Hertta-Maria Amutenja
The Labour Court has dismissed an application by suspended Mine Workers Union (MUN) leaders, Ismael Kasuto and Desley Somseb, seeking to overturn their suspension.
Delivering the judgement last week, High Court Judge Collins Parker ruled that the application lacked merit and did not meet the requirements of the Labour Act.
The case stemmed from an internal leadership dispute within MUN following a vote of no confidence in Kasuto and Somseb at a meeting held on 28 April 2024.
The two, along with regional secretary Jessica Haradoes, were suspended from their positions and have since been engaged in a protracted legal battle with the union.
Judge Parker highlighted that the application’s core argument relied on section 62(1) of the Labour Act, which pertains to union administration and the enforcement of constitutional rules.
However, he found that the applicants failed to establish a legal basis for their claims.
“The application turns on the interpretation and application of rule 16(1) of the Labour Act and rule 6(1) of the Labour Court Rules,” he said.
Responding to the judgement, MUN general secretary, George Ampweya said the union is approaching the matter with an administrative perspective.
“Ours is an administrative view as the secretariat, in that the judgement has been received, and while we study it, we have escalated it to the political leadership of the union, who will take a view on it should they deem it fit,” said Ampweya.
He encouraged the union members to stay focused on their responsibilities.
“Our members are, in the meantime, encouraged to continue advancing the interests and aspirations of their respective constituents well within the confines of the set union processes, systems, and procedures,” he said.
This is the second time the suspended leaders have approached the court.
Their first urgent application, lodged on 10 May 2024, was struck from the roll for lack of urgency.
Parker reiterated that the applicants had not demonstrated why the matter required urgent intervention.
The dismissed application sought multiple orders, including the nullification of the 28 April meeting where the vote of no confidence was passed, the reinstatement of Kasuto and Somseb as office bearers, and a declaration that their suspensions were unlawful.
The group also challenged the appointment of acting president Mathew Poco-Key Mberiuana.
