The Congress of South African Trade Unions (COSATU) has welcomed a ruling by the Constitutional Court of South Africa to dismiss an application by Northwest Transport Investment (NTI) business rescue practitioner (BRP) Thomas Hendrick Samson, describing the decision as a decisive end to a prolonged legal battle.
In a statement issued on Wednesday, COSATU said the apex court’s refusal to grant Samson leave to appeal directly to it effectively confirms earlier court rulings that removed him from his position at the troubled state-owned bus operator.
Samson was appointed as BRP in 2022 after NTI was placed under business rescue, following years of financial instability and governance failures linked to both the North West and Gauteng provincial governments. However, COSATU and its affiliate, the South African Transport and Allied Workers Union (SATAWU), have long argued that his tenure worsened conditions at the entity.
The union accused Samson of failing to account for public funds injected into NTI and neglecting his primary responsibility of stabilising the company. Workers were left unpaid for extended periods, with some going as long as 14 months without salaries.
SATAWU initially approached the High Court in a bid to have Samson removed. In November 2024, the court ruled in favour of the union, ordering his removal. Samson subsequently appealed the decision, prolonging the legal process.
The matter was later reaffirmed by the Gauteng High Court, Pretoria, in late 2025, which found Samson unfit to hold office and again ordered that he vacate his role. Despite this, Samson sought to challenge the decision at the Constitutional Court.
COSATU said the latest ruling not only dismisses his application but also orders him to pay legal costs, a move the federation says sends a strong message against abuse of legal processes.
“This decision brings much-needed closure to workers who have endured immense hardship,” COSATU said, noting that the drawn-out legal battle had diverted resources meant to rescue NTI.
The union federation highlighted the severe impact on workers, many of whom faced financial distress after months without pay. It said intervention by COSATU, SATAWU and government stakeholders was necessary to secure the payment of outstanding salaries.
Following engagements with the Department of Transport and Minister Barbara Creecy, as well as provincial authorities, workers received their November and December wages in early January 2026. Commitments were also made in February to settle remaining salary backlogs and third-party deductions, including pension and medical aid contributions.
COSATU has raised broader concerns about the conduct of some business rescue practitioners, warning of a growing trend of individuals exploiting the system for personal gain.
The federation is now calling for urgent reforms, including discussions at the National Economic Development and Labour Council (NEDLAC), to strengthen oversight and accountability in business rescue processes.
Looking ahead, COSATU urged NTI, together with the North West and Gauteng governments and the national Department of Transport, to implement a credible turnaround strategy. The federation said restoring the company’s financial health is critical not only for its employees but also for the working-class communities that depend on its transport services.
The ruling marks a significant moment in the long-running NTI saga, with labour groups hoping it paves the way for stability and reform at the embattled entity.
