The South African Municipal Workers’ Union (SAMWU) has welcomed a judgment handed down last Friday in the Northern Cape Division of the High Court in Kimberley by Acting Judge Olivier.
The ruling follows an urgent application by SAMWU against the !Kheis Local Municipality, which has failed to pay its employees their salaries since February 2025—a failure the union has described as both shocking and indefensible.
In his ruling, Acting Judge Olivier ordered the municipality to “immediately make payment of the salaries of the members of the applicant for the months of February 2025 and March 2025 and to continue making payment of the salaries of the members of the applicant as it falls due.”
“This judgment marks a significant and hard-won victory for our municipal workers, who have endured immense financial strain and psychological trauma, and have been stripped of their dignity due to municipalities’ persistent and unacceptable failure to meet their most basic obligations,” said SAMWU General Secretary Dumisane Magagula in a media statement.
“For far too long, the local government sector has operated with systemic disregard for employment contracts and labour laws,” Magagula added.
“This is particularly evident in recurring and often prolonged delays in salary payments, as well as in the failure to remit essential third-party contributions—such as medical aid, pension fund, and funeral policy payments—which are often months or even years in arrears.”
SAMWU commended the High Court for its recognition of the severe human impact of delayed salaries on workers and their families.
“As this case illustrates, many employees face the real threat of losing their homes and vehicles, falling into spiralling debt, and being unable to meet basic needs like feeding their families or keeping their children in school,” Magagula said.
“The Court’s stern rebuke—that such conduct ‘should be frowned upon’—underscores the gravity of this breach of trust and the critical need to ensure timely remuneration.”
Magagula emphasised that this judgment is not just about !Kheis—it sets a powerful national precedent.
“This sends a clear message to municipalities across the country: the chronic non-payment of salaries will no longer be tolerated or dismissed as mere administrative lapses. SAMWU calls on all affected municipalities to immediately honour their financial obligations, including outstanding third-party deductions that have been unlawfully withheld.”
He added that municipal workers in provinces including the North West, Free State, Northern Cape, and KwaZulu-Natal—many of whom face similar challenges—should draw strength from this legal victory. “SAMWU will leverage this judgment as a precedent to hold all delinquent municipalities accountable.”
!Kheis, a Khoikhoi word meaning “a place where you live,” is situated in Groblershoop in the Northern Cape and is home to just under 22,000 residents, according to the 2022 census.
Despite being South Africa’s smallest province by population, the Northern Cape has been under intense scrutiny from the Auditor-General (AG).
In 2023, Finance Minister Enoch Godongwana publicly named and shamed !Kheis Municipality for its repeated failure to pay salaries.
The AG’s office revealed that the municipality had received disclaimed audits for five consecutive years—a deeply concerning trend.
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