SAMWU believes that the Municipal Systems Amendment Act of 2022 is flawed: Nelson Mokgotho

the South African Municipal Workers Union believes that the municipal systems Amendment Act of 2022 is fundamentally flawed this matter is playing out at the Constitutional Court after a battle at the labor court now the labor Court ruled in favor of Samu and said that there's no evidence that Junior employees who hold political office in some municipalities May wi undue influence in the workplace now Samu seeks to firm up this position and a few others in the Apex Court Nelson Moto is the Union's president and joins us live now thank you so much sir for your time and good afternoon to you you argue for example that the amendments are not reasonable and justifiable in an open and Democratic Society based on human dignity equality as well as Freedom why do you feel so strongly about this issue and thank you very much and greetings to your viewers we want to take this opportunity to thank you for inviting us today and we want to share that the a trade Union s we we think what the CA and Sala are challenging there is nothing that they are going to challenge we we think workers in the country should be treated the same as per the provisions of the Constitution H what we were AED with in 2023 we think the uh Court will still give us the same outcome because uh there is clear indication that the Sal and COA are just playing with the public money there is nothing that they were doing in court we were there today and we are hopeful that we have put a very good case about what we think is democratic rights or conal rights of all all citizens of the country as workers Municipal workers we we also have that right that we think the court will protect us I'm going to get to some of the arguments that are being made by Sala and the minister in just a moment but what happens if they if the court doesn't rule in your favor no if if the court does not rule in our favor we'll accept we'll accept uh we are um we are we are abided by the law the citizens of the country we can't even go and and say anything but we will indicate to the those who have powers to say it is not fair it will not be fair to the residents of this country who happen to be Municipal workers because it's only Municipal workers who are being treated like this I think there was a question posed to the lawyers of Dua to say why only Municipal workers not the at the public sector in the Departments they said those people are not providing Services that's the first time we heard that the only Municipal workers are the ones that are providing services so if if the court does not really our favor we will just accept the outcome and continue with doing our our best that we can do at the local government and I'm Keen to hear your thoughts then on this one because of course the the the labor court is calling this a simple assumption um you know the issue of the depoliticization of local government and it's been the big talking Point as well some um you know when you listen to some of the arguments that are being put forward by COA as well as you know um some of those who are arguing against you with salga as well they saying that these officials for example may want residents to belong to certain parties or give um you know services to certain places and that's leading to you know issues around a lack of Service delivery and I'm sure you've even heard this argument being made by by civil society as well so how do you begin as a Union to strike a balance here to sure to make sure that even if let's say the court finds in your favor but you ensure that the politicization of some of these positions does not hamper Service delivery in in our view in a practical way we haven't seen where participation of Municipal Employees in any political um activity has hampered the service delivery in whatever way issues related to Service delivery um the characteristics of either corruption uh maladministration or any other activity that does not relate to what the argument was posed in the in in court we we we understand what the Civil societies are saying but we can assure you we we did not get any single example where it was indicated or clarified that the this political influence by workers in the municipalities have made it impossible for services to be rendered in a particular location or in any municipality it has never been show we don't have any evidence in relation to that as such we are we are we are saying that argument we we are optimistic that the argument they were put putting up front in court will be dismissed because they did not put any case they could not provide H what could be the their example on where and when did any municipality suffer because they were officials interfering politically only councelors are to be politicians in the local government but you must understand that local government is a political contested terrain um members as workers as community members they will come there with a different political ground but they don't have any influence in terms of ensuring that they are no Services we are not agreeing what happens then for example let's say the court rules in your favor and then you are able to get your way so because the the amendments are there and when one goes through the ACT it's there in section 7B for example and you also um you know as you're arguing that it's in in um direct contrast with the Constitution so what are you seeking are you then now going to start a process of amending again these particular laws should you then be um you know successful in court or what happens now if if we are successful in court remember already the LA court has indicated what must be done theal Court also will then indicate that uh those sections that are uh unconstitutional need to be replaced by the correct versions uh which will then cater everybody in in in the local government sector uh our our responsibility will only be to do the what is necessary for us as employees of the municipalities and and and provide the necessary work and provide what is required by any citizen of this country any worker that is given the responsibility by the municipality we we are not the ones that need to change the the law the the Cal Court will then amend and indicate that if this law this claes are unconstitutional they will provide the ones that are constitutional so that these other ones are not remember this this this cles are not coming for the first time H some years back this the same closes came and we went to court they lost we went to labor Court they lost they are now appealing there in the conal court and we understand that they're going to lose hence we are saying they are just using the public P unnecessary they were supposed to be using it on on on matters that communities need services not going to court to just say Municipal workers must not be involved in the political parties all right let me thank you for your time let's see then how the courts rule on this one and Keen to hear your reaction as soon as that particular ruling is out that was Nelson Moto S president