The Western Cape government has initiated legal action against Theewaterskloof Municipality over the appointment of Tracy Mbalo-Tshungwana as acting director. MEC Anton Bredell's department claims her qualifications and appointment do not meet statutory requirements. In a letter dated 29 October 2026, Bredell informed the municipality's Speaker of the government's intention to challenge the council's decision to retain Mbalo-Tshungwana.
According to Bredell's letter, the council resolved to keep Mbalo-Tshungwana as Acting Director of Community Services, despite his concerns about her qualifications. The Department of Local Government has been instructed to institute legal proceedings, declaring her appointment unlawful. The department will also seek "any other relief" advised by its legal representatives and a cost order against councillors who supported her continued acting appointment.
Bredell had previously raised concerns about Mbalo-Tshungwana's appointment in a letter dated 8 October 2026. He questioned the minimum qualification requirements for the post. His spokesperson, Wouter Kriel, declined to comment further, citing the potential impact on legal proceedings. The authenticity of the letter was not disputed by Kriel.
Theewaterskloof Municipality spokesperson Tarren-Lee Habelgaarn confirmed that the matter was discussed at a special in-committee council meeting. However, she declined to comment on decisions taken during confidential in-committee proceedings. Further enquiries were referred to the Speaker's office.
Mbalo-Tshungwana has been Town Manager of Grabouw since 2022. Previous media reports described her as having worked in revenue management at the City of Cape Town and in the Department of Transport and Public Works as an operations manager. Her LinkedIn profile lists her as an MBA candidate at Henley Business School Africa, with studies beginning in April 2026.
A sitting Theewaterskloof councillor reported that Mbalo-Tshungwana remains in the acting director position despite Bredell's legal threat. The councillor stated that the ANC, EFF, and PA voted for her to be retained in the position. These parties also voted for the removal of mayor Lincoln de Bruyn last month. De Bruyn has since been reinstated after the DA approached the courts to declare his removal unconstitutional.
The Western Cape government's decision to challenge Theewaterskloof Municipality's appointment of Mbalo-Tshungwana has significant implications for the municipality. The outcome of the court proceedings will determine the legitimacy of her appointment and potentially impact the municipality's governance. The case highlights the importance of adhering to statutory requirements in appointments and the role of oversight bodies in ensuring accountability.
Key points
- MEC Anton Bredell's department is challenging Theewaterskloof Municipality's decision to retain Tracy Mbalo-Tshungwana as acting director due to alleged irregularities in her appointment.
- The Department of Local Government will seek "any other relief" advised by its legal representatives and a cost order against councillors who supported Mbalo-Tshungwana's continued acting appointment.
- Mbalo-Tshungwana remains in the acting director position despite Bredell's legal threat, with the ANC, EFF, and PA voting for her retention.
