South African Labour Court Rules Against Local Government Act Amendment

Pretoria, South Africa – The Portfolio Committee on Cooperative Governance and Traditional Affairs has acknowledged the recent judgement by the Labour Court of South Africa concerning a legal dispute involving the South African Municipal Workers’ Union (SAMWU), the Minister of Cooperative Governance and Traditional Affairs, and the South African Local Government Association (SALGA).

According to Parliament of South Africa, SAMWU contested an amendment to the Local Government: Municipal Systems Act which added the phrase “staff member.” The union took SALGA and the department to court, asserting that the amendment unjustly infringed upon the rights of municipal workers.

The court ruled that the inclusion of “staff member” in section 71B of the Local Government: Municipal Systems Act was unconstitutional and invalid. Consequently, the court ordered the removal of the phrase “staff member” from section 71B, revising the clause to read: “A municipal manager or manager directly accountable to a municipal manager may not hold political office in a political party, whether in a permanent, temporary or acting capacity.”

The committee expressed that this judgement should serve as a lesson regarding the use of legislation, emphasizing that legislation should not be misused as a means to evade responsibilities by those in authority. The committee stressed the importance of managing local government employees through appropriate policies and regulations, rather than relying solely on legislative measures. They also stated their intention to closely monitor the developments following this judgement.