Justice for eThekwini Workers: Stop the Unconstitutional Purge of SAMWU JMR


Justice for eThekwini Workers: Stop the Unconstitutional Purge of SAMWU JMR
The Issue
I am a young member and elected leader of the South African Municipal Workers Union (SAMWU) in the Joe Moloisane Region.
Recently, I have been unjustly denied the right to actively participate in my union's activities.
As someone deeply dedicated to defending and advocating the rights of workers, watching my colleagues face unfounded suspensions, only to be replaced by managers employed by the same entity we should be scrutinizing, has been profoundly disheartening.
When those who have been elected to elevate and defend workers' rights are stripped of their positions and replaced by conflicted administrators, not only is the voice of every worker stifled, but it also erodes the foundation upon which our union stands.
Joe Moloisane, whose legacy continues to inspire countless individuals in eThekwini, is a beacon of hope and strength for union members.
He was SAMWU's first Deputy President in 1987 and remains the only National Office Bearer in SAMWU history to come from eThekwini.
However, his vision and the future of eThekwini's municipal workers hang in the balance.
The democracy within our union is under threat.
Our rights to elect leaders who genuinely champion our causes and defend our concerns must be protected.
The democratic foundations that legends like Joe Moloisane laid are at stake, and the time is now to act to save what remains of our democratic rights within SAMWU.
The Full Story:
What's Really Happening
This is not just a few suspensions.
It is a coordinated purge of the union's largest region.
Here are the facts.
1. The Joe Moloisane Region (JMR) Is Under Attack
JMR is the largest of SAMWU's five regions in KwaZulu-Natal and one of the largest nationally.
It represents thousands of municipal workers in water, sanitation, electricity, waste removal, and emergency services, amongst many other business units, and entities of the eThekwini Metropolitan Municipality.
2. The Unconstitutional Provincial Congress (August 2025)
Before the KZN Provincial Congress, Provincial Office Bearers (POBs) manipulated delegate credentials across multiple regions to ensure they would retain control:
Elected Regional Office Bearers (ROBs) in the Shonamalanga (North Coast) and Mafika Mshengu (Pietermaritzburg) regions were removed without due process.
The Prof. Sibankulu (Midlands) region was allowed to attend and vote despite never having held a proper Regional Shop Stewards Council to mandate its delegates.
In Mafika Mshengu, the POBs convened a "Special Regional Shop Steward Council (RSSC)" on less than 24 hours' notice the day before Congress to remove ROBs and install favourable delegates.
Evidence: Sworn affidavits from thirteen shop stewards confirm this meeting lacked proper notice, time off from work, and quorum—making all decisions taken there constitutionally invalid.
3. The President's Own Advice Was Ignored
Before the National Congress, the current SAMWU President, Nkhetheni Muthavhi (then Deputy General Secretary), explicitly advised JMR delegates to approach the Registrar of Trade Unions for urgent help.
The delegates followed this advice and filed a formal complaint on 29 August 2025.
Eight months later, the Registrar has done absolutely nothing.
4. JMR Was Barred from the National Congress (March 2026)
Despite the pending complaint, JMR delegates—representing the union's largest region—were excluded from the 13th SAMWU National Congress.
Thousands of eThekwini workers had no voice in electing national leadership.
5. Retaliation After the Congress
Following the Congress, the retaliation intensified:
A suspension letter for JMR's Regional Secretary, amongst other ROBs is dated 9 March 2026—a full week before the Congress that supposedly authorized it. This proves the decision was predetermined.
The National Congress resolution, according to the General Secretary, placed JMR under administration, even though the SAMWU Constitution says only the Central Executive Committee can suspend a structure.
Impossible Appeal Deadline:
The CEC gave JMR until 7 March 2026 to appeal the delegate allocation to the National Congress.
But the Congress only started on 17 March 2026.
This was a deliberately impossible deadline designed to deny us any remedy.
Three Administrators were appointed.
Documents from the General Secretary's office confirm:
Nhlanhla Nyandeni and Thabo Khumalo are managers at eThekwini Municipality.
Simphiwe Ndlovu reports directly to Nokubonga Dinga, the Provincial Secretary implicated in the original violations.
This means the employer's own managers now control the union's bargaining, disciplinary hearings, and finances.
This is a fatal conflict of interest.
