The Pietermaritzburg High Court has ruled in favor of the South African Municipal Workers’ Union (Samwu), ordering the Impendle Local Municipality in KwaZulu-Natal to pay five months of outstanding salaries to its workers within 10 days. The court also mandated the municipality to settle outstanding statutory third-party contributions, including pension funds and medical aid schemes, within 14 days. This decision follows a judgment by Acting Judge Bond in the case of Samwu v Impendle Local Municipality.
The Impendle Municipality has been facing a salary crisis, with workers losing houses, vehicles, and good credit records due to unpaid salaries. Their SARS contributions, medical aid schemes, pension fund contributions, UIF, investments, and funeral policies were disrupted. Many workers were unable to pay their creditors, leaving their families in financial hardship. Samwu KwaZulu-Natal provincial secretary Nokubonga Dinga welcomed the judgment as a victory for workers whose lives had been affected by months without salaries.
The court order directs the municipality to comply with sections 32 and 34A of the Basic Conditions of Employment Act, which deal with the payment of remuneration and certain statutory deductions. The municipality was also ordered to pay the costs of the legal proceedings. Samwu accused the municipality of failing to take corrective action despite having sufficient time to address the salary crisis. The union also criticized the provincial government for what it described as a failure to intervene effectively.
Samwu criticized KwaZulu-Natal Co-operative Governance and Traditional Affairs MEC Thulasizwe Buthelezi for falsely claiming that the outstanding salary issue had been resolved. The union stated that the provincial intervention under section 139(b) of the Constitution was initiated only after pressure from National Treasury. The union warned that it would take further action if the municipality failed to comply with the court order.
Samwu issued a stern warning to the municipality, stating that it would take the fight directly to their doorstep if they failed to comply with the court order. The union called on KwaZulu-Natal Premier Thami Ntuli to ensure that those responsible for the workers’ hardship were held accountable. Samwu emphasized that accountability must be enforced, and those responsible for subjecting workers to poverty and hardship must face the full weight of the law.
The judgment is significant not only for the workers of Impendle but also for municipal workers beyond. Samwu stated that it would continue to challenge maladministration and corruption in local government. The union's efforts aim to protect the rights and welfare of municipal workers across South Africa.
The Impendle Local Municipality's salary crisis highlights the challenges faced by some municipalities in South Africa. The court's decision underscores the importance of adhering to labor laws and the need for effective intervention by provincial governments in cases of maladministration. Samwu's victory is seen as a crucial step towards resolving the salary crisis and ensuring that workers receive their rightful compensation.
Key points
- The Pietermaritzburg High Court ordered the Impendle Municipality to pay five months of outstanding salaries to workers within 10 days.
- The municipality must also pay outstanding statutory third-party contributions within 14 days.
- Samwu warned of further action if the municipality fails to comply with the court order.
