April 2025

For Immediate Release 09 April 2025 SAMWU WELCOMES LANDMARK CONSTITUTIONAL COURT RULING AFFIRMING MUNICIPAL WORKERS’ POLITICAL RIGHTS The South African Municipal Workers’ Union (SAMWU) welcomes the landmark ruling by the Constitutional Court, which confirms the Labour Court’s declaration that the inclusion of the phrase “staff member” in section 71B of the Local Government: Municipal Systems […]

Read more about SAMWU WELCOMES LANDMARK CONSTITUTIONAL COURT RULING AFFIRMING MUNICIPAL WORKERS’ POLITICAL RIGHTS The South African Municipal Workers’ Union (SAMWU) welcomes the landmark ruling by the Constitutional Court, which confirms the Labour Court’s declaration that the inclusion of the phrase “staff member” in section 71B of the Local Government: Municipal Systems Act is unconstitutional and invalid. This judgment is a resounding victory for the political rights of municipal workers and a powerful reaffirmation of the democratic principles enshrined in our Constitution. It sends a clear and unequivocal message that workers do not surrender their constitutional rights at the workplace gate. This case, which began in the Labour Court, was brought forward after numerous SAMWU members were threatened with dismissal for holding political office in their personal capacity. In some instances, workers were forced to resign from their political positions, while others were barred from contesting elections in political parties altogether. Recognising the profound constitutional implications of this injustice, the Labour Court correctly declared the offending provision invalid and referred the matter to the Constitutional Court for confirmation. Today’s judgment by the highest court in the land has vindicated our long-standing position: the 2022 amendment to the Municipal Systems Act imposed an unjust and overbroad limitation on workers’ rights, and was unconstitutional in both intent and effect. The Constitutional Court has now affirmed that only senior municipal officials being: municipal managers and those directly accountable to them, may be restricted from holding political office, as was originally intended during the public participation process. The blanket ban introduced by the amendment, which extended to all municipal employees regardless of their role or seniority, was an unnecessary overreach that punished ordinary workers who had no influence over political or administrative decisions in municipalities. This ruling restores balance and justice. It recognises that municipal workers are not just employees of the state, but full citizens entitled to participate in the political processes that shape their communities and their futures. We are, however, deeply disappointed by the actions of the Department of Cooperative Governance and Traditional Affairs (COGTA) and the South African Local Government Association (SALGA), who were the respondents in this matter. These institutions, funded by taxpayers, chose to defend an indefensible law—despite widespread criticism and strong legal arguments against it. Their decision to pursue this matter to the highest court, knowing it infringed on basic constitutional rights, was a gross misuse of public resources. Millions of rands that could have been directed toward improving municipal service delivery were instead wasted on legal costs to uphold a fundamentally flawed law. Despite numerous calls and engagements by SAMWU with both the leadership of COGTA and SALGA—where we raised serious concerns about the misuse of state power and public resources—our appeals fell on deaf ears. Even after the Labour Court’s ruling, SAMWU held robust discussions with SALGA’s leadership, yet they chose to ignore reason and persisted in wasting municipal funds to pursue the matter all the way to the Constitutional Court. Shockingly, they did so without presenting any meaningful evidence or clarity to the Court panel. SAMWU therefore demands accountability. Those responsible for initiating and defending this flawed legal battle must be held personally liable for the wasteful expenditure incurred. Public institutions cannot be allowed to engage in politically motivated litigation with impunity—particularly when it is funded by taxpayers and comes at the direct expense of workers and the communities they serve. While we welcome the Constitutional Court’s judgment, we cannot overlook the human cost of this unconstitutional amendment. Many workers were forced into an impossible choice: give up their right to participate in the democratic process, or lose their jobs. Some municipal workers were removed from their positions, others were discouraged or even barred from standing as candidates in elections. These workers were unjustly stripped of their political rights, and while this judgment corrects the law, it cannot erase the personal and professional sacrifices already made. As SAMWU, we will now intensify our efforts to ensure that those workers who were unfairly dismissed or pressured to resign are reinstated or appropriately compensated. Justice must not only be legal, it must be practical and restorative. We also extend our sincere gratitude to our federation, COSATU, and our alliance partner, the South African Communist Party (SACP), for their unwavering support throughout this legal battle. Their solidarity was not only a source of strength, but a clear reminder that the struggle for workers’ rights is a collective one. This ruling is not just a victory for SAMWU, it is a victory for the entire labour movement. It confirms that when workers stand united and speak with one voice, justice will prevail. As we move forward, SAMWU will use this judgment to further strengthen our advocacy for the political inclusion of workers. We will challenge any remaining barriers to municipal workers’ participation in political life and ensure that no such unconstitutional overreach happens again. After all, municipal workers are not apolitical. We are leaders, activists, and members of our communities. We have every right to shape the political landscape of our country—not only through our labour, but through our voices, our votes, and our vision for a better future. This ruling is a timely reminder that no government, no matter how well-intentioned, has the authority to arbitrarily strip citizens of their constitutional rights. As SAMWU, we remain resolute in our commitment to defend and advance the rights of workers—both in the workplace and in the political arena. This victory strengthens our democracy, protects our Constitution, and reaffirms the power of collective action. Issued by the SAMWU Secretariat Dumisane Magagula, General Secretary, (076 580 4029), Nkhetheni Muthavhi, Deputy General Secretary, (082 526 5224) or Papikie Mohale, National Media Officer, (076 795 8670)

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