The eThekwini Municipality has taken note of a Durban High Court ruling that has declared the appointment of three senior managers unlawful and invalid. The appointments in question were made in November 2025, with Lindokuhle Mkhize as executive director of operations management, Cyril Bhekinkosi Mkhize as executive director of public safety, and Ednick Msweli as executive director of technical management.
According to the court, the Municipality failed to comply with mandatory requirements for appointing senior managers under the Local Government: Municipal Systems Act and its regulations. Judge Sanele Hlatshwayo ruled that the council had failed to satisfy itself that the necessary jurisdictional facts required by the regulations existed before approving the appointments. This ruling was made in response to a legal challenge by the Democratic Alliance (DA).
The DA had filed a notice of motion last year, shortly after the appointments were announced, and the application was brought in two parts. Part A sought to prevent the municipal council, Mayor Cyril Xaba, and Municipal Manager Musa Mbhele from implementing the council's decision to appoint the three senior managers. However, the Municipality opposed the interim relief sought in Part A, and the parties agreed that the relief sought in Part A would no longer be pursued.
The court found that the council had approved the appointments on November 13, 2025, after accepting recommendations from the executive committee. Municipal Manager Musa Mbhele subsequently directed that the appointments take effect from November 15, just two days later. The council also resolved to ask the Minister of Cooperative Governance and Traditional Affairs to approve an increase in the annual salaries of the three appointees to R2,916,751 each on December 4.
Judge Hlatshwayo found merit in the DA's argument concerning the proposed salary increases, stating that the council had failed to explain why it sought the increases less than a month after the appointments. This raised the possibility that the appointees had been given assurances that their salaries would be increased shortly after taking up their positions. The Municipality has stated that its legal representatives are studying the judgment and will not comment on the matter at this stage.
The eThekwini Municipality's response to the judgment is being awaited, with many questioning the implications of the ruling on the Municipality's operations. The DA's legal challenge and the subsequent court ruling have highlighted the need for the Municipality to ensure that its appointments are made in accordance with the relevant laws and regulations.
The court's decision has significant implications for the Municipality, and it remains to be seen how the Municipality will respond to the ruling. The Municipality's senior managers' appointments have been declared unlawful, and it is unclear what steps will be taken to rectify the situation. The DA's victory in this case has demonstrated the importance of holding municipalities accountable for their actions.
Key points
- The Durban High Court has declared the appointment of eThekwini Municipality's senior managers unlawful due to non-compliance with mandatory requirements.
- The court ruling has significant implications for the Municipality's operations and accountability.
- The Municipality's response to the judgment is being awaited, with many questioning the implications of the ruling.
