Nehawu Urges Appeal Against Vavi Reinstatement
Apr 4, 2014 | Natasha Marrian
Business Day Live
Union wants Cosatu to appeal against court decision to set aside suspension of Cosatu general secretary Zwelinzima Vavi
THE National Education, Health and Allied Workers Union has urged the Congress of South African Trade Unions (Cosatu) to appeal against Friday's decision by the High Court in Johannesburg to set aside the suspension of Cosatu general secretary Zwelinzima Vavi.
The union is among those in a faction within Cosatu that is trying to push Mr Vavi out of the labour federation. It is among Cosatu's largest affiliates.
Deputy Judge President Phineas Mojapelo on Friday set aside the decisions taken at a special Cosatu central executive committee meeting on August 14 last year, which included Mr Vavi's suspension from the federation.
Judge Mojapelo said Cosatu failed to follow its own constitution by not subjecting any of the decisions it took to a vote.
A few hours after judgment was handed down, Nehawu said it would consult its legal advisers and urge the federation to appeal against the decision.
"Our understanding of the judgment, though, is that it still does not condone fornication between Comrade Vavi and a worker under his authority during working hours and on the federation’s premises as announced by him to the world," the union said in a statement.
"Unfortunately, this judgment does not clear Mr Vavi with regard to the offences that he has committed in terms of the rules of the federation."
The pro-Vavi Food and Allied Workers Union (Fawu) welcomed the judgment on Friday. General secretary Katishi Masemola said he hoped the leadership of Cosatu would "cease with further legal steps", such as appealing against an "obviously predictable judgment".
Fawu urged Mr Vavi to return to work as soon as possible. The union is also seeking legal advice on taking action against individual leaders of the federation and any affiliates who appeal against the judgment.
Eight other pro-Vavi unions in a joint statement also welcomed his reinstatement.
The unions thanked "civil and broader society who have yearned for the critical and profound voice of the Cosatu general secretary in the midst of daily leaderless service delivery protests, uncoordinated worker strikes, misappropriation of public funds, crass materialism and accumulation of personal wealth in a sea of poverty".
Double blow for Zuma as court rules on Vavi, DA SMS
Apr 4, 2014 | Natasha Marrian and Karl Gernetzky
High Court in Johannesburg reinstates Cosatu leader Zwelinzima Vavi and rules that SMS tacitly accusing Zuma of stealing was fair comment
PRESIDENT Jacob Zuma suffered a double blow on Friday as the High Court in Johannesburg reinstated Congress of South African Trade Unions (Cosatu) general secretary Zwelinzima Vavi, who is among the president’s fiercest critics, and ruled that an SMS by the Democratic Alliance (DA) tacitly accusing Mr Zuma of stealing constituted fair comment.
The president’s backers in Cosatu had moved to suspend Mr Vavi after he admitted to an affair with a junior employee last year, following months of tense relations between the federation boss and the African National Congress.
On Friday, Deputy Judge President Phineas Mojapelo set aside Mr Vavi’s suspension, opening the way for him to return to his office — and allowing him once again to speak out on behalf of the federation.
Meanwhile, a damaging judgment was passed by acting Judge Mike Hellens on an application by the ANC that sought to force the DA to retract and apologise for an SMS it sent stating that Mr Zuma stole public money in the course of security upgrades made to his private residence in Nkandla, KwaZulu-Natal.
The DA’s SMS, released soon after Public Protector Thuli Madonsela published her final report on Nkandla, read: "The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change."
Friday’s ruling effectively said it was fair comment to say Mr Zuma stole taxpayers’ money.
Judge Hellens also ordered the ANC to pay the costs of the application.
The two judgments come just more than a month before the May 7 national polls.
Summarising Ms Madonsela’s report, Judge Hellens said a reasonable interpretation of the phrase used in the report that a lack of proper project management and oversight had created a "licence to loot" entailed that the wording of the DA’s SMS constituted fair comment.
Political parties should not be limited to technical terms, such as maladministration, in the interests of public discourse on issues that ought to see comments scrutinised on the basis of facts, he said. Providing his reasons earlier, Judge Hellens said Mr Zuma was a political figure, and while he could still be the subject of defamation, all comments had to be read in the context of the interests of free public discourse.
Cosatu backing Zuma
In Mr Vavi’s absence, Cosatu has defended Mr Zuma in the wake of the release of Ms Madonsela’s report, which found that the president had received "undue benefit" from the upgrades made to his Nkandla residence.
