SAMWU WARNS AGAINST POLITICAL ABUSE OF SECTION 106 PROCESS AT TSWAING LOCAL MUNICIPALITY

25 January 2026

SAMWU WARNS AGAINST POLITICAL ABUSE OF SECTION 106 PROCESS AT TSWAING LOCAL MUNICIPALITY

The South African Municipal Workers’ Union (SAMWU) in Mahikeng Region expresses serious concern regarding the manner in which the Section 106 investigation into Tswaing Local Municipality has been conducted by the MEC for Cooperative Governance, Human Settlements and Traditional Affairs (COGHSTA), North West. While Section 106 of the Local Government: Municipal Systems Act empowers the MEC to investigate allegations of maladministration, fraud, corruption or serious malpractice, such authority must be exercised strictly within the confines of the law and in full compliance with principles of procedural fairness and administrative justice.

We are deeply troubled by what appears to be an irregular process marked by speculation, social media leaks and public commentary in the absence of transparent engagement with affected employees and organised labour. There appears to be uncertainty regarding the timeframe of the investigation, the communication of interim findings, and whether those allegedly implicated were formally notified or afforded an opportunity to respond before information began circulating publicly. A lawful Section 106 investigation must be grounded in reasonable grounds, guided by clear terms of reference, supported by proper evidence gathering, and include engagement with implicated parties before a final report is compiled and submitted to Council. Any deviation from these basic procedural safeguards undermines the credibility and integrity of the entire process.

It has been widely circulated on various social media platforms that certain officials, including members of the so-called “troika”, are implicated and that severe consequences will follow once the report is released. SAMWU places it on record that the union has not been formally notified of any allegations against its members. We have not received notices of investigation, requests for representation, interview invitations, precautionary suspension notices or disciplinary charges. In circumstances where members are implicated in

serious wrongdoing, the union would ordinarily be engaged either through the affected member seeking representation or through a formal process requiring union participation. None of this has occurred. This raises the concern that either no formal findings implicating our members exist, or the process has been conducted in a manner inconsistent with labour law and the principles of fairness. Both possibilities are unacceptable.

Any investigation of this nature must comply with the Promotion of Administrative Justice Act and the broader principles of natural justice, including lawfulness, procedural fairness, reasonableness, the right to be heard and the rule against bias. No worker should be subjected to a trial in the court of public opinion without first being formally charged and afforded an opportunity to respond. The leaking of unverified or incomplete information to shape a political narrative not only compromises the dignity of employees but also destabilises the municipality and undermines public confidence in governance processes.

SAMWU is further concerned that the Section 106 process risks being reduced to political theatre rather than serving its lawful purpose of strengthening governance. Oversight must never become a tool for factional battles, public grandstanding or intimidation. If serious findings exist, they must be processed through established disciplinary procedures, referred to law enforcement where appropriate, and handled through formal Council processes. Governance cannot be conducted through WhatsApp messages and social media commentary.

Organised labour is a recognised stakeholder in municipal governance. Any process that implicates employees, suggests disciplinary consequences or affects institutional stability must involve structured engagement with recognised unions. To date, SAMWU Tswaing has not been formally briefed or engaged regarding any specific findings affecting its members, and this exclusion is deeply concerning.

SAMWU supports accountability. We do not defend corruption, nor do we shield wrongdoing. However, we will not allow our members to be politically sacrificed or publicly humiliated without due process. Should it become evident that procedural fairness has been compromised, the union will not hesitate to explore all

available legal remedies, including approaching the Labour Court for urgent relief or seeking a judicial review of the process.

Accountability must be rooted in law, not rumour. Governance must be rooted in justice, not intimidation. SAMWU Tswaing remains committed to defending the rights, dignity and procedural protections of every worker within Tswaing Local Municipality and calls on the MEC and COGHSTA to immediately restore credibility, transparency and lawfulness to this process.

Issued by SAMWU Mahikeng Region
Thabang Chachu
Regional Secretary
082 477 4248