Mathunjwa’s 2019 election as president of the Association of Mineworkers and Construction Union has been declared ‘unlawful’ and set aside by the Labour Court in Johannesburg.
The case was launched by Nkosikho Joni, Amcu’s suspended deputy president, and the verdict – which Mathunjwa may appeal – will have a profound impact on South Africa’s labour scene if it holds.
A lawyer who has looked through the judgment told Business Maverick the heart of the matter was that Mathunjwa has not been employed by a company since 2013. Page 19 of the judgment says that his “stay as president after (2013)… was no longer in compliance with the Constitution. Therefore, he automatically was not eligible to stand and or be elected as the President of Amcu.”
The judgment concludes that Mathunjwa’s election as president in September 2019 was “unlawful, unconstitutional and invalid, and is set aside”.
The judgment was handed down on Monday and sources from other unions say it explains why Mathunjwa was absent this week from rallies and talks that led to Amcu and three other unions applying for a strike certificate against Sibanye-Stillwater’s gold division.
“The invalidity is from the date of the order, not from the date…