By Thebe Mabanga and Johnathan Paoli
The Constitutional Court has upheld a Labour Court ruling that removes a blanket ban on all municipal employees from holding political office.
The application was brought by the South African Municipal Workers Union (SAMWU), with the Department of Co-Operative Governance and Traditional Affairs (COGTA) and the South African Local Government Association (SALGA) as respondents.
The ruling, handed down on Wednesday, declares Section 71B of the Municipal Systems Amendment Act – specifically the inclusion of the term “staff member” – to be unconstitutional and invalid.
Section 71B, titled “Limitation of political rights,” states that “a staff member may not hold political office in a political party, whether in a permanent, temporary or acting capacity.”
The judgment is retroactive to November 2022 and renders all disciplinary actions, including dismissals issued under the challenged provisions, invalid.
The law introduced sweeping prohibitions on political participation by municipal workers,
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