IN the lead-up to the country’s largest trade union federation’s elective conference, Cape regional leaders of an affiliate union have raised questions about the timing of their suspension that disqualifies them from contesting positions.
The South African Municipal Workers Union’s (Samwu’s) chairperson in the Cape region, Mzoxolo Miselo, deputy secretary Bridget Nkomana, treasurer Beauty Kanuku and deputy chairperson Mkhuseli Nyaniso were served with suspension letters on September 8. This move is regarded as an attempt to nullify their election to leadership positions.
The suspensions came ahead of crucial meetings this coming week that will culminate in Cosatu’s national congress taking place from September 26-29.
The central executive committee (CEC) meeting taking place this weekend is expected to elect a new national deputy general secretary as the federation’s highest decision-making body also discusses matters related to the dismissal of the Cape regional secretary, Mikel Khumalo, in April.
Miselo and Nkomana were expected to represent the region at the CEC meeting. The group have appointed legal representation to challenge their suspension.
“Your letter of suspension is designed to deny our clients the right to attend that CEC meeting, participate in the affairs of Samwu and avail themselves to contest any vacant position such as deputy general secretary.
“We are instructed to demand, as we hereby do, that you withdraw your letter of suspension by close of business on September 15, failing which our client reserves the right to approach the Labour Court," read the letter from Lionel Cay Attorneys.
A union insider said the suspension could also lead to instability in the Cape metro region as the office bearers, some of whom were shop stewards, were also members of the local Labour Bargaining Forum.
“They hold important meetings with City officials on matters affecting workers,” he said.
Following his dismissal, Khumalo took the union to the Commission for Conciliation, Mediation and Arbitration (CCMA) where the matter was still being heard.
“The constitution gives powers to deal with matters related to suspensions and dismissal to the CEC and not office bearers who have now taken it upon themselves to now suspend and fire some of us. They have also replaced the region's democratically elected office bearers with some members they like,” said Khumalo.
The Cape metro is the largest of the four regions in the Western Cape including West Coast, Boland and Garden Route-Karoo, with about 13 000 members.
Khumalo said since 2016, the region, which contributed over R800 000 (and with other regions close to R1 million) in subscription fees a month to the union's finances, had not been receiving a regular allocation of R290 000 to meet the needs of members.
“We were told that the union does not have money as it owed lawyers and also had to settle other debts. In the meantime, as a region we could not take serious matters to the Labour Court,“ said Khumalo.
He added that the union's constitution made provision for regions and provinces to receive monthly allocations to provide services to members on the ground.
The region is now considering taking a mandate from its members on whether to continue paying subscriptions if they were not receiving any service.
According to Khumalo the state of the regional head office in Athlone had deteriorated to an extent that it had become a “safety health hazard”.
“The Samwu office, which is the founding building of the union, doesn't even have a working printer, ”he said.
Khumalo also accused the national leadership of interfering in the affairs of the region.
Samwu’s national general secretary, Dumisane Magagula declined to comment on the suspensions citing a “pending court case”.
He would also not be drawn into allegations of financial mismanagement and the state of the Athlone office as he regarded these as “internal matters”.
The union's woes come amid similar challenges faced by unions including the South African Transport Workers' Union (Satawu) and the National Union of Metalworkers of South Africa (Numsa).