The fate of the National Union of Metalworkers lies in the hands of delegates to the special congress of labour federation Cosatu next month. Acting Judge Mandla Mbongwe dismissed Numsa's application in the Johannesburg High Court for an order that it be accredited as a participant in the special congress.Mbongwe, who was clearly impatient with Numsa's insistence that its application was urgent, said the union had had since February to lodge its application."They only bring the matter to court on the eve of the special congress. This is an afterthought," said Mbongwe.The dismissal of the application has serious implications for Numsa. It means that it will not be part of the Cosatu congress at which decisions that could affirm or overturn its expulsion are likely to be taken.Depending on the decisions taken at the congress, Numsa's application to be reinstated as a member of the labour federation could be tabled before the ordinary congress in November.Now the fate of Numsa, which was ejected from Cosatu last year, depends on other affiliates raising the matter during the special congress and the balance of forces in Cosatu appears not to be in favour of the union's reinstatement.Outside court, expelled Cosatu secretary-general Zwelinzima Vavi told the media that the decision to dismiss Numsa's application was the end of the legal challenge."It is the end of the road and it is up to workers to meet and decide on what to do," he said.Cosatu deputy secretary Bheki Ntshalintshali said the federation was relieved."We are going ahead with the special congress without Numsa."Political analyst Elvis Masoga said Numsa's decision to file an application was not honest."They have been engaged in behind-the-scenes plans to form an alternative to Cosatu but publicly they want workers to believe that they have done everything in their power to remain in Cosatu."..