SAMWU Welcomes Con Court Ruling Confirming Union Leadership

1 November 2018  

The South African Municipal Workers’ Union (SAMWU) notes and welcomes the Constitution Court judgment delivered on the 29th October wherein the union leadership has been confirmed by the Apex Court, highest court in the land under the case number CCT 177/18.

The Constitutional Court in its wisdom dismissed the application for leave to appeal the Labour Appeal Court judgment delivered earlier this year. This follows the Labour Court having ruled in 2016 on the legitimate leadership of the union. The Constitutional Court said that “the application for leave to appeal should be dismissed as it has no prospects of success” essentially laying this matter to rest.

In welcoming the Judgment delivered by 9 Justices of the Constitutional Court, we would like to highlight the fact that tax payers money was once again wasted by the City of Johannesburg in their crusade to systematically eradicate organized labour within the City.

This case stems from litigation which was  supported by the City of Johannesburg and their cabal in wanting to ensure that use the divide and rule principle against the workforce.

The City of Johannesburg has used this case as a scapegoat for their desire to leave the South African Local Government Association (SALGA) and subsequently collapse collective bargaining within the City, arguing that the latter should have intervened whereas the courts had ruled that City of Johannesburg had no locus standi and as such could not interfere in the affairs of organized labour.

The union is vindicated by the ruling. It is however unfortunate that attempts by the City of Johannesburg Executive Mayor Herman Mashaba and his cabal had consequences for our membership wherein the Executive Mayor had decided that he City would be illegally withholding our members’ Union subscription fees.

We have it on good authority that the City is in financial trouble and has been illegally using workers’ money for operations hence the reluctance by the Executive Mayor to payover to SAMWU what was legally due to the union, consequently and deliberately hampering our ability to service our members.

SAMWU has therefore instructed its attorneys to immediately write to the City of Johannesburg demanding that all membership subscription fees  which were withheld by the employer are immediately paid over to the union with interest. Failure by the City to payover what is due to the union will result in us approaching the courts to seek remedy.

This judgment further vindicate the union's previous sentiments that  the CoJ Executive Mayor wanted to create an illusion that there was a crisis within SAMWU.

Ours is now to channel our energy and resources towards the servicing, recruiting and retaining municipal workers in the fold of SAMWU particularly given the onslaught which municipal workers are facing in the hands of the employer.

We therefore consider this matter closed and as such will be on the ground properly communicating it to our members who were deliberately misinformed in an attempt to capture the union for ulterior motives. As things stand, the union is led by a collective which consists of Pule Molalenyane as its President, John Dlamini as Deputy President, Simon Mathe as the General Secretary and Moses Miya as the Deputy General Secretary.

Issued by Simon Mathe, General Secretary, SAMWU, 1 November 2018