• BEE winners and losers

    Creating real change and real jobs requires a new ideology, says Gerhard Papenfus.

  • Focus on governance

    Addressing risk well and timeously can be a source of growth, says Ian Mann.

  • Road to riches

    Taxpayers keep funding structures with big plans but who knows what efficacy, says Mandi Smallhorne.

See More

Labour court stops union's deregistration

Aug 02 2012 19:24 Sapa

Related Articles

Union welcomes sinking of Telkom deal

High court upholds union deregistration

Union goes to court over affirmative action

Johannesburg - The Labour Court in Johannesburg on Thursday set aside a labour department decision to deregister the Communication Workers Union.

The court further stopped the department from publishing the deregistration of the union in the Government Gazette after an urgent interdict by the CWU.

The CWU and the department agreed to have the union's deregistration suspended and be set down for arguments in the Labour Court on August 10.

This would allow the department to file its documentation in this regard. The agreement also was also made part of the court order.

"CWU believes that this court order gives hope that victory is certain," union spokesperson Matankana Mothapo said.

According to Business Report, the labour department terminated the CWU's legal status on July 25. With over 30,000 members, it was the largest employee representative grouping under the bargaining council in the information and communication technology sector.

The publication reported that CWU's troubles began in November when the department accused it of contravening sections 98, 99 and 100 of the Labour Relations Act (LRA) by failing to provide financial statements since 2006. It had also reportedly ceased to function in terms of its constitution.

Trade union Solidarity said the deregistration of the CWU drew renewed attention to the negative impact the proposed inclusion of subsection 111(5) in the LRA would have on unions.

"This amendment will result in trade unions, who appeal against deregistration, (having) to suspend their activities for the duration of the process, which will have a destructive effect on unions and their members," Solidarity said in a statement.

Johan Kruger, head of the Solidarity research institute, said current legislation opened the possibility for unions which appealed deregistration to still represent their members in the Commission for Conciliation, Mediation and Arbitration (CCMA), and during wage negotiations.

"The proposed amendment of section 111 has the potential to devastate a trade union, even if its appeal against deregistration eventually succeeds."

He said a trade union deregistered mistakenly would lose its bargaining power, leaving thousands of workers without protection in the workplace.

*Follow Fin24 on Facebook, Twitter and Google+.

solidarity  |  labour court  |  cwu  |  ccma  |  johan kruger



Read Fin24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Add your comment
Comment 0 characters remaining

Company Snapshot

We're talking about:


Johannesburg has been selected to host the Global Entrepreneurship Congress in 2017. "[The congress] will ensure that small business development remains firmly on the national agenda and the radar screen of all stakeholders, the Small Business Development minister said.

Money Clinic

Money Clinic
Do you have a question about your finances? We'll get an expert opinion.
Click here...

Voting Booth

People who fall victim to Ponzi scams are:

Previous results · Suggest a vote