damages
Numsa is instituting a civil claim against Jay Naidoo and Sydney Mufamadi for the alleged interception of union cheques, writes Sechaba kaNkosi
The National Union of Metalworkers (Numsa) is to institute a civil claim against Minister of Communications Jay Naidoo, and his counterpart, Minister of Safety and Security Sydney Mufamadi, for damages the union suffered during the apartheid era.
The union has hired private investigators to ascertain the exact amount of money involved.
The case stems from an alleged interception of union cheques by convicted murderer and former security officer Michael Bellingan from the 1970s possibly into the 1990s.
The cheques are said to have been intercepted and deposited into Bellingans bank account under the alias of Nicholas Umsa.
Numsa says it also wants to include Telkom and bank employees among its accused in the lawsuit for having colluded with Bellingan and the security police in the diversion of its cheques. Although the exact amount is still not yet known, Numsa officials estimate it at well over R2-million.
Numsa made its intentions to sue the government known as early as 1994, when a bag containing information on Bellingans diversion of fraudulent cheques destined for Numsa was found in his wife Janines locker at work soon after she was bludgeoned to death in 1991. Numsa sources say the union has now gathered enough evidence to proceed with the charges. Numsa deputy general secretary Peter Dantjie confirmed this week that the union wants to be compensated, not only for the violation of its rights, but for all the money lost during that period.
We believe we have a good case against the state. Once our investigations are complete, we will definitely file for damages, says Dantjie. Minister of Transport Mac Maharaj and some current and former Transnet executives are also said to be similarly targeted by the South African Railway and Harbour Workers Union (Sarhwu) for the three-month-long railways strike in 1987.
The strike resulted in the deaths of some Sarhwu members and scores more were injured during clashes between the strikers and scabs employed by the company.
Six Sarhwu members were subsequently sentenced to death for alleged murder and intimidation but released in 1993.
The three ministers and Transnet executives add to a long list being compiled by unions as they prepare their final submissions for the Truth and Reconciliation Commission (TRC) in about two weeks time.
Other companies to be implicated in the hearings include wine co-operative KWV, Sasol, Kinross Mines and Zebediela Citrus Estate. The unions contend that these companies wittingly or unwittingly collaborated with the state in suppressing human and trade union rights during the apartheid years.
Although the TRC Act does not allow for institutions and organisations to be sued, insiders say the unions are working on a detailed strategy to ensure that members and families who suffered during the period are amply compensated.
The National Council of Trade Unions general secretary Cunningham Ngcukana says: We know it might take longer than we expect, but we are going to encourage our affiliates to make sure that justice is done for their members and families.
Police killed, injured and set dogs on our members during the period and that in itself is a criminal charge. Some cannot afford to feed their families as a result. So we believe that the TRC provides us with a perfect opportunity to set the record straight.
Most unions agree that while a broad political submission to the commission is necessary, there is also a need to ensure that those who were directly involved are punished through criminal justice procedures or civil suits.