Business Day

Vavi’s legal challenge proceeding

- NATASHA MARRIAN Political Editor marriann@bdfm.co.za

THE legal challenge to the suspension of Congress of South African Trade Unions (Cosatu) general secretary Zwelinzima Vavi will continue, unions confirmed yesterday, but the challenge may hit a snag due to a vote taken at the federation’s central executive committee meeting last week.

Last week’s meeting ratified the minutes of the special meeting on August 14 which suspended Mr Vavi.

The crisis in Cosatu has drawn in its ally, the African National Congress, which sent a high-level task team, led by deputy president Cyril Ramaphosa, to help.

Cosatu leaders had been expected to use last week’s central executive committee meeting to iron out their difference­s and possibly avoid a messy court battle.

THE legal challenge to the suspension of Congress of South African Trade Unions (Cosatu) general secretary Zwelinzima Vavi will continue, unions confirmed yesterday, but it may hit a snag in the form of a vote at the federation’s central executive committee meeting last week.

Mr Vavi previously indicated he would join the National Union of Metalworke­rs of SA’s (Numsa’s) applicatio­n and would file his applicatio­n in the high court in Johannesbu­rg today.

At last week’s meeting, the federation’s top brass ratified the minutes of the special meeting on August 14 which suspended Mr Vavi through a vote.

The crisis in Cosatu has drawn in its ally, the African National Congress, which has dispatched a high-level task team, led by deputy president Cyril Ramaphosa, to help the federation out of its quagmire ahead of next year’s election. Cosatu leaders were expected to use last week’s meeting to iron out their difference­s and possibly avoid a messy court battle.

But Numsa said yesterday it was “absolutely” pushing forward with its court applicatio­n to have the meeting which suspended Mr Vavi declared invalid.

South African Football Players Union general secretary Thulaganyo Gaoshubelw­e, also an applicant in the matter, confirmed that the court bid was on track.

Mr Vavi was suspended by the central executive committee after admitting to having an affair with a junior employee.

Numsa’s central argument was that the suspension was not put to a vote at the August 14 meeting. In its replying affidavit, Cosatu admitted that no vote was held, but said all affiliates were given the opportunit­y to be heard.

At last week’s meeting, the minutes of the special central executive committee meeting were subjected to a vote and it was widely endorsed, with 33 members voting for its adoption, 16 against it and two abstaining.

A source from the anti-Vavi camp said the vote added “weight” to Cosatu’s case for the suspension to stand. Seven Cosatu affiliates joined the federation in defending the decisions taken at the special meeting.

South African Democratic Teachers Union general secretary Mugwena Maluleke said yesterday the union would not “fold its arms” and would defend Cosatu. National Education, Health and Allied Workers Union spokesman Sizwe Pamla also confirmed his union’s participat­ion.

Aside from the legal challenge, Mr Vavi’s backers are pursuing a special national congress to allow workers to decide his fate.

Whether or not a special congress would be held rests with Cosatu president Sdumo Dlamini, viewed by Mr Vavi’s allies as leading the charge against him. If Mr Dlamini fails to call a congress, the central executive committee is empowered by the constituti­on to nominate a convener of the gathering. Thus the decision would eventually fall to the committee, where Mr Vavi does not seem to have majority support.

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