Minister to appeal against court ruling
THE Department of Labour is appealing against a Labour Court ruling that Minister Mildred Oliphant had failed to apply her mind in a “fair and objective manner” when she removed the department’s registrar, Johan Crouse, from his position.
The court ordered that Mr Crouse be reinstated to the post.
It also emerged that the newly appointed registrar, Malixole Ntleki, was seeking to water down the application to place the Chemical, Energy, Paper, Printing, Wood and Allied Workers Union (Ceppwawu) under administration.
According to court papers, instead of placing the union under administration, the acting registrar wants the court to give the union three months to ensure it provides updated, audited financial statements for the past four years.
Mr Ntleki proposes an amendment for a “conditional withdrawal” of the application to place the union under administration, provided it submitted its financial statements in 90 days. The Labour Court yesterday reserved judgment on the matter.
Union leaders supporting the application to place the union under administration say this proves their argument that the Labour Department is playing politics and attempting to shield general secretary Simon Mofokeng from accountability. They argue that Mr Mofokeng is favoured due to his ties to senior Congress of South African Trade Unions (Cosatu) leaders.
But in its judgment handed down on Monday, the Labour Court did not find evidence of political interference in the removal of Mr Crouse. Rather, it said Ms Oliphant had not properly considered a submission by him on the reasons for his decision to place the union under administration.
Labour Department spokesman Sithembele Tshwete said the matter was before court and the department could not comment.
Ceppwawu is in the midst of a bitter factional battle over union investment funds. Its leadership is divided, with senior office bearers siding with Mr Crouse on placing the union under administration.
Ceppwawu deputy general secretary Chief Seatlholo, who joined the application to place the union under the stewardship of an independent, described the move to give the union more time as a “delay tactic”. Mr Mofokeng had not gone along with attempts to get the union compliant for four years. The attempt to give the union a further three months to fix its books was “political”.
Mr Seatlholo said the union leaders wanted to remain in charge until it had participated in Cosatu’s elective conference next month.