The Labour Appeal Court delivered an important judgment today (18 May 2023), declaring that the appointment of Joseph Mathunjwa as AMCU President was lawful.
The judgment overturned an earlier judgment of the Labour Court (per Mabaso AJ) in which it was found that because Joseph Mathunjwa was not employed in an industry falling within AMCU’s registered scope, he was not eligible to be elected as AMCU’s president at its elections in 2019.
The Labour Appeal Court also declared that the appointment of Jimmy Gama as AMCU’s National Treasurer during the same elections was lawful.
The dispute arose from a challenge brought by Nkosikho Joni, AMCU’s former Deputy President, following a vote of no confidence passed in Joni which led to his expulsion from AMCU. The vote took place after allegations of misconduct were levelled against him, including in relation to alleged corruption. Those allegations formed the subject of a disciplinary hearing which was not concluded by the time the vote of no confidence was taken.
In addition to challenging the appointments of Joseph Mathunjwa and Jimmy Gama, Joni sought an order declaring his expulsion from AMCU unlawful and setting it aside. The Labour Court, which found that Mathunjwa’s appointment as President was unlawful, had declined to set Joni’s expulsion aside. In determining a cross-appeal that he pursued, the Labour Appeal Court declared his expulsion unlawful and set it aside.
The appeal (against the finding that Mathunjwa’s appointment was unlawful) and the cross appeal (against the finding that Joni’s expulsion was not unlawful) were thus successful in the Labour Appeal Court.
