NUMSA top brass face fresh court battle over congress preparations

The National Union of Metalworkers of South Africa (NUMSA) is facing a fresh legal challenge over its internal governance, with seven members asking the Labour Court to intervene before its national congress set for November.

The members accuse the union’s national office bearers of failing to comply with the constitution, leaving four regions without new leadership. They also raise concerns about preparations for the congress scheduled for November 30 to December 4.

In an urgent application filed at the Labour Court in Johannesburg on October 14, the applicants want the union compelled to hold overdue meetings of its National Executive Committee (NEC) and release funds for the outstanding regional congresses.

Oversight weakened

The application was brought by seven NUMSA members, including Eastern Cape regional chairperson Andile Bloko and Sedibeng regional chairperson Junior Gusha. The other applicants are Andile Nqilingwane, Mandla Khumalo, Victor Mandla Shamase, Aaron Thabang Letsoalo and Jerry Hosea Mothupi.

NUMSA, its president Andrew Chirwa, deputy presidents Mac Chavalala and Puleng Phaka, national treasurer Mphumzi Maqungo, general secretary Irvin Jim and deputy general secretary Mbuso Ngubane are cited as respondents.

The applicants allege that the union’s national office bearers have allowed key governing structures to become inactive while continuing to run the organisation.

According to the founding affidavit, the NEC last held an ordinary meeting in February 2025, despite constitutional provisions requiring it to meet regularly.

The applicants argue that special meetings called for specific purposes cannot replace ordinary meetings, where the union’s finances, budgets, decisions and day-to-day affairs should be considered.

They further claim that NEC members have not received monthly financial statements or minutes of its meetings during 2026, as required by the constitution.

The applicants say the absence of these meetings has weakened oversight of the union’s affairs and left important decisions outstanding ahead of the national congress.

No congresses yet in four regions

Four of NUMSA’s nine regions including Ekurhuleni, KwaZulu-Natal (KZN), Hlanganani and Sedibeng, have not held their regional congresses, even though the union’s 2026 budget made provision for congresses in all nine regions.

It is argued that the Central Committee approved the budget in December 2025 and later endorsed the regional congress processes in April 2026. However, funding for the four outstanding congresses has not been released.

The affidavit states that the terms of office of the regional leadership in these areas expired in April 2026 and that failure to hold elections has left members without regional leadership elected under a current mandate.

They say this could also affect representation at the national congress, where regional leaders attend by virtue of their positions and delegates are accredited through a Credentials Committee appointed by the Central Committee.

The applicants are concerned that the committee has not yet been appointed, despite its importance in determining which delegates may attend the national congress.

The Central Committee is scheduled to meet from October 23 to 25, following an earlier meeting in August that did not proceed beyond its first agenda item.

READ: Khandani Msibi sues Numsa boss Irvin Jim over fraud claims

The applicants say the upcoming meeting does not include the appointment of the Credentials Committee on its agenda.

They argue that decisions taken at the meeting would still need to be implemented before the national congress, making the absence of regular NEC meetings a serious concern.

KZN loses bid for urgent congress funding

Meanwhile, Numsa KZN region lost its Labour Court bid to compel national leadership to release R1.49 million to conduct its congress after two postponements.

READ MORE: KZN Numsa region sues its national leaders

In a judgment handed down on October 9, the court ruled that regional treasurer Sibusiso Dimba, regional secretary Mzamo Khoza and the Numsa KZN region, as applicants, failed to establish that the union’s constitution had been breached and that the relief sought could not be granted on the case they had presented to the court.

Court found that the real reason for the court case appeared to be a political dispute. The applicants argued that the national office was influenced by factional interests, allegedly because Jim lacked political support from the KwaZulu-Natal region.

Although they claimed they were not asking the court to rule on an internal political contest, court found that that was exactly what they were doing.

“The substance of the case as to why the NUMSA KZN RC is not receiving funding from national office is nothing else but politically motivated, disguised as a purported constitutional violation. But properly considered, this dispute has little to do with a violation of the NUMSA constitution.

“Rather, it constitutes a dispute between the national and regional leadership, which, as I have said earlier, does not engage the jurisdiction of this Court under section 158(1)(e). The application must thus be dismissed, on the basis of a lack of jurisdiction, where it comes to these considerations,” reads the court document.

Call for release of funds

The applicants in the Labour Court matter also seek an order requiring the union to give effect to the Central Committee’s budget decision so that the four outstanding regional congresses can be held.

The applicants say the matter is urgent because a ruling delivered after the scheduled national congress could come too late to address the problems they have raised.

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