of a more junior employ- ee.” The affidavit says Cosatu was “entirely funded” by members’ subscriptions and any suggestion of financial mismanagement “which had to bear on Vavi”, who is constitutionally responsible for Cosatu’s financial affairs, had to be investigated. Mr Ntshalintshali also said in the affidavit that Mr Vavi continued to enjoy “all the financial benefits and privileges that attach to his position”. This includes his salary, housing subsidy, a Cosatu credit card and laptop, medical aid cover, a cellphone and bodyguard protection.
A further twist is Cosatu’s call on the court to ensure Mr Vavi himself joins Numsa’s case, saying the case had a direct effect on him — the three applicants are the Food and Allied Workers Union, the footballers’ union Faspu and Numsa.
Mr Ntshalintshali said he was advised that Mr Vavi had “direct and substantial legal interest” in the outcome of the matter.
Mr Vavi’s spokesman John Dludlu said yesterday he had not seen Cosatu’s court papers, but that the suspended general secretary had “noted” the outcome of the court proceedings on Tuesday.
The matter was postponed and seven affiliates were permitted to join the action should it proceed beyond a central executive committee meeting next week.
On the procedural aspects of Numsa’s bid, Cosatu said it had followed procedure in calling the meeting which suspended Mr Vavi as the national office bearers were entitled to do so according to the federation’s constitution.