City of uMhlathuze loses bid to stop workers’ strike
Now in its second week, the industrial action has all but crippled service delivery in the City of uMhlathuze
The City of uMhlathuze has failed in its attempt to obtain an interdict against the ongoing strike by employees affiliated with the South African Municipal Workers’ Union (Samwu).
The municipality suffered a significant setback on Thursday when the Labour Court removed the urgent application from the roll, ordering the municipality to cover the legal costs.
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This setback comes as the industrial action advances into its 13th day.
The impact of the stand-off between the union, which represents the majority of the municipality’s workforce, and the municipality has been strongly felt by city residents, with service delivery, particularly waste removal, all but grinding to a halt.
Delivering the judgment, the court said the applicant was aware since 5 June of the planned strike; therefore, it had over 10 days’ written notice before the strike began.
“The applicant was aware on 13 June 2025 that the strike would proceed on 17 June 2025 at 8am, yet it failed to seek urgent relief from this court without delay.
“The applicant demanded an undertaking by 19 June 2025 that the union would halt the strike. When this did not happen, it still did not urgently approach this court,” said Judge Phehane.
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Phehane further stated that the applicant did not genuinely engage with the union to resolve the dispute.
“Due to the conduct of the applicant as aforesaid, including the applicant’s behaviour in this application of alleging in the alternative that the strike notice was issued on 9 June 2025 in an effort to prevent history from repeating itself by suffering the same fate as the application it recently abandoned, this court demonstrates its displeasure by ordering the applicant to pay the costs of this application,” said Phehane.
Samwu in the Shonamalanga Region welcomed the court’s dismissal of the city’s application, which it termed ‘vexatious’.
“This marks the second time the municipality’s attempts to silence workers through the courts have failed,” said Samwu Shonamalanga Region Deputy Regional Secretary Zethu Fakude.
“This decision unequivocally confirms SAMWU’s consistent stance that the strike action is lawful, protected, and just.
“Given these court rulings, Samwu now urgently calls upon uMhlathuze Municipality to immediately return to the negotiating table, as demanded by the union.”
In an earlier statement issued on Thursday, the city condemned alleged violent attacks on municipal workers on duty and applauded residents for joining security teams to defend infrastructure.
“The City of uMhlathuze commend and applauds the courage and active involvement of residents from Esikhaleni, Nseleni, and Richards Bay, who stood in defence of municipal employees against threats and acts of violence allegedly perpetrated by a small group of SAMWU members.
“In response to escalating violence, including a disturbing incident in Richards Bay where a female employee was assaulted with a sharp object while performing her duties, community members voluntarily joined municipal security teams to protect workers and public infrastructure,” the municipality said.
The municipality said they are working diligently to ensure critical services remain operational.
The city is yet to respond to the labour court judgment.
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