The South African Communist Party (SACP) welcomes the Constitutional Court’s judgment upholding the Labour Court’s ruling that the blanket ban of municipal workers from holding political office in a political party, whether in a permanent, temporary or acting capacity, is unconstitutional and violates workers’ constitutional freedom to exercise their political rights.
In its ruling, the Constitutional Court agreed with the application made by the South African Municipal Workers’ Union (SAMWU) against the insertion of section 71B as part of the amendments in the Local Government: Municipal Systems Amendment Act, that such insertion unfairly and unjustifiably limited workers’ rights.
The Court further granted costs against the government. The SACP has supported the conclusion by SAMWU that the amendment was unconstitutional and needed to be challenged politically, as we did within the Alliance and publicly, and legally, as the union did. The judgment vindicates us.
In terms of the Amendment Act, the blanket ban was imposed on all 350,000 municipal employees from holding office at any level in a political party, an unlawful assault on the right to freedom of political association and expression of not only municipal workers but of workers across the board.
Already, due to the amendment, many workers were threatened with dismissal for holding political office in their personal capacity. In some instances, workers were forced to resign from their political positions, while others were barred from contesting elections in political parties altogether.
The SACP congratulates SAMWU for the gallant fight in defence of workers’ rights in this matter. We further reiterate our solidarity with SAMWU and all workers, in the defence of workers’ right to freedom of association, including political association. The SACP calls for unity among workers across union and federation affiliation in the continued struggle against capitalist exploitation, towards total social emancipation.
