Why the DA is challenging three senior eThekwini Municipality appointments

The filling of critical positions in the eThekwini Municipality is being challenged in court following accusations by the opposition that the appointments are “not fit for purpose”.

The Democratic Alliance (DA) wants the appointments to be reviewed and set aside. On November 13, 2025, the municipality appointed three senior managers to the following positions:

• Lindokuhle Mkhize was appointed as Executive Director of Operations Management.
• Bhekinkosi Mkhize was appointed as Executive Director of Public Safety. This position primarily handles Metro Police and other safety and security operations in the city.
• Ednick Msweli was appointed as Executive Director for Technical Services. This position deals mostly with trading services such as water, sanitation, and electricity.

In the court papers, the DA is the applicant, the eThekwini council is the first respondent, the mayor is listed as the second, and the municipal manager as the third respondent.

The three appointees are also listed. Detailing the relief the party seeks before the Durban High Court, the DA stated: "We seek to review and set aside the decision of the first respondent on 13 November 2025, declaring the appointment decisions to be inconsistent with the Constitution of the Republic of South Africa, 1996, and invalid.”

The DA’s application is in two parts. In Part A, the party seeks urgent interim relief pending Part B. It seeks to interdict and restrain the first to third respondents from continuing to give effect to the council's decision to appoint these individuals.

In Part B, which is to be heard in the ordinary course, the DA seeks orders to review and set aside the appointment decisions and declare them inconsistent with the Constitution and invalid. Its papers said, “The basis for the relief sought in both Parts A and B of the application is straightforward. The Municipal Council failed to comply with the mandatory requirements for appointment set out in the Regulations on Appointment and Conditions of Employment of Senior Managers.

"First, the Council failed to comply with regulation 17(1)(b). This regulation obliges the Council to satisfy itself that a candidate for appointment in a senior management position has been satisfactorily screened before an appointment is made.

“The Council does this by scrutinising the candidate's psychometric test report. There was no psychometric test report for any of the candidates when the appointment decision was made," stated the papers. The court papers added that there was non-compliance with regulation 8(1)(b) and section 56(1)(b) of the Systems Act. The Council is only entitled to make an appointment where a candidate has suitable qualifications for the position and has the requisite experience and knowledge.

“Mr Mkhize could only be appointed to the position of Executive Director: Public Safety if he had a Bachelor of Laws degree (LLB) or a bachelor’s degree in safety and security. Mr Mkhize holds a Bachelor of Arts degree and an Honours degree. There was no evidence before the Council that he met the minimum qualification requirements when the appointment decision was made,” the papers said.

“Mr Msweli was appointed to the position of Executive Director: Technical Services without the Council considering his suitability for this position. Mr Msweli is the current Head of Water Services in the Municipality. The Auditor General has repeatedly found that the Department of Water Services failed to meet three of its most important targets: water loss reduction, the provision of basic water services, and the provision of water to indigent households,” the papers continued.

The court papers stated that the AG has also concluded that the vacancy rate in Msweli's department is 58%, contributing to its failure to meet performance targets and assessments. Crucially, the AG has found that there have been serious failings within the department, resulting in poor service delivery.

“The Democratic Alliance is serious about its prospects of taking over the governance of eThekwini in the local government elections next year. “For this very reason, we are preparing now to ensure that we can install good and proper governance in the city, so that we can deliver a turnaround of the crisis in a much shorter space of time,” said the party in a statement.

EThekwini mayor Cyril Xaba said he will respect and fully cooperate with all court processes until the matter is resolved.

“Since the matter is now before the courts, our full position will be presented there. However, I must state that we firmly believe all due processes were followed, which is why the Council deemed it appropriate to approve the appointments.

“It is important to note that the positions in question have been vacant for an extended period, an undesirable situation for administrative stability and accountability. We view this action by the DA as yet another attempt to destabilise the municipality and hinder its ability to build adequate capacity to deliver essential services to our residents.”

THE MERCURY