Cash for cadres but not services

8 March 2024

The Democratic Alliance Caucus in the City of Johannesburg, have urgently raised grave concerns with the Department of Cooperative Governance and Traditional Affairs (CoGTA) regarding the recent developments surrounding the Report presented in council today on the Outcomes in Re: SAMWU (130) v COJ Case Number: 2022- 033927.

The recent judgment handed down by the High Court of South Africa in favour of former employees of the City of Johannesburg, whose contracts were terminated, is alarming. This judgment directly contradicts the Municipal Staff Regulations of the Municipal Systems Act, gazetted in September 2021, under Regulation 21, which stipulates strict guidelines for the appointment of support staff to offices of public office bearers.

We emphasise Regulation 21, which dictates that individuals appointed to support the office of a public office bearer must either be seconded from a post in the municipality's approved staff establishment or appointed on a fixed-term contract linked to the term of office of the public office bearer. Notably, the duration of such secondment or fixed-term employment may not exceed 30 days after the public office bearer vacates office.

This judgment poses a significant risk as it sets a precedent where Mayoral Committee decisions conflicting with National Legislation receive court endorsement, potentially leading to constitutional court implications. Additionally, as the City of Johannesburg faces proposed budget cuts and service delivery challenges, funding decisions in direct contravention of national regulations could exacerbate existing issues.

We urge clarity and intervention from CoGTA on this matter. It is imperative that our city operates within the bounds of the law and prioritises compliance with national regulations to uphold accountability and safeguard constitutional principles.

Issued by Nicole Rahn, DA Shadow MMC for Group Corporate and Shared Services, 8 March 2024