Free Ride Denied – IMATU Defends the Sector

IMATU’s eThekwini Region has emerged victorious in a major legal showdown, after the CCMA dismissed an unrecognised trade union’s claim for organisational rights. Despite an enthusiastic effort (and some creative maths), the unrecognised union just couldn’t make 3% look like “sufficient representation.”

In the matter of MATUSA v eThekwini Municipality and Others (KNDB12541-23), the union tried to claim organisational rights like access to workplaces, deduction of membership fees, and time off for union duties, but without having sufficient support. IMATU opposed their claim.

The Commissioner found that the union, with only 3% verified membership in the workplace, did not establish a substantial interest or significant number of employees to claim recognition in the sector. Giving them organisational rights would create confusion and weaken the sector’s stability. Their attempt to bypass the 15% national threshold, set by the Main Collective Agreement, was therefore rightly rejected.

The ruling makes it clear: if a union does not have enough members, it cannot force its way into the workplace simply by showing up with a logo. Organisational rights are not handed out to just anyone who demands them. Real membership is earned, not assumed through shortcuts, technicalities or inflated numbers.

This outcome stops the sector from being flooded with small groups who don’t have any real support. It keeps the system stable, avoids unnecessary costs, and ensures that unions who truly represent the interests of workers stay strong.

A WIN FOR STRUCTURE. A WIN FOR STABILITY. A WIN FOR IMATU!!!