Vavi suspension not in line with Cosatu constitution

2014-04-04 12:47
Zwelinzima Vavi (Picture: Sapa)

Zwelinzima Vavi (Picture: Sapa)

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Johannesburg - The South Gauteng High Court on Friday ruled that Cosatu had the right to suspend its general secretary Zwelinzima Vavi, but failed to comply with the union federation's constitution.

"The decision... is declared invalid... and accordingly set aside," Judge Phineas Mojapelo said.

The judge said that while the Congress of SA Trade Unions central executive committee (CEC) had the right to suspend Vavi, it had not done so correctly.

"They did not vote when a vote was prescribed. No valid decision was taken in those circumstances," Mojapelo said.

He ordered that Cosatu pay the costs.

In August last year, Cosatu said Vavi had been put on special leave pending the outcome of a disciplinary hearing relating to his affair with a junior employee.

In July, the employee accused him of rape. He said they had an affair. The woman subsequently withdrew a sexual harassment complaint against him.

Following Vavi's suspension the National Union of Metalworkers of SA (Numsa), an ally of his, lodged an application in the South Gauteng High Court challenging the decision.

Vavi then lodged papers to be added as an applicant in Numsa's challenge.

In these, he asked the court to grant him an interim order interdicting and restraining Cosatu from enforcing any decision taken at its CEC meeting in August.


Read more on:    cosatu  |  zwelinzima vavi

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