SUBJECT: LABOUR COURT VINDICATES SAMWU AGAINST UMHLATHUZE MUNICIPALITY’S UNLAWFUL SALARY DEDUCTIONS

January 12, 2026 adminPress

Date: 8 January 2026

The South African Municipal Workers’ Union (SAMWU) welcomes yet another decisive victory and vindication in the Labour Court against the uMhlathuze Local Municipality. This victory reaffirms the fundamental rights of workers and underscores that no employer is above the law.

In an ex-tempore judgement handed down ytoday, Honourable Judge Gandidze unequivocally confirmed that the uMhlathuze Municipality acted unlawfully by deducting salaries from SAMWU members outside the strict prescripts of the Basic Conditions of Employment Act (BCEA). The Court found that the municipality’s actions constituted a blatant violation of the law governing the employment relationship.

This ruling is not an isolated incident. It follows hot on the heels of a similar order granted against the same municipality in December 2025, where the court found uMhlathuze guilty of violating workers’ rights and abusing its powers. The municipality’s persistent pattern of disregarding labour laws and targeting workers’ livelihoods has now been exposed and condemned by the judiciary for a second time in as many months.

In a firm rebuke, the Labour Court has severely criticised the conduct of the uMhlathuze Municipality, describing its actions as unlawful. The court further demonstrated its disapproval by ordering the municipality to pay the full legal costs of the application. This costs order is a clear judicial sanction against the municipality’s wasteful and oppressive litigation, funded by public money.

This consecutive judicial condemnation highlights a troubling culture of impunity and disregard for workers within the uMhlathuze Municipality’s administration. SAMWU has consistently maintained that the municipality’s actions were nothing short of an attack on the constitutional and statutory rights of hardworking municipal employees.

SAMWU calls on the uMhlathuze Municipal Council and its administration to:

1. Immediately and unconditionally cease all unlawful salary deductions.

2. Comply fully with the court order and rectify any financial harm caused to affected members.

3. Respect the rule of law and the rights of its employees as enshrined in the BCEA and the Constitution.

4. Redirect its efforts and resources towards constructive engagement with SAMWU to resolve any legitimate disputes through negotiation, rather than through unlawful and punitive measures.

SAMWU remains unwavering in its commitment to defend its members against any form of exploitation or abuse of power. We will not hesitate to return to court, as many times as necessary, to protect our members’ hard-earned salaries and their dignity at work.

This victory is a victory for every municipal worker in South Africa. It sends a powerful message that workers’ rights are non-negotiable and that unions will triumph against unlawful conduct.

End.

Issued by:

South African Municipal Workers’ Union (SAMWU), KwaZulu Natal

For further information, contact:

Regional Secretary Zandile Gumede 081 284 2591