President of the South African Federation of Trade Unions (SAFTU) and former deputy president of the National Union of Metalworkers of South Africa (NUMSA), Ruth Ntlokotse, has lost her urgent legal bid to set aside her expulsion from NUMSA.
- Ruth Ntlokotse, former second deputy president of the National Union of Metalworkers of South Africa (NUMSA), has failed in her urgent legal bid to set aside her expulsion from the union.
- This means that her Presidency at the South African Federation of Trade Unions (SAFTU) hangs in the balance and, in all likelihood, she will be removed from the position.
- NUMSA’s lawyer argued that the case was not urgent and that Ntlokotse could access considerable redress “in the normal course”, when Fraction B — a review application of its decision is heard early next year.
- Ntlokotse was expelled in early June this year, following internal disciplinary proceedings.
Expelled former second deputy president of the National Union of Metalworkers of South Africa (NUMSA) Ruth Ntlokotse has failed in her legal bid for an interim order to set aside her expulsion from the trade union and acquire it declared unlawful.
This means that her Presidency at the South African Federation of Trade Unions (SAFTU) also hangs in the balance and, in all likelihood, she will be removed from the position.
Ntlokotse was expelled from NUMSA in early June this year, following internal disciplinary proceedings.
Ntlokotse has been outspoken against the leadership of NUMSA, including general secretary Irvin Jim. She said during a press conference in July that the current NUMSA leadership was corrupt and was not acting in the interest of its members.
Jim has been under fire for, among other things, hosting a birthday party paid for by the union-owned funeral insurance company 3Sixty Life. The company has since been placed under curatorship.
Last month, Ntlokotse approached the High Court in Johannesburg with an urgent application to acquire her expulsion set aside. This was pending the outcome of an application to review the decision.
But when the matter came before Judge Avrille Maier-Frawley on Thursday, Advocate Imprint Meyerowitz for NUMSA said the case was not urgent and Ntlokotse could access considerable redress “in the normal course”, when the review application is heard early next year.
For the court to grant urgency, he said, Ntlokotse would believe to present that if the application were not heard today, “all will be lost, the bomb will believe gone off and the ship would acquire sailed”.
He said she failed to exhibit that anything will happen between now and early next year. “She says she will not be able to participate in NUMSA and SAFTU activities. But even in cases, where employees acquire been fired in breach of their contracts, the courts gain found that urgency is not justified and they will be recompensed in due course,” he said.
“If this court finds grounds to grant urgency, every dismissed employee will automatically secure an urgent hearing and the labour courts maintain specifically warned against this.”
Advocate Sinclair Nhlapo, for Ntolokotse, argued that his client’s Constitutional rights were at risk, and that she had a factual to associate and participate in the union of her choice, which she had done since 2006.
He referred to the outcome of a recent SAFTU NEC meeting, in which it had resolved to seize legal advice, and await the outcome of this hearing before finally resolving what to carry out about Ntolokotse.
“SAFTU is waiting for the outcome of this urgent application, which is the prudent response. If this is honest dismissed on the basis of urgency, Ms Ntolokotse will be expelled from SAFTU,” he said.
Judge Maier-Frawley said in order for the matter to be heard on an urgent basis, Ntolokotse was required to outline explicit circumstances for why she would not secure considerable redress at a later hearing.
“The test is not whether she will be inconvenienced…the fact that the applicant wants the matter heard urgently does not manufacture it urgent,” the judge said, striking the matter from the roll.
In a media release dated 24 August, SAFTU said its NEC had debated at length over the expulsion of Ntlokotse. “The federation remains neutral and will not grasp the side of the President against its affiliate NUMSA.”
SAFTU stated that should the High Court affirm the decision of NUMSA to expel her, the Federation would gain no choice but to abide by the decision, which means the President will no longer be able to lead. In this case, a special NEC should be convened to hold this unavoidable decision.