Mr Vavi has expressed himself on the matter via his Twitter account, calling for a full judicial commission of inquiry not only on the upgrades, but also to "follow the millions". Because government officials were "conflicted", he said, the terms of reference of the inquiry should perhaps be drafted by the Constitutional Court.
It was unclear on Friday whether Mr Vavi would return to his office on Monday. According to sources who wished to remain anonymous, a request was made to his attorneys by the Cosatu leadership for Mr Vavi not to return until the federation had decided on the way forward.
Cosatu’s top brass could not immediately be reached for comment on Friday.
Judge Mojapelo found that Cosatu had failed to comply with its constitution, because the decisions taken at the special central executive committee meeting where Mr Vavi was suspended were not put to a vote.
"A vote is prescribed as the manner in which decisions are to be taken ... therefore no valid decisions were taken," he said.
This means all decisions taken that day will be set aside. These include the suspension of Mr Vavi as well as the decision to start an investigation into Mr Vavi’s conduct linked to the affair with the junior employee.
The investigation culminated in Cosatu levelling nine charges against Mr Vavi. He is to face a disciplinary hearing on the matter in May.
Mr Vavi is not out of the woods yet, however, as he faces his steepest battle yet should he opt to return to work next week. On Tuesday, another special Cosatu central committee meeting will be held. The six items on the agenda include his disciplinary hearing.
The ANC has tried to intervene in the Cosatu crisis. Last year it set up a task team headed by ANC deputy president Cyril Ramaphosa, but little has come of these efforts and warring leaders have continued to battle for control of the federation.
Accusations
Mr Vavi has been accused by the Cosatu faction aligned to Mr Zuma of being an "imperialist agent" who seeks to unseat the governing party. He released a "bogus" intelligence report after his suspension last year, accusing Cosatu president Sdumo Dlamini of using it to turn affiliate leaders against him.
While Mr Vavi and his supporters remain in the minority as the faction opposing him — led by Mr Dlamini — continues to hold the numbers in the federation’s central executive committee, his backers hope Friday’s court ruling will sway affiliate leaders who have been "sitting on the fence" in the factional battle and compel them to side with Mr Vavi.
National Union of Metalworkers of South Africa deputy general secretary Karl Cloete on Friday welcomed the ruling. Numsa is Cosatu’s largest affiliate and Mr Vavi’s staunchest supporter. It had lodged the legal challenge against his suspension last year along with the South Africa Football Players Union and the Food and Allied Workers Union.
Numsa is now turning its attention to its next possible court challenge. Mr Cloete, speaking outside the court on Friday, said it had written to Mr Dlamini to ask him announce the date of a special national Cosatu congress in 48 hours or the union would take the matter to court.
Vavi suspension set aside but next step remains unclear
Apr 4, 2014 | Natasha Marrian
Court rules Cosatu failed to comply with its constitution when it decided to suspend general secretary Zwelinzima Vavi
IT IS unclear whether Congress of South African Trade Unions (Cosatu) general secretary Zwelinzima Vavi will return to his office on Monday after his suspension was set aside by the High Court in Johannesburg on Friday.
According to sources who wished to remain anonymous, a request was made to Mr Vavi’s attorneys by the Cosatu leadership for him not to return to his office until the federation had decided on the way forward.
Deputy Judge President Phineas Mojapelo handed down his short judgment shortly after 10am on Friday and left the court, after which Mr Vavi’s supporters erupted in cheers.
Cosatu’s top brass could not immediately be reached for comment.
Judge Mojapelo found that Cosatu had failed to comply with its constitution, because the decisions taken at the special central executive committee meeting where Mr Vavi was suspended were not put to a vote.
"A vote is prescribed as the manner in which decisions are to be taken ... therefore no valid decisions were taken," he said.
This means all decisions taken that day will be set aside. These include the suspension of Mr Vavi as well as the decision to start an investigation into Mr Vavi’s conduct linked to the romantic affair with a junior employee to which he had admitted.
In a statement released the day after Mr Vavi’s suspension, Cosatu had said the decisions made at a meeting on August 14 included investigating Mr Vavi’s conduct.
"The meeting agreed to conduct a full investigation into the allegations and to ask both the general secretary and the staff member (a complainant) to attend disciplinary hearings, chaired by an independent person, at which they would have every opportunity to present their case and answer charges," the labour federation said at the time.
