Vavi's suspension set aside

 

 

Amy Musgrave, The Star, Johannesburg, 4 April 2014

 

The suspension of Congress of SA Trade Unions (COSATU) general secretary
Zwelinzima Vavi has been lifted.

 

Vavi won his court case to be reinstated in the South Gauteng High Court on
Friday.

 

The court also disagreed with COSATU that the Labour Court or the Commission
for Conciliation, Mediation and Arbitration were the correct jurisdiction
for the matter.

 

Vavi was suspended in August last year for have an adulterous affair with a
colleague and having sex with her at COSATU's offices. He was suspended by
COSATU's Central Executive Committee (CEC).

 

However, some CEC members and Vavi came to court because they believed that
his suspension was illegal as it had not been voted on as required by
COSATU's constitution. Instead the CEC members, who come from COSATU's 19
affiliates, gave oral input.

 

"While the CEC of COSATU was authorised to suspend Vavi, it failed to comply
with the constitution of COSATU in that they did not vote whereas the
constitution expressly called for a vote. Therefore no valid decision was
taken," ruled Deputy Judge President Phineas Mojapelo.

 

He said COSATU had to pay all costs.

 

It is not known yet when Vavi will return to work. He is currently in the
Eastern Cape attending to a family emergency.

 

COSATU will discuss the matter next week Tuesday when it holds a special
CEC.

 

"COSATU notes the judgment and as a law-abiding organisation will respect
it. The full implications will be discussed," said the federation's
spokesman Patrick Craven.

 

COSATU now has to decide whether it will go ahead with a disciplinary
hearing linked to Vavi's suspension.

 

There was jubilation inside and out the court at the news of Vavi's
reinstatement.

 

Members of the National Union of Metalworkers of South Africa sang "Vavi
back to work".

 

NUMSA, COSATU's largest affiliate and a staunch supporter of Vavi, will push
for the disciplinary action against the general secretary to be stopped.

 

Vavi is facing nine charges which include financial irregularities relating
to the sale of COSATU's old building and the purchase of its new one, and
bringing the federation into disrepute.

 

 

From:
http://www.iol.co.za/news/crime-courts/vavi-s-suspension-set-aside-1.1671168
#.Uz55aPmSyzA

 

 

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