Labour Court ruling sparks controversy over wage increases for Tshwane municipal workers
Image: Oupa Mokoena/ Independent Media
Municipal workers' labour unions have expressed disappointment over a May 9 Labour Court ruling that exempted the City of Tshwane from implementing a 5,4% wage increase for the 2023/2024 financial year.
The court also ruled that the City's exemption application regarding the 3,5% wage increase for the 2021/2022 financial year should be reconsidered by a different exemption panellist, to be appointed by the South African Local Government Bargaining Council (SALGBC).
The City approached the court two years ago after its application for exemption from a wage agreement with the unions was rejected by the bargaining council.
The City argued in one of its applications that implementing the wage agreement, without an exemption, would require it to spend R489 million on increases, violating the Municipal Finance Management Act.
Reacting to the ruling, the South African Municipal Workers' Union (Samwu), General Secretary, Dumisane Magagula, said: 'This judgment represents a deeply troubling intervention by the courts in the collective bargaining process, with far-reaching consequences for workers' rights.'
The union claims the ruling is not a neutral legal decision, but rather a judicial endorsement of austerity, contributing to a concerning trend of courts interfering with collective bargaining, undermining worker protections, and weakening unions' ability to represent members effectively.
Samwu also said the Labour Court's decision to override SALGBC's authority is 'a direct attack on the autonomy of collective bargaining".
"By substituting the SALGBC's 2023 ruling with its own determination, the court has overstepped its role, improperly venturing into the evaluation of complex financial evidence and affordability criteria, a terrain rightfully reserved for bargaining councils with their specific expertise in labour relations within the sector,' the union said.
On the other hand, the Independent Municipal and Allied Trade Union (Imatu), said it is preparing an action plan, which includes consulting with its legal team to explore all available options such as potential appeals.
'While the outcome is certainly not what we anticipated, our resolve remains firm. We are currently analysing the full implications of the judgment to determine the most strategic course of action to protect our members' rights and interests,' the union said.
The union further said the ruling directly impacts workers' livelihoods, citing that the cost of living increases in 2021 and 2023 already put significant financial strain on Tshwane's municipal workers.
Imatu is demanding transparency and accountability, arguing that the City cannot claim financial stability to the public while citing financial distress to justify not paying its workforce.
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'In April 2025, during her State of the Capital Address, Tshwane Executive Mayor Dr. Nasiphi Moya announced that the City's cash reserves are projected to reach R2,86 billion in the 2025/26 financial year. This projection was presented as a significant milestone towards financial stability,' the union said.
Tshwane's Samwu regional secretary, Donald Monakhisi, recently said with the City's reported R2,86 billion in cash reserves, there is no justification for delaying the implementation of outstanding salary increases.
Former Mayor Cilliers Brink, under whose administration the City applied for the exemption from the wage increase, said the council's decision was difficult but necessary for the city's financial rescue mission, which is ongoing, and to improve service delivery and value for residents.
Grandi Theunissen, a Freedom Front Plus councillor, said: 'The ruling affirms the Freedom Front Plus's responsible and principled actions in the previous administration. The party also defended the case to the end along with some of its coalition partners.'
rapula.moatshe@inl.co.za
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