"In the meantime, the general secretary and the staff member have been placed on special leave, in light of the nature and seriousness of the allegations."
The investigation culminated in Cosatu levelling nine charges against Mr Vavi. He is to face a disciplinary hearing on the matter in May.
Mr Vavi is not out of the woods yet, as he faces his steepest battle yet should he opt to return to work next week. On Tuesday, another special central committee meeting will be held. The six items on the agenda include his disciplinary hearing.
Mr Vavi and his supporters continue to be in the minority as the faction opposing him, led by Cosatu president Sdumo Dlamini, continues to hold the numbers in the central executive committee.
Mr Vavi’s backers hope the court ruling will sway affiliate leaders who have been "sitting on the fence" in the factional battle and compel them to side with him.
National Union of Metalworkers of South Africa deputy general secretary Karl Cloete on Friday welcomed the ruling. Numsa is Cosatu’s largest affiliate and Mr Vavi’s staunchest supporter. It had lodged the legal challenge against his suspension last year along with the South Africa Football Players Union and the Food and Allied Workers Union.
Numsa is now turning its attention to its next possible court challenge. Mr Cloete, speaking outside the court on Friday, said it had written to Mr Dlamini to ask him announce the date of a special national Cosatu congress in 48 hours or the union would take the matter to court.
Mr Vavi’s wife, Noluthando, spoke to journalists outside court, said she felt justice had been served. She also questioned Cosatu’s actions against "one of their own".
Cosatu spokesman Patrick Craven said the federation noted the decision and would discuss the way forward internally.
The Opposision to Urban Tolling Alliance (Outa) said it was pleased with the ruling.
“From the start of Outa’s tumultuous history, Zwelinzima has been a source of constant reassurance and support to us, notwithstanding our contrasting ideological backgrounds,” said Outa chairman Wayne Duvenage.
“He exemplified the ‘civil courage’ that Outa is calling for and, although Cosatu was not a co-applicant in our court challenge (against e-tolls on Gauteng’s freeways), his energy and calls for action to end the ill-conceived e-toll plan helped us enormously.”
 |
| Suspended COSATU Secretary General wins reinstatement by courts. |
Apr 4, 2014 | Natasha Marrian
Business Day Live
Union wants Cosatu to appeal against court decision to set aside suspension of Cosatu general secretary Zwelinzima Vavi
THE National Education, Health and Allied Workers Union has urged the Congress of South African Trade Unions (Cosatu) to appeal against Friday's decision by the High Court in Johannesburg to set aside the suspension of Cosatu general secretary Zwelinzima Vavi.
The union is among those in a faction within Cosatu that is trying to push Mr Vavi out of the labour federation. It is among Cosatu's largest affiliates.
Deputy Judge President Phineas Mojapelo on Friday set aside the decisions taken at a special Cosatu central executive committee meeting on August 14 last year, which included Mr Vavi's suspension from the federation.
Judge Mojapelo said Cosatu failed to follow its own constitution by not subjecting any of the decisions it took to a vote.
A few hours after judgment was handed down, Nehawu said it would consult its legal advisers and urge the federation to appeal against the decision.
"Our understanding of the judgment, though, is that it still does not condone fornication between Comrade Vavi and a worker under his authority during working hours and on the federation’s premises as announced by him to the world," the union said in a statement.
"Unfortunately, this judgment does not clear Mr Vavi with regard to the offences that he has committed in terms of the rules of the federation."
The pro-Vavi Food and Allied Workers Union (Fawu) welcomed the judgment on Friday. General secretary Katishi Masemola said he hoped the leadership of Cosatu would "cease with further legal steps", such as appealing against an "obviously predictable judgment".
Fawu urged Mr Vavi to return to work as soon as possible. The union is also seeking legal advice on taking action against individual leaders of the federation and any affiliates who appeal against the judgment.
Eight other pro-Vavi unions in a joint statement also welcomed his reinstatement.
The unions thanked "civil and broader society who have yearned for the critical and profound voice of the Cosatu general secretary in the midst of daily leaderless service delivery protests, uncoordinated worker strikes, misappropriation of public funds, crass materialism and accumulation of personal wealth in a sea of poverty".
