A landmark ruling by the Constitutional Court on 9 April 2025 has sparked a fierce political and ideological debate across the country, affirming that municipal employees—except senior managers—cannot be barred from holding office in political parties. The judgment, which upholds a 2023 Labour Court decision, has been welcomed by trade unions and the African National Congress (ANC) as a reaffirmation of constitutional democracy, while also raising questions about governance, state impartiality, and political influence at the local government level.

At the heart of the case was Section 71B of the Municipal Systems Amendment Act, introduced in 2022, which prohibited all municipal employees—from general workers to cleaners, clerks, and security guards—from holding political office. The South African Municipal Workers’ Union (SAMWU) successfully challenged this provision, arguing that it violated the right to political participation enshrined in Section 19 of the Constitution.

In a statement issued on the same day as the ruling, the ANC welcomed the Constitutional Court’s decision, calling it a victory for democratic participation, especially for working-class South Africans.

“This ruling affirms the fundamental rights of individuals, including municipal employees, to participate in the political life of the country,” said the ANC. “We believe that these rights are central to the democratic project.”

However, the party also reiterated its support for a professional and impartial public administration, noting that it had initially supported narrow limitations for municipal managers and senior officials to safeguard governance integrity. The party criticised the “broad and indiscriminate” extension of the ban to all employees, calling it unreasonable and unjustifiable.

“We accept the court’s finding and call for ongoing dialogue on how to balance effective governance with the protection of employee rights,” the ANC added.

Trade unions have hailed the judgment as a decisive victory for workers’ rights and a rejection of what they describe as a “dangerous and unconstitutional overreach”.

COSATU, which supported SAMWU in its challenge, said the ban on political office for municipal employees amounted to an “assault on freedom of association”.

“Extending the prohibition to security guards, refuse collectors, and administrative clerks was not only irrational, it was unconstitutional,” said Matthew Parks, COSATU’s Parliamentary Coordinator. “This ruling saves democracy from sliding into a dangerous precedent where workers are stripped of their rights.”

SAMWU echoed this sentiment, calling the judgment a powerful reminder that workers “do not surrender their constitutional rights at the workplace gate.”

“This ruling confirms that municipal workers are not just employees—they are full citizens who have every right to participate in political life,” said Dumisane Magagula, General Secretary of SAMWU.

SAMWU further criticised the Department of Cooperative Governance (COGTA) and SALGA for defending what it labelled an indefensible law, accusing both institutions of wasting public funds in pursuit of a flawed legal battle.

In its majority ruling, penned by Justice Mathopo, the Constitutional Court found that Section 71B of the Act unjustifiably limited Section 19(1)(b) of the Constitution, which guarantees every citizen the right to participate in the activities of a political party.

The Court noted:

• The state failed to provide empirical evidence that banning all municipal staff from political office would improve governance.

• The restriction was not rationally connected to its stated goal of depoliticising local government.

• Less restrictive mechanisms—such as those already applied to senior management since 2011—were sufficient to address governance risks.

In a concurring but divergent opinion, Justice Kollapen argued that the limitation could be justifiable, noting the goal of achieving a non-partisan civil service. However, the majority of the Court ruled in favour of SAMWU, and the order was confirmed with retrospective effect to November 2022.

The ruling invalidates any disciplinary action or dismissals of municipal workers who held political positions since the law came into effect. It also reinforces the principle that constitutional rights cannot be restricted without strong justification.

Public administration institutions have now been urged to revisit internal policies, and workers dismissed under Section 71B are likely to pursue reinstatement or compensation.

SAMWU has vowed to intensify campaigns for the restoration of affected workers, while calling for those who defended the law “at taxpayers’ expense” to be held accountable.

In Summary:

• Section 71B of the Municipal Systems Act declared unconstitutional and invalid.

• Municipal employees (excluding senior managers) can hold political office.

• The ruling is retrospective from 1 November 2022.

• ANC, COSATU, and SAMWU welcome the ruling; SALGA and COGTA criticised for defending it.

This ruling could reshape the future of political participation in the public sector, reaffirming South Africa’s commitment to constitutional rights while igniting a deeper conversation on how to balance governance and democracy.

-The VIP Team

-ANC

-COSATU

-CONCOURT

-SAMWU