The South African Local Government Association in KwaZulu-Natal (SALGA) notes with concern that on 17 November 2023, the Labour Court ruled that prohibiting all municipal employees from holding office in a political party was unconstitutional.
Judge J Van Niekerk, in the judgment, ordered that the prohibition on senior managers continue.
The rule of law must be affirmed, so municipalities must rescind correspondence sent to municipal workers requesting them to resign from either political office or municipal posts. In the meantime, SALGA in KZN will lobby the National Executive Committee to partition the Constitutional Court to hear the matter.
The intention is not to deprive municipal workers of having a political view or partaking in political party programmes. However, municipalities are very peculiar organizations and the Systems Act amendment sought to enhance professionalization.
By permitting municipal workers to hold political positions, the High Court ruling is a blow to the agenda to de-politicize and professionalize the public service. This is, however, not the end of the road. SALGA will continue to engage the South African
Municipal Workers Union (SAMWU) and IMATU to get a consensus on how to depoliticize local government. It must be recalled that the constitutional court when it ordered for the Systems Act to be amended, did so on procedural grounds and did not rule on the merits of the matter. The C has not ruled on the constitutionality of political office prohibition for senior managers or employees.
Issued by: South African Local Government Association
SALGA KZN Chairperson, Cllr AT Ntuli,
