South African Municipal Workers Union v City of Cape Town and Others

The South African Municipal Workers Union (SAMWU) sought to challenge a decision by the City of Cape Town to establish a municipal police force. The decision was taken without consulting SAMWU. The union unsuccessfully applied in the Cape of Good Hope High Court for an order setting aside the decision. Following this, SAMWU applied for leave to appeal directly to the Constitutional Court. The High Court issued a certificate under Rule 18 stating that the matter did not involve a constitutional issue of substance and that it was not in the interests of justice for the Constitutional Court to hear the matter directly, but granted leave to appeal to the Supreme Court of Appeal (SCA) if the Constitutional Court refused leave. SAMWU nevertheless pursued a direct appeal to the Constitutional Court.

The application for leave to appeal directly to the Constitutional Court was refused. Costs were ordered to be costs in the appeal to the Supreme Court of Appeal.

The case reinforces the Constitutional Court’s role as a court of last resort and clarifies the principles governing direct access and direct appeals. It underscores that matters primarily involving statutory interpretation should generally be decided by the Supreme Court of Appeal before approaching the Constitutional Court, even where constitutional arguments may ultimately arise.