Double blow for Zuma as court rules on Vavi, DA SMS
Apr 4, 2014 | Natasha Marrian and Karl Gernetzky
High Court in Johannesburg reinstates Cosatu leader Zwelinzima Vavi and rules that SMS tacitly accusing Zuma of stealing was fair comment
PRESIDENT Jacob Zuma suffered a double blow on Friday as the High Court in Johannesburg reinstated Congress of South African Trade Unions (Cosatu) general secretary Zwelinzima Vavi, who is among the president’s fiercest critics, and ruled that an SMS by the Democratic Alliance (DA) tacitly accusing Mr Zuma of stealing constituted fair comment.
The president’s backers in Cosatu had moved to suspend Mr Vavi after he admitted to an affair with a junior employee last year, following months of tense relations between the federation boss and the African National Congress.
On Friday, Deputy Judge President Phineas Mojapelo set aside Mr Vavi’s suspension, opening the way for him to return to his office — and allowing him once again to speak out on behalf of the federation.
Meanwhile, a damaging judgment was passed by acting Judge Mike Hellens on an application by the ANC that sought to force the DA to retract and apologise for an SMS it sent stating that Mr Zuma stole public money in the course of security upgrades made to his private residence in Nkandla, KwaZulu-Natal.
The DA’s SMS, released soon after Public Protector Thuli Madonsela published her final report on Nkandla, read: "The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change."
Friday’s ruling effectively said it was fair comment to say Mr Zuma stole taxpayers’ money.
Judge Hellens also ordered the ANC to pay the costs of the application.
The two judgments come just more than a month before the May 7 national polls.
Summarising Ms Madonsela’s report, Judge Hellens said a reasonable interpretation of the phrase used in the report that a lack of proper project management and oversight had created a "licence to loot" entailed that the wording of the DA’s SMS constituted fair comment.
Political parties should not be limited to technical terms, such as maladministration, in the interests of public discourse on issues that ought to see comments scrutinised on the basis of facts, he said. Providing his reasons earlier, Judge Hellens said Mr Zuma was a political figure, and while he could still be the subject of defamation, all comments had to be read in the context of the interests of free public discourse.
Cosatu backing Zuma
In Mr Vavi’s absence, Cosatu has defended Mr Zuma in the wake of the release of Ms Madonsela’s report, which found that the president had received "undue benefit" from the upgrades made to his Nkandla residence.
Mr Vavi has expressed himself on the matter via his Twitter account, calling for a full judicial commission of inquiry not only on the upgrades, but also to "follow the millions". Because government officials were "conflicted", he said, the terms of reference of the inquiry should perhaps be drafted by the Constitutional Court.
It was unclear on Friday whether Mr Vavi would return to his office on Monday. According to sources who wished to remain anonymous, a request was made to his attorneys by the Cosatu leadership for Mr Vavi not to return until the federation had decided on the way forward.
Cosatu’s top brass could not immediately be reached for comment on Friday.
Judge Mojapelo found that Cosatu had failed to comply with its constitution, because the decisions taken at the special central executive committee meeting where Mr Vavi was suspended were not put to a vote.
"A vote is prescribed as the manner in which decisions are to be taken ... therefore no valid decisions were taken," he said.
This means all decisions taken that day will be set aside. These include the suspension of Mr Vavi as well as the decision to start an investigation into Mr Vavi’s conduct linked to the affair with the junior employee.
The investigation culminated in Cosatu levelling nine charges against Mr Vavi. He is to face a disciplinary hearing on the matter in May.
Mr Vavi is not out of the woods yet, however, as he faces his steepest battle yet should he opt to return to work next week. On Tuesday, another special Cosatu central committee meeting will be held. The six items on the agenda include his disciplinary hearing.
The ANC has tried to intervene in the Cosatu crisis. Last year it set up a task team headed by ANC deputy president Cyril Ramaphosa, but little has come of these efforts and warring leaders have continued to battle for control of the federation.
Accusations
Mr Vavi has been accused by the Cosatu faction aligned to Mr Zuma of being an "imperialist agent" who seeks to unseat the governing party. He released a "bogus" intelligence report after his suspension last year, accusing Cosatu president Sdumo Dlamini of using it to turn affiliate leaders against him.
While Mr Vavi and his supporters remain in the minority as the faction opposing him — led by Mr Dlamini — continues to hold the numbers in the federation’s central executive committee, his backers hope Friday’s court ruling will sway affiliate leaders who have been "sitting on the fence" in the factional battle and compel them to side with Mr Vavi.
