The South African Local Government Association in KwaZulu-Natal (Salga) has raised concern that the recent high court ruling permitting municipal workers to hold political positions is a blow to the efforts to depoliticise and professionalise the public service.
Labour Court Judge Andre van Niekerk recently ruled in favour of the SA Municipal Workers’ Union (Samwu), which had challenged the Municipal Systems Amendment Act of 2022 signed into law by President Cyril Ramaphosa in August last year.
The act had stated that a staff member was not allowed to hold political office in a political party, whether in a permanent, temporary or acting capacity, this applied to technicians, secretaries, receptionists, clerks, gardeners, drivers and cashiers.
The judge found that the inclusion of “staff members” in the act was unconstitutional and ruled that the phrase be removed. He ordered that the limitation should only apply to municipal managers and managers directly accountable to them.
The high court ruling must go to the Constitutional Court to be confirmed.
KZN Salga chairperson Thami Ntuli said the ruling was concerning for Salga, which was also a respondent in the matter.
“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.”
He further explained that the blanket law was not intended to deprive municipal workers of having a political view or partaking in political party programmes.
However, Ntuli said municipalities are peculiar organisations and the Systems Act amendment sought to enhance professionalisation.
“By permitting municipal workers to hold political positions, the high court ruling is a blow to the agenda to depoliticise and professionalise the public service,” he said.
He added: “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 (court) has not ruled on the constitutionality of political office prohibition for senior managers or employees.”
Ntuli advised that Salga would continue to engage Samwu and the Independent Municipal and Allied Trade Union to get a consensus on how to depoliticise local government.
While Co-operative Governance and Traditional Affairs Minister Thembi Nkadimeng initially did not oppose Samwu’s legal action and undertook to abide by the court’s decision, the department told Independent Newspapers that a decision would only be made once the judgment is fully read and studied.
The Mercury