— The Herald PE (@HeraldPE) April 4, 2014
The High Court in Johannesburg on Friday set aside the suspension of Cosatu general secretary Zwelinzima Vavi.
“The decision… is declared invalid… and accordingly set aside,” Judge Phineas Mojapela said.
The judge said the Congress of SA Trade Unions central executive committee (CEC) had the right to suspend Vavi, but found that it had failed to comply with the trade union federation’s constitution.
“They did not vote when a vote was prescribed. No valid decision was taken in those circumstances,” Mojapelo said.
He ordered that Cosatu pay the costs.
In August last year, Cosatu said Vavi had been put on special leave pending the outcome of a disciplinary hearing relating to his affair with a junior employee.
In July, the employee accused him of rape. He said they had an affair. The woman subsequently withdrew a sexual harassment complaint against him.
Following Vavi’s suspension the National Union of Metalworkers of SA (Numsa), an ally of his, lodged an application in the High Court in Johannesburg challenging the decision.
Vavi then lodged papers to be added as an applicant in Numsa’s challenge.
In these, he asked the court to grant him an interim order interdicting and restraining Cosatu from enforcing any decision taken at its CEC meeting in August.
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