6. The Members Fight Back – And This Is What We Are Losing
The workers of JMR are not standing by passively.
On 10 April 2026, hundreds of members and shop stewards from across the region—including Westmead, Springfield, Phoenix, Verulam, Ntuzuma, Shallcross, Metro Police, Parks and Recreation, Water and Sanitation, and many more—signed an internal petition demanding the immediate reinstatement of their elected leadership.
On the same day, Fire and Emergency Services members held a special meeting to address the crisis.
But consider what is being destroyed.
Just four months ago, on 3 December 2025, JMR Regional Secretary Xolani Dube, and his counterparts—the same leaders now suspended on false charges of "sabotage"—sat across the table from eThekwini Municipality and negotiated a landmark R500 million benchmarking settlement that improved the wages of thousands of the City's lowest-paid workers.
He averted a strike during the festive season and delivered a tangible, life-changing victory for eThekwini families.
This is the leader they call a "saboteur."
This is the leader they have silenced.
And this is the representation that thousands of eThekwini workers have now lost—replaced by managers who answer to the employer, not the members.
The General Secretary has not responded to the internal petition.
The workers' voices are being ignored.
7. BREAKING: The Administrators Are Actively Signing Union Documents – Proof of Conflict of Interest
We now have indisputable proof that the conflict of interest is not theoretical—it is happening right now.
On 21 April 2026, an email from Nokubonga Dinga to Justice Shabane, a Senior Manager at eThekwini Municipality, formally nominated Thabo Khumalo and Nhlanhla Nyandeni —the two eThekwini Municipality managers imposed as Administrators—to sign the 2026/2027 Workplace Skills Plan (WSP) on behalf of SAMWU.
Then, on 23 April 2026, it happened.
At a Cluster Labour Forum meeting, the WSPs for Fire, Disaster Management, and Safer Cities were pushed through signed by Nhlanhla Nyandeni—an eThekwini manager posing as a SAMWU "Administrator."
He had no mandate from any shop steward or member.
The legitimate SAMWU shop steward, Sibusiso Mazibuko, was present and firmly objected to this fraudulent move.
Management acted in bad faith, behind the workers' backs.
This is no longer about internal union politics.
This is the employer's managers being installed to do the union's work.
It is a direct violation of trade union independence.
8. The Financial Motive
Union employees like Provincial Secretary Nokubonga Dinga and General Secretary Dumisane Magagula receive significantly higher remuneration when they hold positions beyond their substantive posts.
The dismantling of JMR protects these additional income streams from democratic scrutiny and audit.
9. The Registrar's Silence
A formal complaint was filed with the Registrar of Trade Unions on 29 August 2025 with an urgent request for intervention.
Despite numerous follow-ups, as of 21 April 2026, the Registrar has taken no action whatsoever.
This silence has enabled every subsequent violation.
Our Demands
We call upon the Minister of Employment and Labour, Ms. Nomakhosazana Meth, to immediately direct the Registrar of Trade Unions to:
Lift all suspensions of Joe Moloisane Region leaders and shop stewards.
Withdraw the conflicted Administrators who are employees of eThekwini Municipality and/or report to the implicated Provincial Secretary.
Launch a full investigation into the constitutional violations at the KZN Provincial Congress (August 2025) and the National Congress (March 2026).
Investigate why the Registrar's office has failed to act for eight months despite an urgent complaint.
Order fresh, independently supervised elections for all affected structures.
Commission a forensic audit of additional remuneration paid to union employees in dual roles.
Why This Matters to You?
This is bigger than one union.
This is about:
Workers' Rights: Every worker has the constitutional right to participate freely in their union.
Service Delivery: A weakened union means workers cannot effectively advocate for better conditions—affecting every eThekwini resident who relies on municipal services.
Accountability: Public bodies like the Registrar of Trade Unions must do their jobs.
Stand With eThekwini Workers
Please stand with us in demanding justice and accountability for our members.
Sign this petition to make your voice heard and to champion the true essence of worker solidarity and empowerment.
Sign now.
Share with your networks.
Let's make sure the Minister hears the voice of eThekwini workers.
For those who wish to review the complete legal submission with all 15 supporting documents (including sworn affidavits, suspension letters, and the SAMWU Constitution), a full PDF is available.
