MEDIA RELEASE
2025-07-18

SUMMARY:  The Labour Party of South Africa (Labour Party) has noted with disappointment the High Court’s dismissal of its urgent application to halt President Cyril Ramaphosa’s unlawful “National Dialogue”. While the matter was found to be urgent, the Court declined to intervene, leaving serious constitutional questions unresolved. The Party argued that the President is using state funds to construct a parallel governance structure that bypasses Parliament and undermines constitutional accountability. The National Dialogue is presented as a unifying process, but in reality serves to protect the ruling elite, avoid scrutiny, and insulate power from democratic oversight. The Labour Party has confirmed that it will intensify its call for constitutional reform, direct presidential accountability, and a national referendum to restore power to the people.

The Labour Party appeared before Acting Judge De Vos AJ on 9 July 2025, seeking an urgent interdict to halt the so-called National Dialogue – a R700 million parallel process announced by the State President without enabling legislation, parliamentary approval, or public oversight.  Judgment was delivered today and the application dismissed, despite the Court acknowledging the urgency and public importance of the matter.

“This was a moment for the judiciary to defend our constitutional order against executive overreach,” said Labour Party interim President Joseph Mathunjwa.  “Instead, the Court stepped back, and we are left with an expensive, elitist talk-shop that the people never asked for and Parliament never approved”, he said.

The news broke earlier this morning, and it is already on national media as “breaking news”.

“When the Labour Party was fighting for justice in court, it was ignored by the media. But the moment our case is dismissed, suddenly it’s ‘breaking news’.  That tells you everything about whose side the media is on, and whose voices they are paid not to hear,” said Mathunjwa.

The Labour Party’s case was grounded in a defence of constitutional supremacy.  It argued that the National Dialogue unlawfully duplicates the role of Parliament and creates a parallel governance structure that answers to no one but the Presidency.  The President’s decision to announce and fund such a process without legal authority violates sections 213 and 215 of the Constitution and the principles of public accountability.

“We are told this is about unity”, said Mathunjwa.  “But unity without justice is merely overreach.  This Dialogue is not about inclusion.  It is about political damage control for a collapsing ruling elite that fears Parliament and fears the people”, he added.

Delays in the case were caused by the late intervention of the Thabo Mbeki Foundation, Steve Biko Foundation, Chief Albert Luthuli Foundation, Desmond and Leah Tutu Legacy Foundation, and Strategic Dialogue Group, claiming to be custodians of the Dialogue.

“These foundations actually exposed themselves and show us who they really are”, Mathunjwa said.  “They claim the legacy of liberation, but they serve the agenda of those in power, for interests that are not aligned with the masses of South Africans who suffer under unemployment, poverty and inequality”, he pointed out.

While the Court found that the President may have constitutional power to promote national unity, it did not make a final determination on the lawfulness of the Dialogue.  Instead, it held that the Party had not shown sufficient harm to warrant urgent intervention.  Part B of the case, namely the review application therefore remains pending.

“The elite wants to be seen to care for the poor, but only when it suits them.  They were nowhere to be found over the past thirty years while poverty, unemployment and inequality increased every quarter”, said Mathunjwa.  “Now that their own political relevance is under threat, they come running to exploit the plight of the vulnerable.  We never said the President can’t speak to the nation … but he must do so through the structures created by the Constitution, not through self-appointed panels and elite gatherings”, he said. “True unity will not be achieved through this so-called National Dialogue.  It will be achieved through employment.  It will be achieved by reducing inequality, by investing in real services, and by using South Africa’s mineral wealth to create jobs, drive innovation and industrialise this country”, Mathunjwa said.

“This National Dialogue is nothing more than another cartel … another channel of income for insiders.  Another way of stealing.  Another form of corruption”, he said..  “These commissions and committees are parallel structures specifically designed to avoid accountability … to give the appearance of progress and justice while shielding those in power from consequences”, Mathunjwa added.  

“The Labour Party legal team is studying the judgment and we will engage our structures to determine the best strategic response.  Make no mistake… We are not done.  This country belongs to its people, not to commissions, summits, presidential panels or foundation insiders”, he said.

“We don’t see this as a loss … we have exposed the arrogance of the judiciary in shielding executive power.  There is no fairness.  The poor will be exploited by the powers that be.  This is a victory in that it exposed the system for what it is: they can do as they wish, with no consequences”, Mathunjwa said.

“Hence, we repeat our call for a constitutional amendment: the President must be elected by the people … and held accountable by the very same people”, Mathunjwa said.  “Our leaders must not appointed through backroom deals and dirty party caucuses … and they must not be shielded from accountability by their rich friends”, he said.

“If R700 million was available, it should have been spent on changing the Constitution to serve the people.  For the victims of gender-based violence and rape.  For the unemployed.  For the broken public hospitals and schools.  Not for an elite talk-shop to protect the status quo”, he explained. 

“We therefore renew our call … not for a Dialogue, but for a fresh election. A Referendum. Then we will see who really cares about the people, and who merely cares about protecting those power,” Mathunjwa concluded.

The State Respondents, including the President and Government of South Africa, were represented by Advocate Kameshni Pillay SC. The Intervening Respondents – comprising the Thabo Mbeki Foundation, Steve Biko Foundation, Chief Albert Luthuli Foundation, Desmond and Leah Tutu Legacy Foundation, and Strategic Dialogue Group – were represented by Advocate Tembeka Ngcukaitobi SC.

The Labour Party was represented by Advocate Greta Engelbrecht SC, assisted by Advocate Safura Abdool Karim.

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