SAMWU WELCOMES CONSTITUTIONAL COURT JUDGMENT AFFIRMING WORKERS’ RIGHTS IN KING CETSHWAYO MATTER
22 April 2026
SAMWU WELCOMES CONSTITUTIONAL COURT JUDGMENT AFFIRMING WORKERS’ RIGHTS IN KING CETSHWAYO MATTER
The South African Municipal Workers’ Union (SAMWU) welcomes the judgment of the Constitutional Court delivered on 22 April 2026 in the matter of King Cetshwayo District Municipality v Water and Sanitation Services South Africa (Pty) Ltd and Others.
This judgment brings to a close a long and protracted legal battle that has caused immense uncertainty and hardship for hundreds of workers. As SAMWU, we are encouraged that the highest court in the land has effectively upheld the position that the termination of the service level agreements and the subsequent insourcing of water services constituted a transfer of a business as a going concern in terms of section 197 of the Labour Relations Act.
By refusing the Municipality leave to appeal, the Constitutional Court has affirmed the findings of both the Labour Court and the Labour Appeal Court — that the workers who had been providing these essential services cannot simply be discarded when services are reconfigured. Their contracts of employment are protected by law and must transfer accordingly.
This is a significant victory not only for the affected workers in King Cetshwayo, but for municipal and water sector workers across the country. It reaffirms a fundamental principle that workers are not commodities to be discarded at the whim of administrative or contractual changes. Their rights, dignity, and livelihoods must be protected.
We further note the Court’s remarks on the delays in the resolution of this matter, which had a devastating impact on more than 600 workers and their families. This underscores the urgent need for expeditious dispute resolution in labour matters, particularly where workers’ livelihoods are at stake.
SAMWU commends the resilience, unity, and steadfastness of the affected workers who endured years of uncertainty while continuing to assert their rights. Their struggle is a reminder that justice, though delayed, must ultimately prevail.
We call on all municipalities and organs of state to take heed of this judgment and ensure full compliance with section 197 of the Labour Relations Act in all instances of outsourcing, insourcing, or restructuring of services. Any attempt to circumvent these protections will be met with the full might of organised labour.
As SAMWU, we reiterate our commitment: we shall organise, we shall mobilise, and we shall fight in defence of workers’ rights and dignity.
Issued by SAMWU KZN
Nokubonga Dinga
Provincial Secretary
Or
Zethu Fakude
Deputy Provincial Secretary
0635092924