SADTU Teachers at Work, with logo, smaller.png

 

SADTU Media Release, 23 September 2014

 

 

SADTU Welcomes Court Ruling

 

in the Eastern Cape's Provincial Leadership Application against the Union

 

[Corrected Version]

 

 

The South African Democratic Teachers Union welcomes the Bisho High Court's
ruling in the application that was brought against us by the SADTU Eastern
Cape provincial leadership. The leadership of the province had brought a
case against the National Executive Committee and essentially against the
Union in its entirety in contestation of some organisational decisions that
had been taken previously by the highest structure. 

 

We must highlight that according to our Constitution, SADTU is a unitary
structure with the highest decision making body in between National General
Councils and Congress being the National Executive Committee; decisions
taken at this level are binding to all other structures. 

 

Democratic centralism

 

Democratic centralism and organisational discipline, which are some of the
fundamental principles we live by, dictate that once a decision is taken by
the appropriate structure, we are all obliged to not only uphold it but to
ensure that it gets implemented at all levels even though we might not have
supported it initially.

 

The provincial leadership of the Eastern Cape regrettably took a decision to
contradict the above mentioned organisational principles and subjected the
Union to the courts of law. The provincial leadership was contesting
decisions taken by a Special NEC of the 22nd of July which included that the
province be put under administration and its affairs be managed by the
National Office jointly with the province.

 

The other NEC decision being contested was that a thorough investigation
into some circumstances surrounding the EC Provincial Conference be lodged;
this was after official objections were received from some structures within
the province about the same.

 

Provincial Secretary to pay costs

 

The Judge dismissed the application by the provincial leadership against the
Union and further instructed that the Provincial Secretary of the Eastern
Cape, Cde Mncekeleli Ndongeni to pay the costs in his personal capacity
because no structure can take the Union to court whilst there is a
constitution in place.

 

To us however this is a bitter-sweet victory. Whilst we have been vindicated
by the Judge, we are taken aback by the fact that the Union had to be hauled
before the courts of law by one of its own structures. This is despite
having a Constitution that informs our internal organisational processes.
The fact that the Union has won three court cases in less than three months
in applications brought against it is indicative of a misdirected and
regressive approach adopted by others to address organisational matters.

 

Unity is Sacrosanct

 

Every member is duty bound to uphold the union's Constitution, respect
higher structures and adhere to decisions that have been taken. Any action
by an individual member or structure contrary to this will create fertile
ground for the seeds of divisions. Our unity is sacrosanct, let us all
beware of the wedge driver. Let us defend SADTU.   

 

 

Issued by:

SADTU Secretariat

 

Contact:

Mugwena Maluleke, General Secretary, 082 783 2968

Nkosana Dolopi, Deputy General Secretary, 082 709 5651

 

 

 

 

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