The National Union of Metalworkers (Numsa) on Monday warned the leadership of the Congress of South African Trade Unions (Cosatu) that it was fighting ”tooth and nail” to be reinstated into the trade union federation and attend the special national congress next month.

The union, which was expelled from the country’s biggest trade union federation last year, said it would approach the South Gauteng High Court on Tuesday to ensure that it forms part of the congress scheduled to take place on July 13 and 14 in Johannesburg.

‘We strongly believe that the route we are taking is a legitimate and correct one, since the special national congress has the powers to rescind Numsa’s expulsion,” Numsa general secretary Irvin Jim told journalists at a briefing in Johannesburg.

He was accompanied by leaders of eight other Cosatu affiliates, who had been backing Numsa and calling for it to be reinstated in Cosatu.

The union would seek from the court to declare that Numsa remained a Cosatu affiliate. It would also seek that the court ensured that a full contingent of Numsa delegates attended the congress, that the special congress have powers like any national congress and that its replacement at the federation, the Liberated Metalworkers of South Africa (Limusa) not be allowed to attend the congress.

The Limusa members were unemployed, Jim said.

”We are saying that the court should not allow a shelf union such as Limusa to be part of a congress. A union consists of employed people, not unemployed people who sat around and decided who is president and so on.”

Jim said the leadership of Cosatu was manipulating who could attend the congress.

”Cosatu’s national office bearers are now trying to undermine the settlement to hold the special congress, by manipulating who can attend the congress and the matters to be discussed there. This is a clear underhand strategy to influence the outcomes of the congress…the workers shall defeat such an agenda.”

Thulaganyo Gaushubelwe, secretary of the South African Football Players Union (SAFPU), said his union and the other affiliates believed Numsa should be heard at the congress.

”They must be given their opportunity to be at the special congress and be heard, we support this as Cosatu affiliates, and this appeals to the issue of unity and cohesion,” Gaoshubelwe said.

”We cannot say we’re dealing with unity and cohesion but then exclude Numsa and [former Cosatu secretary Zwelinzima] Vavi.”