Signed,
CL Zikhali
Young Member and Elected Leader
SAMWU Joe Moloisane Region (JMR), COSATU KZN.
eThekwini Metropolitan Municipality
97
The Issue
I am a young member and elected leader of the South African Municipal Workers Union (SAMWU) in the Joe Moloisane Region.
Recently, I have been unjustly denied the right to actively participate in my union's activities.
As someone deeply dedicated to defending and advocating the rights of workers, watching my colleagues face unfounded suspensions, only to be replaced by managers employed by the same entity we should be scrutinizing, has been profoundly disheartening.
When those who have been elected to elevate and defend workers' rights are stripped of their positions and replaced by conflicted administrators, not only is the voice of every worker stifled, but it also erodes the foundation upon which our union stands.
Joe Moloisane, whose legacy continues to inspire countless individuals in eThekwini, is a beacon of hope and strength for union members.
He was SAMWU's first Deputy President in 1987 and remains the only National Office Bearer in SAMWU history to come from eThekwini.
However, his vision and the future of eThekwini's municipal workers hang in the balance.
The democracy within our union is under threat.
Our rights to elect leaders who genuinely champion our causes and defend our concerns must be protected.
The democratic foundations that legends like Joe Moloisane laid are at stake, and the time is now to act to save what remains of our democratic rights within SAMWU.
The Full Story:
What's Really Happening
This is not just a few suspensions.
It is a coordinated purge of the union's largest region.
Here are the facts.
1. The Joe Moloisane Region (JMR) Is Under Attack
JMR is the largest of SAMWU's five regions in KwaZulu-Natal and one of the largest nationally.
It represents thousands of municipal workers in water, sanitation, electricity, waste removal, and emergency services, amongst many other business units, and entities of the eThekwini Metropolitan Municipality.
2. The Unconstitutional Provincial Congress (August 2025)
Before the KZN Provincial Congress, Provincial Office Bearers (POBs) manipulated delegate credentials across multiple regions to ensure they would retain control:
Elected Regional Office Bearers (ROBs) in the Shonamalanga (North Coast) and Mafika Mshengu (Pietermaritzburg) regions were removed without due process.
The Prof. Sibankulu (Midlands) region was allowed to attend and vote despite never having held a proper Regional Shop Stewards Council to mandate its delegates.
In Mafika Mshengu, the POBs convened a "Special Regional Shop Steward Council (RSSC)" on less than 24 hours' notice the day before Congress to remove ROBs and install favourable delegates.
Evidence: Sworn affidavits from thirteen shop stewards confirm this meeting lacked proper notice, time off from work, and quorum—making all decisions taken there constitutionally invalid.
3. The President's Own Advice Was Ignored
Before the National Congress, the current SAMWU President, Nkhetheni Muthavhi (then Deputy General Secretary), explicitly advised JMR delegates to approach the Registrar of Trade Unions for urgent help.
The delegates followed this advice and filed a formal complaint on 29 August 2025.
Eight months later, the Registrar has done absolutely nothing.
4. JMR Was Barred from the National Congress (March 2026)
Despite the pending complaint, JMR delegates—representing the union's largest region—were excluded from the 13th SAMWU National Congress.
Thousands of eThekwini workers had no voice in electing national leadership.
5. Retaliation After the Congress
Following the Congress, the retaliation intensified:
A suspension letter for JMR's Regional Secretary, amongst other ROBs is dated 9 March 2026—a full week before the Congress that supposedly authorized it. This proves the decision was predetermined.
The National Congress resolution, according to the General Secretary, placed JMR under administration, even though the SAMWU Constitution says only the Central Executive Committee can suspend a structure.
Impossible Appeal Deadline:
The CEC gave JMR until 7 March 2026 to appeal the delegate allocation to the National Congress.
But the Congress only started on 17 March 2026.
This was a deliberately impossible deadline designed to deny us any remedy.
Three Administrators were appointed.
Documents from the General Secretary's office confirm:
Nhlanhla Nyandeni and Thabo Khumalo are managers at eThekwini Municipality.
Simphiwe Ndlovu reports directly to Nokubonga Dinga, the Provincial Secretary implicated in the original violations.
This means the employer's own managers now control the union's bargaining, disciplinary hearings, and finances.
This is a fatal conflict of interest.
6. The Members Fight Back – And This Is What We Are Losing
The workers of JMR are not standing by passively.
