The Labor Court overturned Joseph Mathunjwa as President of the Association of Mineworkers and Construction Union (Amcu) at the September 2019 union convention at the Birchwood Hotel.
In its ruling, incumbent Judge Sandile Mabaso said on Monday, Mathunjwa’s election was illegal, unconstitutional and invalid. He said the suspension of Mathunjwa’s election would apply from the date of the verdict.
The union said Thursday it had appealed.
“The appeal will result that Mr. Mathunjwa remains president until the appellate court decides on the appeal ”, said Krister Janse van Rensburg, head of the department for organizational development at Amcu.
The motion to revoke the election of Mathunjwa was made by Nkosikho Joni , a former union vice chairman who was elected at the same conference with Mathunjwa and expelled from the union last year.
After his expulsion, Joni went to the Labor Court to obtain an order in the it was declared that the elections of Mathunjwa and the general treasurer of the union Jimmy Gama were illegal and should be overturned.
Joni had also requested an order that the decision of On June 4, 2020, his removal from the office of Vice President was unlawful, unconstitutional and invalid. He asked the court to state that the union had not done its job and that it was fair and equitable to put it under administration.
Joni claimed that Mathunjwa’s election as president was against them Provisions of the Labor Relations Act and the Union Constitution.
Joni argued that Mathunjwa is not an employee for the purposes of the law because he is not employed in any of the sectors named in the Amcu Constitution. He said the law defines a union as an association of workers and its main purpose is to regulate the relationship between employers and workers.
Joni argued that Mathunjwa did not qualify as a member under the union’s statutes and was accordingly not eligible to be a member and president of Amcu.
Mabaso dismissed other appeals requested by Joni, but ruled in his favor by overturning Mathunjwa’s election.
Janse van Rensburg said Joni was expelled last year as deputy president and as a member of the union for “serious misconduct” before the labor court contesting the legality of Mathunjwa’s election.
“We told the court that in the sense of our statutes, a member is either employed by the mine … or a person owns an office. “
Janse van Rensburg falsely said the court a Gi according to Joni’s interpretation of who is a union member.
“The President and Mr. Gama were nominated and were democratically elected. We decided to appeal the verdict. We appreciate that Joni has not been reinstated. He has no further legal recourse. “