National Union of Metalworkers of South Africa deputy general secretary Karl Cloete on Friday welcomed the ruling. Numsa is Cosatu’s largest affiliate and Mr Vavi’s staunchest supporter. It had lodged the legal challenge against his suspension last year along with the South Africa Football Players Union and the Food and Allied Workers Union.
Numsa is now turning its attention to its next possible court challenge. Mr Cloete, speaking outside the court on Friday, said it had written to Mr Dlamini to ask him announce the date of a special national Cosatu congress in 48 hours or the union would take the matter to court.
Vavi suspension set aside but next step remains unclear
Apr 4, 2014 | Natasha Marrian
Court rules Cosatu failed to comply with its constitution when it decided to suspend general secretary Zwelinzima Vavi
IT IS unclear whether Congress of South African Trade Unions (Cosatu) general secretary Zwelinzima Vavi will return to his office on Monday after his suspension was set aside by the High Court in Johannesburg on Friday.
According to sources who wished to remain anonymous, a request was made to Mr Vavi’s attorneys by the Cosatu leadership for him not to return to his office until the federation had decided on the way forward.
Deputy Judge President Phineas Mojapelo handed down his short judgment shortly after 10am on Friday and left the court, after which Mr Vavi’s supporters erupted in cheers.
Cosatu’s top brass could not immediately be reached for comment.
Judge Mojapelo found that Cosatu had failed to comply with its constitution, because the decisions taken at the special central executive committee meeting where Mr Vavi was suspended were not put to a vote.
"A vote is prescribed as the manner in which decisions are to be taken ... therefore no valid decisions were taken," he said.
This means all decisions taken that day will be set aside. These include the suspension of Mr Vavi as well as the decision to start an investigation into Mr Vavi’s conduct linked to the romantic affair with a junior employee to which he had admitted.
In a statement released the day after Mr Vavi’s suspension, Cosatu had said the decisions made at a meeting on August 14 included investigating Mr Vavi’s conduct.
"The meeting agreed to conduct a full investigation into the allegations and to ask both the general secretary and the staff member (a complainant) to attend disciplinary hearings, chaired by an independent person, at which they would have every opportunity to present their case and answer charges," the labour federation said at the time.
"In the meantime, the general secretary and the staff member have been placed on special leave, in light of the nature and seriousness of the allegations."
The investigation culminated in Cosatu levelling nine charges against Mr Vavi. He is to face a disciplinary hearing on the matter in May.
Mr Vavi is not out of the woods yet, as he faces his steepest battle yet should he opt to return to work next week. On Tuesday, another special central committee meeting will be held. The six items on the agenda include his disciplinary hearing.
Mr Vavi and his supporters continue to be in the minority as the faction opposing him, led by Cosatu president Sdumo Dlamini, continues to hold the numbers in the central executive committee.
Mr Vavi’s backers hope the court ruling will sway affiliate leaders who have been "sitting on the fence" in the factional battle and compel them to side with him.
National Union of Metalworkers of South Africa deputy general secretary Karl Cloete on Friday welcomed the ruling. Numsa is Cosatu’s largest affiliate and Mr Vavi’s staunchest supporter. It had lodged the legal challenge against his suspension last year along with the South Africa Football Players Union and the Food and Allied Workers Union.
Numsa is now turning its attention to its next possible court challenge. Mr Cloete, speaking outside the court on Friday, said it had written to Mr Dlamini to ask him announce the date of a special national Cosatu congress in 48 hours or the union would take the matter to court.
Mr Vavi’s wife, Noluthando, spoke to journalists outside court, said she felt justice had been served. She also questioned Cosatu’s actions against "one of their own".
Cosatu spokesman Patrick Craven said the federation noted the decision and would discuss the way forward internally.
The Opposision to Urban Tolling Alliance (Outa) said it was pleased with the ruling.
“From the start of Outa’s tumultuous history, Zwelinzima has been a source of constant reassurance and support to us, notwithstanding our contrasting ideological backgrounds,” said Outa chairman Wayne Duvenage.
“He exemplified the ‘civil courage’ that Outa is calling for and, although Cosatu was not a co-applicant in our court challenge (against e-tolls on Gauteng’s freeways), his energy and calls for action to end the ill-conceived e-toll plan helped us enormously.”
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