SAMWU VINDICATED AS CITY OF TSHWANE EXEMPTION APPLICATION IS DISMISSED AGAIN!

3 November 2025

SAMWU VINDICATED AS CITY OF TSHWANE EXEMPTION APPLICATION IS DISMISSED AGAIN!

The South African Municipal Workers’ Union (SAMWU) today claims a victory that transcends mere legal outcome. The decisive ruling from the South African Local Government Bargaining Council (SALGBC), issued on 31 October 2025, firmly dismisses the City of Tshwane’s cynical application for exemption from implementing the 2021/2022 Salary and Wage Collective Agreement. This ruling serves as a legal defeat for the City and also a triumph of justice over executive arrogance and a validation of the workers’ dignity.

In its ruling, the SALGBC has the City to comply with the Salary and Wage Agreement and effect the necessary adjustments and payments, including all back pay, within six months of the award. This ruling marks the second time the City has failed in this very attempt, following the Labour Court’s instruction for a rehearing. The SALGBC has now, unequivocally and for the second time, upheld the rights of workers, directing the City to pay workers the overdue 3.5% salary increases that were supposed to be effected in July 2021.

For years, while the City played endless legal games, workers in Tshwane and their families have been subjected to severe and unjust economic hardship. These delays forced our members to face soaring costs of living without the crucial salary adjustments that were legally due to them. This hardship was not just a misfortune, it was a direct consequence of the employer’s deliberate actions to shirk a binding collective agreement.

The SALGBC’s finding cuts to the heart of the matter that the City failed to prove unaffordability and instead chose to prioritise massive increases in non-essential expenditures, such as inflated contracted services, over the livelihoods of its own dedicated workforce. The argument that paying the increase would be “unlawful” was soundly rejected by the Commissioner, confirming that no deliberate, politically-motivated budget omission can be allowed to tear up a legally binding contract.

SAMWU has tirelessly and relentlessly fought this battle, ensuring the integrity of our case by appointing the best legal teams possible. Our victory sends a resounding message to the employer and many others that, the integrity of collective bargaining is sacrosanct. It is the bedrock of labour peace, and no employer, regardless of its size or political will, will be allowed to casually undermine the rights and agreements fought for and won by the working class.

The profound labour instability and service delivery crises that have plagued Tshwane were not caused by the workers demanding their dues, but by the employer’s systemic disrespect and devaluation of its workforce.

This dismissal now demands immediate, non-negotiable compliance. We therefore urge the City and its management to implement this ruling without further delay. It is about time the City respects the rule of law and the sanctity of the collective agreement. Furthermore, SAMWU issues an urgent and unequivocal call for the immediate and unconditional reinstatement of the 41 workers who were unfairly and unprocedurally dismissed for demanding these very increases that have now been fully vindicated by the SALGBC. Their reinstatement is non-negotiable and a necessary act of healing to restore trust.

While we celebrate this victory, our fight for full compensation continues. Regarding the subsequent 5.4% wage increase also due to workers, SAMWU is appealing the Labour Court’s previous ruling and has appointed an even stronger legal team for the matter before the Labour Appeal Court. Our resolve is iron-clad, we firmly believe the union will emerge victorious on that matter as well. SAMWU will continue to stand as the shield and sword for every municipal worker, ensuring that justice is not just promised, but delivered.

As a Union, we thank our members for the trust that they had in the union throughout the process, we commit ourselves to ensure that we force the employer to implement this ruling, while delicately following up on the outstanding 5.4% increases.

Issued by SAMWU Secretariat

Dumisane Magagula
General Secretary
076 580 4029

Or

Nkhetheni Muthavhi
Deputy General Secretary
082 526 5224

Or

Papikie Mohale
National Media Officer
076 795 8670