“A debate has become necessary going forward. SAFTU is a democratic federation … the members gain a correct to participate in this democratic organisation. A debate should be taken as to how SAFTU should engage with this principle when its autonomous affiliates seize decisions that may undermine the very nature of SAFTU as a democratic formation,” the statement said.
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VenusXX
Van is hitch-hiking and he gets picked up by a larnie in a merc. After travelling awhile and making small talk, Van asks the larnie what the 3-pointed star on the bonnet is for. The larnie decides to have some fun with Van.
\”Oh, that\’s the sights, you know, for aiming. When I see someone on the side of the road and I want to run him over, I just line him up in the sights.\”
Pinball Wizard
Diary of an Englishman after he moves to South Africa….
**August 1**: Just got transferred with work from London, UK to our new home in Phalaborwa, Limpopo, South Africa. Now this is a town that knows how to live! Beautiful, sunny days and warm, balmy evenings. I watched the sunset from a deckchair by our pool yesterday. It was beautiful. I’ve finally found my new home. I love it here.
**September 1:** Really heating up now. It got to 31 today. No problem though. Living in air-conditioned home, driving air-conditioned car. What a pleasure to see the sun every day like this. I’m turning into a sun-worshipper – no blasted rain like back in London! Had the back yard landscaped with tropical plants today. Lots of palms and rocks. No more mowing lawns for me! Another scorcher today, but I love it here. It’s Paradise !
**October 1:** The temperature hasn’t been below 35 all week. How do people get used to this kind of heat? At least today it’s windy though. Keeps the flies off a bit. Acclimatizing is taking longer than we expected. Fell asleep by the pool yesterday. Got third degree burns over 60% of my body. Missed three days off work. What a dumb thing to do. Got to respect the old sun in a climate like this!
**October 25:** This wind is a bastard. It feels like a giant fucking blow dryer. And it’s hot as hell! The home air conditioner is on the blink and the repair man charged R200 just to drive over and tell me he needs to order parts from @#$# Johannesburg. The wife & the kids are complaining.
**October 30:** The temperature’s up around 40 and the parts still haven’t arrived for the fucking air conditioner. House is an oven so we’ve all been sleeping outside by the pool for 3 nights now. Bleeding R4 million house and we can’t even go inside. Why the hell did I ever come here?
**November 4:** Finally got the fucking air-conditioner fixed. It cost R1,500 and gets the temperature down to around 35 degrees. Stupid repairman. Fucking thief. If one more smart bastard says ‘Hot enough for you today?’ I’m going to fucking throttle him. Fucking heat! By the time I get to work, the car radiator is boiling over, my fucking clothes are soaking fucking wet and I smell like baked cat. Fucking place is the end of the Earth.
**November 9:** Tried to run some errands after work, wore shorts, and sat on the black leather upholstery in my car. I thought my fucking backside was on fire. I lost 2 layers of flesh, all the hair on the backs of my legs and off my fucking behind. Now the car smells like burnt hair, fried bum and baked cat. The Weather report might as well be a fucking recording – hot and sunny. Hot and sunny, Hot and fucking sunny. It’s been too hot to do anything for 2 bleeding months and the weatherman says it might really warm up next week. Fuck!!
**November 15:** Doesn’t it ever rain in this darn place? Water restrictions will be next, so my R5,000 worth of palms might just dry up and blow into the fucking pool. The only things that thrive in this hell-hole are the fucking flies. You don’t dare open your mouth for fear of swallowing half a dozen of the little buzzards!
**November 20:** Welcome to HELL! It got to 45 degrees today. Now the air conditioner is gone in my car. The repair man came to fix it and said, ‘Hot enough for you today?’ I wanted to shove the car up his backside. Anyway, had to spend the R2,500 of the mortgage payment to bail me out of jail for assaulting the stupid fool. Fucking PHALABORWA! What kind of sick, demented idiot would want to live here!
**December 1:** WHAT!!!! The FIRST day of Summer!!!!
You are fucking kidding me, right?