UNEASY ALLIANCE: R12m Cosatu National Congress collapses as ANC, SACP divisions split allies

Thirty-six years after the Tripartite Alliance was formed between the African National Congress (ANC), the Congress of South African Trade Unions (Cosatu), and the South African Communist Party (SACP), the future of the alliance is uncertain after the collapse of Cosatu’s 15th National Congress.

The collapse followed a two-day dispute over the precautionary suspension of Cosatu’s first deputy president, Mike Shingange, from his trade union, the National Education, Health, and Allied Workers Union (Nehawu).

Shingange intends to run for Cosatu president, a position he previously held in 2021, and which he is tipped to win. However, just 48 hours before the National Congress was scheduled to begin, Shingange was issued a precautionary suspension by Nehawu.

Stripped of his delegate status, Shingange was unable to register for the election. This prompted seven of Cosatu’s 21 affiliated unions, led by the National Union of Mineworkers (NUM), to withdraw their credentials in protest and collapse the congress’s quorum.

“The decision was taken in accordance with Cosatu’s constitutional clauses … [which] hold that when quorum is not met, the meeting must be held within one month,” said the trade union federation.

“The adjournment comes at a difficult and painful moment in the life of the federation. However, the decision has been taken in the interests of protecting the unity, integrity, and organisational strength of Cosatu. There are no winners when Cosatu is divided.”

Cosatu president Zingiswa Losi could not confirm the exact amount that was spent on the conference, but it’s estimated at around R12-million. Union representatives from across South Africa gathered at Gallagher Convention Centre in Midrand at their own cost to elect a new national leadership and discuss labour issues. But, by 6pm on day two of the four-day congress, the programme had yet to begin.

Cosatu stuck between the ANC and SACP

Shingange is also a Central Committee member of the SACP, while Losi is seen as more closely aligned with the ANC, sparking concerns among delegates that Nehawu’s move may have stemmed from the rift between the ANC and the SACP.

Eyes on the local elections

Cosatu and its affiliates traditionally campaign for and endorse the ANC in elections. With the SACP contesting the upcoming local government elections independently for the first time, winning the labour federation’s endorsement would bolster either party’s election chances. The SACP has stated that since announcing its election stance, its members who hold dual membership with the ANC have been ousted from key leadership positions.

The impasse at the National Congress resulted in two days of closed talks between national branch leaders. On the evening of Tuesday, 15 September, the congress collapsed.

“We cannot at this stage say what happened at congress is driven by political influence, because there were no political discussions that took place,” said Losi. “We were just at the point of opening a congress of workers.”

Labour Court hearing

Shingange approached the Labour Court on 15 September to challenge the suspension on an urgent basis.

Court papers state that the nominations for national office-bearers opened from 7 to 11 September and Shingange agreed to stand for president after being approached by several Cosatu affiliates.

However, at 11pm on 11 September, he was sent an email informing him that the Cosatu National Executive Committee had resolved not to nominate him for any position in the federation and asking him to decline any nominations. He was then sent a notice of precautionary suspension, dated 12 September, which prevented him from participating in any union activities.

According to the court documents, he has not been charged with any misconduct, and there are no details of any scheduled disciplinary inquiry. Shingange requested the court to clear him for elections and interdict Nehawu from preventing him from standing for office.

Nehawu argued that Shingange had failed to exhaust its internal processes and allegedly knew from 25 August that Nehawu would not nominate him, but did not challenge this.

“It has never contended that [Shingange] may not be nominated for, stand for election to, or participate in the congress. Its contention is that the Applicant has made out no case before the Court for the relief he seeks,” according to court papers.

However, the court noted that while Cosatu’s constitution requires a candidate to be nominated by two affiliate unions in good standing, those do not need to include the candidate’s home union. Consequently, Shingange had no grounds to challenge Nehawu's decision back in August.

The court granted the urgent application and ruled that the precautionary suspension does not prevent Shingange from attending or participating in the National Congress nor from participating in the elections.

Nehawu was ordered to pay costs. The trade union has confirmed that Shingange remains a shop steward and they will not prevent him from contesting. Neither Shingange nor Nehawu have publicly stated the reason for the suspension.

Cosatu ‘committed’ to Tripartite Alliance

Cosatu has dismissed fears that the recent chaos threatens its future or the broader Tripartite Alliance.

“Will there be an alliance after congress? We think so. We reaffirm the necessity of the alliance. We are committed, and we are going to take a lead as Cosatu to strengthen, reunite and rebuild the alliance. Of course, our different alliance partners may have their own views, but as far as we know now, they have committed to rebuilding the alliance,” said the organisation.

Speaking to Daily Maverick, SACP leader Solly Mapaila remained optimistic, framing the impasse as evidence of democracy at work.

“This is workers’ democracy. Workers must be allowed to have extensive discussions, to reach out to one another, to differ, but also to agree on common things that can protect their interest. So, it shouldn’t come as a crisis, but it should come as a lesson for how to deepen worker democracy and to encourage it,” he said.

While the ANC did not comment on the record, Daily Maverick understands that the party wishes to remain neutral.

Cosatu confirmed that, in line with its constitution, a new congress would be held within a month but could not confirm a new date or venue.

Whether all the trade union representatives who travelled for the conference will be able to attend the rescheduled event remains to be seen. The collapse of the congress comes amid a tough economic environment in which retrenchments, stagnant salaries and the high cost of living, among other labour issues, remained unaddressed. DM