SAMWU welcomes Labour Court ruling setting aside Municipal Systems Act amendments
17 November 2023
The South African Municipal Workers’ Union (SAMWU) notes and welcomes the recent judgment delivered by Judge J Van Niekerk at the Labour Court. The amendments to the Municipal Systems Act, were signed into law by President Ramaphosa in 2022. The amendments sought to impose a blanket prohibition on municipal workers holding office. SAMWU found it necessary to take the South African Local Government Association (SALGA) and Cooperative Governance and Traditional Affairs (COGTA) to court when they unjustly infringed upon the rights of municipal workers.
We welcome Judge Van Niekerk's ruling which declared that Section 71b of the MSA Amendments are unconstitutional, invalid, and set aside. Judge Van Niekerk has further declared that his ruling be sent to the Constitutional Court for confirmation.
Since the amendments were enacted in October 2022, SAMWU opposed them, considering them a violation of workers' constitutional rights. The current form of these amendments infringes on the rights of municipal workers, as outlined in the Bill of Rights, ensuring full and equal enjoyment of rights and freedoms for all South Africans.
SAMWU has consistently relied on the Constitution, particularly the Bill of Rights, to challenge these amendments. The Bill of Rights guarantees the right to freedom of association, and Section 19(1) grants all South Africans the right to make political choices. According to Section 19(b), everyone has the right "to participate in activities of, or recruit members for, a political party." These rights are further reinforced by Section 19(3)(b), stating that all South Africans have the right "to stand for public office and, if elected, to hold office."