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challenging the High Court ruling.
“Legally that means the Supreme Court application cancels the High Court ruling so the congress is legitimate,” said Ms Khumalo.
Before his arrest the newly appointed Matombo faction secretary-general Mr Majongwe, addressing journalists yesterday said his faction had since launched an urgent appeal to the Supreme Court challenging Justice Bere’s verdict.
“The High Court decision was very political and we have since filed an urgent application challenging the decision at the Supreme Court.
“The decision was by far motivated by political reasons and it spells out in no uncertain terms that the judge was biased,” said Mr Majongwe.
He declared that the two-day congress was on despite the High Court ruling.
“The congress is on and we will continue to push the cause of the workers since we are the recognised body,” said Mr Majongwe, who is also the secretary-general of the Progressive Teachers Union of Zimbabwe (PTUZ).
He said the George Nkiwane-led executive was illegitimate and their congress would come up with a recognised executive.
“This is an elective congress, and by tomorrow (Saturday) we will be having new structures that represent the workers,” said Mr Majongwe.
He said the Nkiwane faction was “tearing and lacerating” the constitution that was guiding the union and there was a need to stop them.
The congress is being attended by about 80 delegates representing seven unions that are aligned to the Mr Matombo-faction. The congress is being held under the theme “Beyond electoral fraud, restoring workers’ rights and dignity.”
He said the Nkiwane faction was in for a rude awakening. On Tuesday Justice Bere was appointed to preside over the ZCTU wrangle after Justice Ben Hlatshwayo recused himself.
Mr Nkiwane was elected ZCTU president in the disputed election, while Mr Matombo was the incumbent going into the elective congress in Bulawayo in August.
Justice Hlatshwayo had asked the two camps to meet and reconcile and when they failed to agree, he recused himself from presiding over the case.
The Nkiwane executive has maintained that it is the legitimate executive after having been elected at the last congress while the Matombo executive is insisting the congress should be declared null and void as it was not properly constituted.
Online Reporter