This is the eighteenth alert notice of those issues that will cause YOU to slip and definitely trip in 2024.
These issues will be incorporated into our famous seminar textbook as well as our highly sought-after PowerPoint presentation. The attached notice deals exclusively with the ‘tricky issues’ that faced NUMSA as to its national executive committee, regional executive committee, central committee and the application of its constitution to appoint an accreditation committee.
We look forward to YOU being part of this continuing learning event – secure YOUR seat, register here.
- The labour appeal court recently had the opportunity of considering the legal nature of a trade union’s constitution and the approach to be adopted to interpret such constitution. With reference to National Union of Metalworkers of SA v Lufil Packaging (Isithebe) a division of Bidvest Paperplus (Pty) Ltd and Others 2020 (6) BCLR 725 (CC) and Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 (4) SA 593 (SCA), University of Johannesburg v Auckland Park Theological Seminary and Others 2021 (6) SA 1 (CC), what approach did the labour appeal court follow?
- On what basis did the labour appeal court recently find that, in terms of NUMSA’s constitution its national executive committee has the power to suspend any office bearer or official for ‘sufficient cause’ until the matter is decided at the next meeting of the central committee?
- On what basis did the labour appeal court recently find that NUMSA’s constitution caters for its regional executive committee to suspend shop stewards or a shop stewards’ committee ‘on sufficient cause shown and take over the management of the affairs until another shop steward or committee is elected’?
- On what basis did the labour appeal court recently determine that, in terms of NUMSA’s constitution, its central committee lacks implied powers to exercise the functions and responsibilities of any of NUMSA’s other constitutional structures?
- Clause 6(2)(d)(iv) of NUMSA’s constitution empowers its central committee to take over the management of a region’s affairs only after a regional executive committee has been suspended by the regional congress. Despite this provision, on what basis did the labour appeal court recently find that NUMSA’s central committee has the power to take over the administration of a region, despite the fact that its executive committee had not been suspended by the regional congress?
- In terms of NUMSA’s constitution, per clause 6(1)(c)(iii), its central committee is to appoint an accreditation committee. Clause 6(1)(c)(iv) of NUMSA’s constitution indicates that only delegates accredited by such accreditation committee shall be entitled to vote at a national congress. What is the effect if NUMSA’s central committee fails to appoint an accreditation committee and exercises these powers itself?
