Johannesburg – For six years Ms. JK Mahlo endured unfair treatment, a battle for dignity in the workplace, and wrongful dismissal which ended with the Labour Court ruling in her favour against her employer the Karoo Hoogland Local Municipality.
Mahlo is a former South African Municipal Workers’ Union (SAMWU) Decarna Deputy Regional Chairperson.
In a judgment handed down by Acting Judge K. Mokwena of the Labour Court of South Africa on Monday, (10 February 2025}, the Labour Court reinstated Mahlo in her job.
Commenting on the matter, SAMWU Decarna Region in the Northern Cape province said: “For us, this is not just a legal victory, it is a triumph for workers’ rights, justice, and the rule of law”.
The union added: “For six years, Cde. Mahlo, who is a former SAMWU Decarna Deputy Regional Chairperson, endured unfair treatment, wrongful dismissal, and a battle for dignity in the workplace”.
Previously, the South African Local Government Bargaining Council (SALGBC) ruled in Mahlo’s favour.
“Instead of accepting the outcome of the SALGBC, the Municipality wasted time, resources, and public money dragging this matter to the Labour Court,” SAMWU said in a statement released on Tuesday, (11 February 2025), by Regional Secretary Peter Demas.
“And now, yet again, another independent legal body has found against them.”
The union said the Labour Court’s decision to dismiss the Municipality’s review application and uphold Mahlo’s reinstatement was a clear and final condemnation of the Municipality’s conduct.
“‘We are calling on the Karoo Hoogland Municipality to finally do the right thing: respect the ruling, reinstate Ms. Mahlo, and end this reckless abuse of public funds,” SAMWU said.
“‘Municipalities have made it fashionable to appeal every ruling that goes against them, treating the courts as weapons to delay justice instead of places to uphold it.
“This practice has had a detrimental impact on employer-employee relations and must come to an end immediately.
“If anyone within the Municipality still believes they should pursue an appeal, they must do so at their own expense.”
The union added: “Not a single cent of public money, money meant for service delivery -should be used to fund personal vendettas and legal theatrics.”
SAMWU said Municipal budgets belong to communities, not to individuals desperate to save face after being found guilty of unfair labour practices.
“Furthermore, this judgment is a direct warning to all municipalities across the country: workers are not disposable,” SAMWU said.
“No employer has the right to silence workers, victimise them for speaking out, or ignore the constitutional structures meant to protect them.
“We stand with Ms. Mahlo, and we stand with every worker who has been victimised, dismissed unfairly, or silenced for daring to demand fairness in municipalities.”
The application was brought by the Karoo Hoogland Municipality to review and set aside the arbitration award.
Mahlo, the third respondent in the matter, was employed by the applicant as a record manager from May 2011 until her dismissal on 14 May 2029 at a salary of R38 620, 44.
She also served on the Local Labour Forum.
The issues that resulted in Mahlo being fired were triggered during LLF meetings on 26 March and 24 May 2018.
During the meetings, Mahlo allegedly said the HR Manager Mr. Malan had told “lies and misled people”.
The remarks were deemed defamatory and Mahlo was dragged through a disciplinary process that culminated in her being fired.
