Dlamini decries Vavi's threatened lawsuit

 

 

Natasha Marrian, Business Day, Johannesburg, 21 August 2013

 

It was "unfortunate" for an organisation to have to go to court to defend
its decisions, Congress of South African Trade Unions (Cosatu) president
Sdumo Dlamini said on Tuesday.

 

He said threatened legal action by suspended general secretary Zwelinzima
Vavi posed a "difficult moment" for the federation.

 

Also on Tuesday, the powerful National Education, Health and Allied Workers'
Union became the first Cosatu affiliate to come out in support of the
decision to suspend Mr Vavi. It said it hoped the federation dealt with the
matter in a way that protected its "standing" and its "commitment to gender
struggles" - a clear reference to the sexual indiscretion that may yet lead
to Mr Vavi's downfall.

 

Mr Dlamini spoke out for the first time on Tuesday after Mr Vavi announced
he would challenge Cosatu's decision to suspend him after his admission of
an affair with a 26-year-old employee. It was "very wrong" to use courts to
"engage" with any organisation that was exercising its right to instil
discipline, he said.

 

Insisting he was not referring to Mr Vavi, Mr Dlamini said there were
"internal platforms". Mr Dlamini was drawn into the centre of Mr Vavi's
battle for political survival on Friday when the suspended general secretary
accused Mr Dlamini of distributing a so-called "intelligence report" aimed
at discrediting him.

 

Mr Dlamini declined to respond to the allegations, asking journalists: "Who
distributed the report to you?"

 

On members opting to settle their political grievances in court, he had
learnt to be careful as there was always a risk of being "taken to court
even when you say the right thing", Mr Dlamini said at Police and Prisons
Civil Rights Union 's political school in Benoni.

 

"I won't be free to speak my mind about Cosatu positions without the risk of
going to court. If I have to go to court to defend the positions of the
organisation, it's fine, it's okay, but it's very unfortunate."

 

Mr Dlamini made his views clear about the prospect of defending the
federation's decision, saying resorting to legal action meant that one's
loyalty was not with the organisation. "When you go to court, who are you
talking to? Are you talking to us here?

 

"Or are you talking to people outside? If your loyalty is with the
organisation then you will address the organisation," Mr Dlamini said.

 

"As an individual, you still have rights, but remember as you exercise
(them, they ) should not be in conflict with discipline. You should rely
more on internal processes.

 

"Courts are not democratic, they follow the law, the law is not democratic
... it concludes a debate legally, rather than democratically."

 

Mr Dlamini said the "difficult moment" the trade union federation was facing
would pass, but not without casualties. "When the time passes, there shall
be more bruised, some may not be able to cross, but when they fall by the
way, they will say to us: 'Carry on fighting.'"

 

He chastised those affiliates that announced the federations's decisions
before it did. Mr Vavi's staunchest ally, the National Union of Metalworkers
of South Africa (Numsa), confirmed his suspension ahead of the official
announcement.

 

Mr Dlamini said no affiliate should elevate itself above the trade union
federation as Cosatu was not about an individual. "It may be made up of
workers and leaders individually by their nature, but Cosatu is an
organisation. Cosatu is above us all."

 

Those talking about a possible Cosatu split should rather spend their time
building up the organisation. "Why spend time on fear? Why spend time
speculating? " Mr Dlamini asked.

 

Numsa and the Food and Allied Workers Union are said to be consulting
lawyers in a bid to challenge the constitutionality of the meeting that
suspended Mr Vavi.

 

Mr Dlamini said these concerns were at no point raised during the meeting
itself. Cosatu had not received notice of legal action from Mr Vavi's legal
team or supporters.

 

 

From:
http://www.bdlive.co.za/national/labour/2013/08/21/dlamini-decries-vavis-thr
eatened-lawsuit

 

 

 

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