The Systems Act, which applies to municipalities, contains a prohibition on staff holding political office in a political party.
SAMWU challenged the prohibition as being unconstitutional in relation to non-managerial staff. It argued that the prohibition serves no rational purpose and is an unjustified limitation of the constitutional right to participate in the activities of a political party.
The Labour Court (per Van Nirkerk J) found that the limitation of the constitutional right was not justifiable, as there was insufficient evidence to show that the the limitation of the rights of non-managerial municipal staff was warranted.
The court thus granted a declaration of unconstitutionality in relation to staff members falling below senior management level (those more junior than municipal managers and those directly accountable to them).
Read a copy of the judgment here:
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