SAMWU CONDEMNS UMSUNDUZI MUNICIPALITY FOR RUSHING TO COURT INSTEAD OF NEGOTIATING WITH STRIKING UMSUNDUZI WORKERS

June 17, 2026 adminPress

17 June 2026

The South African Municipal Workers’ Union (SAMWU) in the Mafika Mshengu Region notes the judgment of the Labour Court dismissing uMsunduzi Local Municipality’s urgent application against workers who are engaged in a protected strike.

SAMWU welcomes this important outcome, which confirms what the Union has said from the beginning: the Municipality must stop using the courts as a substitute for meaningful engagement with workers. Instead of sitting around the table in good faith to resolve legitimate workplace grievances, the Municipality chose to rush to court in an attempt to interdict workers and undermine their constitutional right to strike.

The protected strike arises from long-standing and unresolved workplace grievances, including the failure to implement Task Grade 7 for General Assistants, the failure to review the municipal organogram, outdated job descriptions that do not reflect the work actually performed by employees, unresolved grading and regrading matters, lack of proper tools of trade, outstanding leave balance discrepancies, unfair disciplinary processes, lack of accountability against non-performing senior managers, the continued occupation of positions by unqualified managers, disregard for collective bargaining processes and the victimisation of shop stewards and union representatives.

This conduct is not only regrettable, it is a clear demonstration of bad faith. The Municipality approached the Labour Court while parties were still engaged in discussions aimed at resolving the dispute. SAMWU attended engagements in good faith, believing that all parties were committed to finding an amicable solution. It has now become clear that, while workers and their representatives were engaging, the Municipality had already chosen the route of litigation.

The Labour Court correctly exposed this conduct. The Court found that the Municipality approached the Court while negotiations were still underway and without warning to the Union. The Court further criticised the unreasonable and extremely truncated timeframes within which the Municipality brought the application, as well as the poor quality of its founding papers.

Of great importance is that the Court also found that the Municipality failed to provide evidence to support its allegations against workers. The attempt to create the impression that striking workers intended to disrupt the Comrades Marathon was not supported by credible evidence. SAMWU rejects this reckless attempt to criminalise workers and to portray them as a threat to public order when they are simply exercising their lawful and protected right to strike.

The Court further found that the Municipality had failed to follow the dispute-resolution procedures contained in the Labour Relations Act and the agreed picketing rules before approaching the Court. As a result, the application was struck off the roll for lack of jurisdiction, with the Municipality ordered to pay SAMWU’s legal costs.

This judgment is a serious embarrassment for uMsunduzi Local Municipality. It confirms that the Municipality acted hastily, irresponsibly and in bad faith. It also confirms that the Municipality would rather waste public funds on ill-conceived litigation than use those resources and energy to resolve the legitimate demands of workers.

The strike at uMsunduzi Local Municipality did not arise out of nowhere. Workers have raised genuine and long-standing workplace grievances, including the implementation of Task Grade 7 for General Assistants, a comprehensive review of the municipal organogram, the review of job descriptions to align them with the work actually performed by employees, grading and regrading of salaries, the provision of proper tools of trade, the resolution of leave balance discrepancies, fair disciplinary processes, accountability for non-performing senior managers, action against unqualified managers, respect for collective bargaining and an end to the victimisation of shop stewards and union representatives.

These are not unreasonable demands. They go to the heart of fairness, dignity, accountability and the proper functioning of the Municipality. Workers cannot be expected to carry the burden of service delivery while their own legitimate grievances are ignored. The Municipality cannot demand productivity from workers while refusing to provide the necessary tools, fair grading, proper remuneration, institutional support and a dignified working environment.

SAMWU is particularly concerned that the Municipality appears more willing to spend money on lawyers than to engage workers honestly. This is unacceptable. Public funds should not be wasted on court applications designed to silence workers. Those funds should be used to improve service delivery, address workplace injustices and ensure that municipal employees are treated with fairness and respect.

SAMWU further condemns any attempt by the Municipality to use major public events as a public relations shield while refusing to resolve the real issues affecting workers. Workers are not the enemies of service delivery. Workers are the backbone of service delivery. It is the Municipality’s failure to address legitimate workplace grievances that has brought matters to this point.

The Union remains committed to a peaceful, disciplined and protected strike. SAMWU members will continue to exercise their constitutional rights responsibly and within the law. We therefore reject any attempt to portray workers as criminals or as a threat to the public. The true threat to stability in uMsunduzi is a municipal leadership that refuses to negotiate honestly and instead chooses confrontation through the courts.

SAMWU calls on uMsunduzi Local Municipality to abandon its hostile and confrontational approach and return to the negotiating table with a genuine commitment to resolving the demands of workers. Litigation will not grade workers correctly. Litigation will not provide tools of trade. Litigation will not correct leave balances. Litigation will not end the victimisation of shop stewards. Litigation will not resolve the deep workplace grievances that workers have been raising.

Only genuine engagement, concrete commitments and binding solutions can bring this dispute to an end.

The responsibility for resolving the strike rests squarely with the leadership and management of uMsunduzi Local Municipality. Workers have made their demands clear. They want justice, fairness, proper grading, adequate resources, accountable management, respect for collective bargaining and an end to intimidation and victimisation.

SAMWU stands firmly with the workers of uMsunduzi Local Municipality. Their struggle is just, lawful and necessary. The Union will not be intimidated by court applications, threats or attempts to criminalise workers.

The Municipality must stop running to court and start negotiating with workers.

The strike continues until the workers’ demands are met.

Issued by SAMWU Mafika Mshengu Region

Bongi Gule
Regional Secretary
073 006 4220