On 10 April 2026, hundreds of members and shop stewards from across the region—including Westmead, Springfield, Phoenix, Verulam, Ntuzuma, Shallcross, Metro Police, Parks and Recreation, Water and Sanitation, and many more—signed an internal petition demanding the immediate reinstatement of their elected leadership.
On the same day, Fire and Emergency Services members held a special meeting to address the crisis.
But consider what is being destroyed.
Just four months ago, on 3 December 2025, JMR Regional Secretary Xolani Dube, and his counterparts—the same leaders now suspended on false charges of "sabotage"—sat across the table from eThekwini Municipality and negotiated a landmark R500 million benchmarking settlement that improved the wages of thousands of the City's lowest-paid workers.
He averted a strike during the festive season and delivered a tangible, life-changing victory for eThekwini families.
This is the leader they call a "saboteur."
This is the leader they have silenced.
And this is the representation that thousands of eThekwini workers have now lost—replaced by managers who answer to the employer, not the members.
The General Secretary has not responded to the internal petition.
The workers' voices are being ignored.
7. BREAKING: The Administrators Are Actively Signing Union Documents – Proof of Conflict of Interest
We now have indisputable proof that the conflict of interest is not theoretical—it is happening right now.
On 21 April 2026, an email from Nokubonga Dinga to Justice Shabane, a Senior Manager at eThekwini Municipality, formally nominated Thabo Khumalo and Nhlanhla Nyandeni —the two eThekwini Municipality managers imposed as Administrators—to sign the 2026/2027 Workplace Skills Plan (WSP) on behalf of SAMWU.
Then, on 23 April 2026, it happened.
At a Cluster Labour Forum meeting, the WSPs for Fire, Disaster Management, and Safer Cities were pushed through signed by Nhlanhla Nyandeni—an eThekwini manager posing as a SAMWU "Administrator."
He had no mandate from any shop steward or member.
The legitimate SAMWU shop steward, Sibusiso Mazibuko, was present and firmly objected to this fraudulent move.
Management acted in bad faith, behind the workers' backs.
This is no longer about internal union politics.
This is the employer's managers being installed to do the union's work.
It is a direct violation of trade union independence.
8. The Financial Motive
Union employees like Provincial Secretary Nokubonga Dinga and General Secretary Dumisane Magagula receive significantly higher remuneration when they hold positions beyond their substantive posts.
The dismantling of JMR protects these additional income streams from democratic scrutiny and audit.
9. The Registrar's Silence
A formal complaint was filed with the Registrar of Trade Unions on 29 August 2025 with an urgent request for intervention.
Despite numerous follow-ups, as of 21 April 2026, the Registrar has taken no action whatsoever.
This silence has enabled every subsequent violation.
Our Demands
We call upon the Minister of Employment and Labour, Ms. Nomakhosazana Meth, to immediately direct the Registrar of Trade Unions to:
Lift all suspensions of Joe Moloisane Region leaders and shop stewards.
Withdraw the conflicted Administrators who are employees of eThekwini Municipality and/or report to the implicated Provincial Secretary.
Launch a full investigation into the constitutional violations at the KZN Provincial Congress (August 2025) and the National Congress (March 2026).
Investigate why the Registrar's office has failed to act for eight months despite an urgent complaint.
Order fresh, independently supervised elections for all affected structures.
Commission a forensic audit of additional remuneration paid to union employees in dual roles.
Why This Matters to You?
This is bigger than one union.
This is about:
Workers' Rights: Every worker has the constitutional right to participate freely in their union.
Service Delivery: A weakened union means workers cannot effectively advocate for better conditions—affecting every eThekwini resident who relies on municipal services.
Accountability: Public bodies like the Registrar of Trade Unions must do their jobs.
Stand With eThekwini Workers
Please stand with us in demanding justice and accountability for our members.
Sign this petition to make your voice heard and to champion the true essence of worker solidarity and empowerment.
Sign now.
Share with your networks.
Let's make sure the Minister hears the voice of eThekwini workers.
For those who wish to review the complete legal submission with all 15 supporting documents (including sworn affidavits, suspension letters, and the SAMWU Constitution), a full PDF is available.
Signed,
CL Zikhali
Young Member and Elected Leader
SAMWU Joe Moloisane Region (JMR), COSATU KZN.
eThekwini Metropolitan Municipality
97
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Petition created on 21 April 2026