By Mpumzi Mshweshwe
The Constitutional Court has ruled that the Labour Court’s declaration that the inclusion of the phrase “staff member” in the Municipal Structures law is in conflict with the Constitution, a decision that has been welcomed by the ANC and the South African Municipal Workers Union.
In a recent judgment, the Concourt said section 71B of the Local Government: Municipal Systems Act is unconstitutional and invalid. In 2022 the Municipal Systems Act was amended and the insertion of section 71B was the cause of the fight. The section read as follows – Limitation of political rights 71B. (1) A staff member may not hold political office in a political party, whether in a permanent, temporary or acting capacity.
The first came to the Labour Court because of numerous SAMWU members being threatened with dismissal if they continued to hold political office. Workers were forced to give up their political positions and in other circumstances, municipal workers were barred from casting their vote and contesting elections in political parties altogether.
The Constitutional Court has now cleared up the Act by affirming that only senior municipal officials (that being municipal managers and those directly accountable to them) may be restricted from holding political office.
The respondents in the matter were the Department of Cooperative Governance and Traditional Affairs (COGTA) and the South African Local Government Association (SALGA). The two parties held firm in their opposition and proceeded to take the matter to the highest court in the land, where ultimately, they were unable to change the Labour Court’s declaration.
The ANC welcomed the ruling and reaffirmed its respect for court judgments and the authority of the courts to interpret and protect the Constitution. “This ruling is a reminder of the strength and maturity of South Africa’s constitutional democracy. It affirms the fundamental rights of individuals, including municipal employees, to participate in the political life of the country, a right that the ANC believes to be central to the democratic project.
“At the same time, the ANC continues to believe in the importance of maintaining a professional and impartial public administration. We support the constitutional principle that there must be a clear separation between the state and political parties, particularly where that separation is necessary to preserve the integrity and functionality of governance,” Mahlengi Motsiri-Bhengu, ANC national spokesperson, said.
SAMWU also welcomed the ruling as a resounding victory for municipal workers. The union stressed the significance of the rights of workers within the municipality to participate in political activity and to be elected to hold office in the political parties of their choice. “This ruling is a reminder that no government, no matter how well-intentioned, has the authority to arbitrarily strip citizens of their constitutional rights. As SAMWU, we remain resolute in our commitment to defend and advance the rights of workers—both in the workplace and in the political arena. This victory strengthens our democracy, protects our Constitution, and reaffirms the power of collective action,” SAMWU’s secretariat said. – @NewsSA_Online