LABOUR PARTY’S COURT CHALLENGE PUSHES ON DESPITE MOUNTING OPPOSITION AND PROCEDURAL FRUSTRATIONS

MEDIA RELEASE
2025-06-27

SUMMARY: The urgent interdict application of the Labour Party of South Africa (Labour Party) to halt the National Dialogue process continues despite mounting opposition and procedural sabotage. The ThaboMbeki, Biko, and Chief Albert Luthuli Foundations – now formallyseeking to intervene – are not neutral actors, but key drivers of a process designed to rubber-stamp pre-determined neoliberal outcomes dictated by the IMF and World Bank. The Labour Party will oppose this elite alliance of state and civil society actors working to bypass Parliament and shield the executive from constitutional accountability.

The Labour Party confirms that earlier today it received formal notice from attorneys acting on behalf of the Thabo Mbeki Foundation, the Biko Foundation and the Chief Albert Luthuli Foundation of their intention to intervene in the urgent High Court proceedings to stop the President’s so-called National Dialogue.

To intervene in court proceedings means to apply for permission to join the case as an additional party, even though one was not originally cited. The Foundations argue that they have a direct interest in the outcome because of their role in convening the National Dialogue. If their application succeeds, they will become active participants in the case, entitled to file affidavits, oppose the Labour Party’s application, and make submissions to the court — all in defence of the dialogue process.

“These Foundations are the public face of this parallel governance project, and it is no surprise that they now seek to enter the fray”, said Joseph Mathunjwa, interim president of the Labour Party. “This is no longer just about the Presidency. It is now clear thatpowerful civil society elites are working in concert with the State to bypass Parliament and undermine our constitutional order” , he added.

The Foundations, represented by Cliffe Dekker Hofmeyr attorneys, say they intend to file their intervention application, together with an answering affidavit, by tomorrow (28 June 2025). This comes just days after the State failed to file its own answering papers by the court-imposed deadline of 24 June. Instead, the Respondents have requested a case management meeting in what appears to be a bid to delay the hearing.

“This is a textbook attempt to muddy the waters and frustrate our quest for justice”, Mathunjwa said. “They missed the deadline, and now they’re bringing in reinforcements to stall the process and give political cover. But we are ready” , he warned.

The Labour Party launched its urgent application on 18 June 2025 in the Gauteng Division of the High Court, seeking to interdict the implementation of the President’s decision to convene a National Dialogue and two related conventions. The Party argues that the decision is ultra vires, unconstitutional and irrational, as it creates an unaccountable, parallel governance structure duplicating the functions of Parliament at a cost of between R700 million and R800 million.

At the heart of the Labour Party’s case is a fundamental political objection: the National Dialogue is not a genuine democratic exercise, but a costly and dangerous duplication of the national legislature.

“We already have a Parliament … a democratically elected institution with the constitutional authority to host debate, process laws, and hold the executive to account”, said Mathunjwa. “If Parliament is functional, why create a new platform for the same purpose” , he asked. “This is not inclusion – it is circumvention” , he said.

The Party further contends that the so-called dialogue is being used to legitimise the neoliberal agenda of international finance institutions. “This dialogue is being used to give cover to the IMF [International Monetary Fund] and World Bank agenda of privatising state-owned entities, facilitating private power producers, and unbundling Eskom, all under the guise of a so-called national social compact”, Mathunjwa added.

He warned that the public expenditure on this process is unjustifiable. “We already have a bloated Parliament – the highest political forum in the land. It already costs the public millions. Why do we need an additional process, unless it is to bypass public scrutiny and push through predetermined decisions” , he asked.

Most critically, the Labour Party argues that the Dialogue is not politically neutral. “There is an old African adage: ‘If you hit the dog, the owner will come out.’ This court challenge has shown us who truly controls the ideological agenda. This is not an open forum. It is a top-down attempt to guide the masses into accepting elite decisions that have already been taken” , Mathunjwa pointed out.

“This is not a Dialogue – it is a show … a scripted performance. The agenda is set, the outcomes are pre-written, and the role of the masses is to nod along while austerity, privatisation, and job losses are imposed in the name of ‘reform’. This is a rubber stamp for IMF instructions — nothing more, nothing less”, Mathunjwa concluded.

In its heads of argument, the Labour Party submits that the President acted without any lawful or constitutional basis, bypassing Parliament and undermining the separation of powers. The application relies on section 172(1)(b) of the Constitution and the principles set out in the OUTA judgment, arguing for urgent interim relief to safeguard the rule of law.

The Party is represented by senior counsel, Adv Margaretha Engelbrecht SC. The matter is set down for hearing on 1 July 2025.

The Labour Party has made all court papers available on its official website and invites all progressive organisations, trade unions, and concerned South Africans to support the case.

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