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Samwu to challenge legislative ban on municipal workers holding political posts

Details

samwu thumb medium80 78BL Premium reports that the SA Municipal Workers’ Union (Samwu) is set to approach the Constitutional Court to challenge controversial legislation banning all municipal workers from holding political party positions.

The Municipal Systems Amendment Act was signed into law by President Cyril Ramaphosa in 2022 and is said to be in contravention of clauses in the Bill of Rights. Samwu is an affiliate of labour federation Cosatu, a key ally of the ANC. Samwu members are, by and large, ANC supporters and members. The legislation the union wants to challenge means municipal workers cannot hold political positions at branch, regional, provincial and national levels. Cosatu national spokesperson Sizwe Pamla said the legislation was “fundamentally flawed and simply unconstitutional” and the labour federation supported Samwu’s decision to challenge its constitutionality. Samwu general secretary Dumisane Magagula said several municipalities had written to their workers, giving them an ultimatum to resign as political office bearers or municipal employees. Samwu has called on its members to “ignore the ultimatum” as the union, along with Cosatu, “are in the process of challenging the amendments”. Labour lawyer Michael Bagraim commented: “I personally think that, in law, Cosatu is correct. You can’t stop a person joining an association – a political party is an association. It doesn’t make sense at all. I think it’s an infringement on the right to work and association. I would agree with Cosatu on this one, I don’t know why the ANC is doing that.”

  • Read the full original of the report in the above regard by Luyolo Mkentane at BusinessLive (subscriber access only)


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