Numsa’s legal team turned the Johannesburg high court into a workshop on the constitution in March.
The legal team persuaded Judge Phineas Mojalefa that Cosatu general secretary Zwelinzima Vavi  go back to work on April 7, nearly  eight months after his suspension on August 14, 2013.
Cosatu’s controversial argument was full of contradictions, inconsistencies, ignorance and poor knowledge of the constitution.
It was clear from the onset that Vavi would win the case. Even the Cosatu’s President, Sdumo Dlamini, together with his ally, Zingiswa Losi, did not show up on the day Vavi emerged victorious.
Now that Vavi’s been re-instated; he spoke of fighting of E-tolls, labour brokering,
Numsa and the supporting nine unions still expect Cosatu to hold a special congress. But will this happen?
Cosatu is divided and the recent attack on Numsa comrades by Cosatu in Durban Hotel incident shows the cracks within the Cosatu Federation.
Inside the courtroom
Numsa and the other supporting unions confronted Sdumo Dlamini at the court entrance chanting “u enzen uVavi we Sdumo kha u phendule”.
The next day Dlamini’s lawyers disapproved of the demonstrating affiliates. They also accused Vavi of exercising public power in public functions which led to perjury. But, the High court warned Cosatu by uttering such words.
Cosatu is unconstitutional when it ignores its own constitution and denies its members an opportunity to voice their opinions through votes.
They were also said to be unconstitutional when they insisted the matter to be handled by the CCMA or Labour Court, ignoring that the latter deals with statutory remedies and case reviews.
Cosatu was further embarrassed when it continued exposing its ignorance of the constitution by quoting LRA Section 158 to justify its case with regards to area of jurisdiction whereas it was proven to them by Numsa legal team that there’s no provision and merit stating that general powers relate to jurisdiction, and that the same section emphasizes the mandatory cases.
“Cosatu was asked to pay our costs and that of Vavi’s attorneys,” said Numsa deputy general secretary Karl Cloete. “He, who laughs last, laughs the best…”
This is the general feeling amongst Numsa members who never gave up fighting to restore the democratic Cosatu federation.
Zwiitwaho Raidani is Numsa regional membership administrator, Ekurhuleni region