Media Statements

The African National Congress welcomes the recent judgment of the Constitutional Court, which upholds the Labour Court’s decision regarding the Municipal Systems Amendment Act. We reaffirm our respect for court judgments and the authority of our courts to interpret and protect the Constitution.

This ruling is a reminder of the strength and maturity of South Africa’s constitutional democracy. It affirms the fundamental rights of individuals, including municipal employees, to participate in the political life of the country, a right which the ANC believes to be central to the democratic project.

At the same time, the ANC continues to believe in the importance of maintaining a professional and impartial public administration. We support the constitutional principle that there must be a clear separation between the state and political parties, particularly where that separation is necessary to preserve the integrity and functionality of governance. It was for this reason that the ANC initially supported carefully tailored limitations on political office-

bearers within the senior administrative ranks of municipalities, a position that balanced constitutional rights with good governance.

However, the broad and indiscriminate extension of this limitation to all municipal employees, including those in non-managerial and frontline service roles went far beyond what was reasonable or necessary. As such, we respect the court’s finding that this provision was unconstitutional and accept that its effect would have undermined the rights of many ordinary workers without achieving its intended governance safeguards.

We urge all institutions of government and public administration to take note of the Court’s judgment and work within its guidance going forward. The ANC also calls for ongoing dialogue on how best to achieve the goals of effective governance while fully respecting the rights of all employees, especially those who have historically been at the margins of power.

Our movement remains committed to the values of democracy and constitutionalism. We will continue to work with our Alliance partners and all sectors of society to ensure that both our governance and our laws reflect these principles.

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