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Suspended Numsa members file for contempt of court and for Jim and Chirwa to be imprisoned

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The contempt application from suspended Numsa members demands that both Chirwa and Jim be imprisoned for 30 days should they be found guilty of contempt of court. Photo: Fin24
The contempt application from suspended Numsa members demands that both Chirwa and Jim be imprisoned for 30 days should they be found guilty of contempt of court. Photo: Fin24
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Suspended members of the National Union of Metalworkers of SA (Numsa) have lodged an application for contempt of court against the union and its general secretary Irvin Jim and chairperson Andrew Chirwa on Monday.

This emanates from Numsa’s defiance of a court order that sought to prohibit the union from proceeding with its 11th national congress last week.

The case will be heard in the Johannesburg Labour Court on Friday.

The suspended members said in a statement:

We are asking the court to declare that Numsa’s Irvin Jim and Andrew Chirwa are in contempt of court for failing to comply with the judgment of July 23, which interdicted Numsa from holding its congress until it complied with its constitution.

The 53 members, who included Numsa’s former second deputy president Ruth Ntlokotse, were contending that many provisions in the judgments were not followed to allow the congress to proceed.

“We are therefore asking the court to declare all the proceedings null and void. This would mean that all resolutions and elections would be invalid and of no force or effect.” 

READ: ‘Numsa’s court order defiance an unwise move’ - Judge says as union denied leave to appeal

The contempt application also demands that both Chirwa and Jim be imprisoned for 30 days should they be found guilty of contempt of court.

South African Federation of Trade Union’s spokesperson Trevor Shaku confirmed that the suspended members have asked the federation to intervene in their unconstitutional suspensions on July 21.

The suspended members continued:

We have been suspended because we have raised serious questions about the Numsa Investment Company (NIC) and its relationship with the Numsa leadership. The NIC owes Numsa R136 million, which the union lent them several years ago.

According to this letter, the 10th congress in 2016 resolved that the NIC should pay back the money and this was not implemented.

The NIC’s life insurance subsidiary, 3Sixty Life, was placed under curatorship late last year after the SA Reserve Bank’s prudential authority found that it was operating from an insolvent position.


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