Samwu seeks to recover R9.6 million from ex-deputy general secretary accused of fraud

The South African Municipal Workers’ Union (Samwu) is pursuing legal action against its former deputy general secretary, Moses Miya, in an attempt to recover over R9.6 million allegedly misappropriated during his tenure.

Miya, who held leadership roles within the Cosatu-affiliated union between 2012 and 2018, was dismissed in March 2020 after auditors flagged financial irregularities. Despite previous criminal charges being struck off the roll, the union has launched a civil case to reclaim the lost funds.

Miya was first accused of fraud, theft, and money laundering in 2015, leading to a criminal case at the Johannesburg Commercial Crimes Court. However, the case was dismissed in October 2017.

The allegations stem from transactions made between January 2012 and December 2015, during which Miya allegedly transferred union funds to service providers unlawfully. Following an Ernst & Young forensic audit, Samwu took internal action, suspending Miya in 2018 and terminating his employment two years later for non-compliance with suspension conditions.

Samwu’s civil claim, filed in the Free State High Court, suffered a setback when Judge Joseph Mhlambi ruled that the court lacked jurisdiction. Miya’s legal team successfully argued that since he was based in Gauteng, the case should not have been filed in the Free State, despite his wife residing there.

Miya also contested the union’s delay in launching the legal action, as it only filed the claim in 2023. Additionally, he pointed out a procedural flaw—the failure to include Old Mutual Super Fund Pension Fund as a defendant, despite seeking an order to deduct money from his pension.

Responding to the ruling, Samwu general secretary Dumisane Magagula confirmed that the union is considering its next steps.

“We are in possession of a legal opinion stating that we have strong prospects of success if we appeal,” Magagula said.

He added that Samwu’s primary focus is the merits of the case, which revolve around recovering union funds as per the forensic audit recommendations.

The union is now weighing whether to appeal the jurisdiction ruling or file a fresh case in a different court.

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