SAMWU WELCOMES LABOUR COURT VICTORIES AGAINST CITY OF CAPE TOWN

23 February 2026

SAMWU WELCOMES LABOUR COURT VICTORIES AGAINST CITY OF CAPE TOWN

The South African Municipal Workers’ Union (SAMWU) in the Xolile Boss Nxu (Cape Metro) Region welcomes and celebrates three significant Labour Court judgements issued last week, which have vindicated our members who were unfairly dismissed by the City of Cape Town and forced to endure more than 12 months without employment.

From the outset, the Union has consistently maintained that the City must exercise fairness, consistency and legality in its disciplinary processes. The fact that three different judges have independently ruled in favour of our members confirms what we have always asserted: the dismissals were unjust. These outcomes are not only victories for the affected workers but also for the principle of fairness in the workplace.Two of the judgements relate to matters within the Safety and Security Directorate, involving an officer and an administrative clerk. The third judgement concerns a Superintendent in the Energy Directorate.

In the case of the officer, the Court correctly rejected the employer’s rigid “zero tolerance” approach, which has frequently been applied in a blanket and mechanical manner, particularly by the Executive Director. The judgement makes it clear that discipline cannot be imposed arbitrarily or without proper consideration of fairness and proportionality. The City must now ensure that it applies the law consistently and justly.

In the matter of the administrative clerk, the Court reaffirmed the fundamental principle of consistency in disciplinary action. The City chose to charge and dismiss a subordinate employee while failing to take action against a supervisor who committed similar misconduct. Such selective discipline undermines trust and fairness in the workplace, and the Court has rightly corrected this injustice.

The Energy Directorate matter involved a Superintendent dismissed for allegedly breaching a so-called “common-sense rule”. The Court has now clarified this issue and set aside the dismissal, reinforcing the principle that employees cannot be punished on vague or undefined standards.

These victories follow another positive Labour Court judgement last month, in which a Superintendent in the Safety and Security Directorate was ordered to resume his duties after being unfairly demoted. Together, these rulings send a clear message that unlawful and procedurally flawed disciplinary actions will not withstand judicial scrutiny.

Our estimation is that these matters will cost the City well over a million rand in compensation, excluding legal costs. This is public money that could have been directed towards improving service delivery and addressing the pressing needs of residents. Instead, it has been wasted on avoidable litigation, despite the City maintaining a fully-fledged legal department.

We call upon political leadership within the City to reflect seriously on these repeated legal defeats. Councillors have a responsibility to exercise oversight and ensure that municipal resources are used responsibly. Ratepayers deserve accountability, and the public must take note of how their money is being spent.

As SAMWU, we are energised by these outcomes. We will continue to defend our members vigorously against unfair treatment and unlawful disciplinary action. We remain steadfast in our commitment to justice, fairness and the protection of workers’ rights within the City of Cape Town.

Issued by SAMWU Xolile Boss Nxu (Cape Metro) Region

Hlalanathi Gagayi, Regional Secretary, 072 4478 091

Unathi Sowazi, Deputy Regional Secretary, 067 600 3006