The Star Early Edition

‘City of Joburg 130’ dealt legal blow

- STAFF REPORTER

THE 130 City of Joburg staffers, whose jobs were terminated after their permanent positions were reversed to fixed-term contracts that expired at the weekend, have been dealt a crushing blow.

The Labour Court said on Tuesday the applicants – the South African Municipal Workers Union (Samwu) and the staffers if represente­d – had failed to show it had jurisdicti­on to preside over the matter.

In his judgment, delivered electronic­ally owing to Covid-19, Judge Andre van Niekerk, said: “The applicants have been unable to point to any provision in the LRA or any other statute that confers jurisdicti­on in this court to determine the dispute that serves before the court”.

He added: “Whichever way one looks at the applicants’ pleaded cause of action, this court has no jurisdicti­on to enquire into the lawfulness of the terminatio­n of the employees’ contracts of employment, even less does it have jurisdicti­on to pronounce on the validity of a resolution adopted by a municipal council.

“The applicatio­n thus stands to be struck from the roll for want of jurisdicti­on.”

The court did not make any cost order.

Commenting on the developmen­t, Samwu said it noted the judgment of the Labour Court.

“As the leadership of Samwu in the Johannesbu­rg region, we have briefed our legal team to urgently read this judgment and advise on possible avenues available for the workers,” said Thobani Nkosi, regional secretary of Samwu Johannesbu­rg.

“Samwu, being the only vanguard of workers in the City of Johannesbu­rg, undertakes to explore any legal recourse in pursuit of justice.”

The city said it welcomed the ruling by the Labour Court “to dismiss” the case brought by Samwu “against the resolution made by the council to overturn the decision of the city’s previous ANC-led government to illegally convert the contracts of political staff from fixed-term to permanent.

In a statement issued after the ruling the city added: “This is a victory for our fight against corruption and demonstrat­es the firm commitment by the multi-party government to always uphold the rule of law.

“We have also reduced the former government’s bloated political offices to realise a saving of R80 million per annum which can be redirected towards service delivery for residents.

“We are now able to continue with the recruitmen­t of new, qualified political staff on fixed-term contracts to ensure that we build a city of golden opportunit­ies that works for all residents.”

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