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Labour Party seeks court order to declare National Dialogue unconstitutional, irrational


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Labour Party seeks court order to declare National Dialogue unconstitutional, irrational

Image of Cyril Ramaphosa
President Cyril Ramaphosa

19th June 2025

By: Thabi Shomolekae
Creamer Media Senior Writer

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The Labour Party of South Africa has launched an urgent High Court application to interdict President Cyril Ramaphosa’s National Dialogue process, arguing that it is “unconstitutional, irrational, fiscally irresponsible", and excludes the working class.

Earlier this month, Ramaphosa announced that in the wake of government’s engagements with various entities, there was broad agreement to convene a National Dialogue, given the challenges facing the country.

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He revealed that a National Convention, which will set the agenda for the National Dialogue, will be held on August 15.

The party seeks to halt all further implementation and expenditure, citing the duplication of existing democratic structures and the estimated R700-million to R800-million cost as unjustifiable in the current economic climate.

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The party further pointed out that the national dialogue lacked the executive powers of existing institutions such as Parliament and the legislatures.

“South Africa doesn’t need another elite summit behind closed doors. We already have Parliament, we already have Nedlac, and we already have civil society platforms. What we don’t have is political will from the ruling elite to act on the people’s demands,” said Labour Party acting secretary-general Lindi Mkhumbane.

The party said the notice of its motion was filed electronically on Wednesday, under case number 2025-092790 and will be supported by a full founding affidavit and annexures filed and served on Thursday.

The Labour Party wants the interdict to prevent the use of public funds for any phase of the dialogue, including payments to the Eminent Persons Group, until Parliament has authorised such expenditure.

Ramaphosa has appointed an Eminent Persons Group, comprising leading figures in society, who he says reflect the great diversity of the nation, with a proven commitment to the advancement of social cohesion and nation-building.

Amongst the members are former Independent Electoral Commission chairperson Dr Brigalia Bam; former Constitutional Court judge Edwin Cameron; Banyana Banyana coach and football legend Dr Desiree Ellis; researcher and rural activist Professor Nomboniso Gasa; Springbok captain and world champion Siya Kolisi; leader of the Zion Christian Church His Grace Bishop Barnabas Lekganyane; Anglican Archbishop of Cape Town the Most Reverend Thabo Makgoba; chairperson of the National Planning Commission Professor Tinyiko Maluleke; student activist and former Member of Parliament Nompendulo Mkhatshwa and business leader Dr Gloria Serobe.

The Labour Party also wants a review and setting aside of all executive decisions taken to initiate the dialogue process, including the appointment of the Inter-Ministerial Committee and the Steering Committee.

Mkhumbane claimed that this was not a true dialogue, but what she termed a PR stunt.

“We are dealing with a regime that stages participation while silencing real voices. The people weren’t consulted about this process, and now their money is being spent on it,” she said.

The Labour Party argued that no legal basis existed for this process to be convened in the absence of enabling legislation or parliamentary scrutiny, citing sections 213 and 215 of the Constitution, as well as the Public Finance Management Act, to show that executive discretion “is not a blank cheque”.

The party has indicated its intention to seek a preferential court date for the hearing of the application before any further phases of the National Dialogue are implemented or public funds are disbursed.

“This government has perfected the art of wasting public money on parallel processes like summits, commissions and talk shops that produce no results. We are saying enough is enough. Rather focus your energy – and our money – on rescuing Eskom, fixing our roads and infrastructure, as well as mending our broken institutions and schools. We have gender-based violence, rape, high murder rates and other imminent problems facing our country,” stated Mkhumbane.

Last week, ActionSA called for the proposed National Dialogue to be halted, calling instead for robust economic policies and investment in strengthening the criminal justice system, especially the National Prosecuting Authority, that it says has become a weak link under National Director of Public Prosecutions Shamila Batohi considering the unfinished business of the Zondo Commission.

Meanwhile, on Monday the GOOD Party expressed hopes that the National Dialogue would be more than symbolic and produce tangible outcomes.

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