By Johnathan Paoli
Rustenburg’s embattled municipal manager, Ashmar Khuduge, has reportedly launched an urgent bid in the Mahikeng High Court to halt a misconduct hearing into allegations of financial mismanagement and irregular expenditure.
ActionSA provincial secretary Ofentse Kombe stressed that Khuduge’s alleged failures have already cost the municipality hundreds of millions.
“These are not small mistakes but clear financial misconduct that law enforcement must handle. As Municipal Manager, Mr. Khuduge is legally obligated under Sections 61 and 62 of the MFMA to act in the best interests of the municipality. As an admitted legal practitioner, his conduct also violates the Code of Conduct for Legal Practitioners, a dereliction of duty that is unacceptable for any senior public official,” Kombe said.
The urgent application, filed ahead of a misconduct hearing, sought an interdict to halt the proceedings on the grounds that the special council sitting that initiated the process was irregular and politically motivated.
Khuduge argues that the special sitting of council which authorised the probe was procedurally flawed, claiming the process is politically driven rather than rooted in accountability.
His attempt to block the disciplinary proceedings has ignited fierce debate in Rustenburg, where residents continue to endure collapsing infrastructure, water shortages and chronic service delivery failures.
Khuduge previously contended that the council breached municipal regulations in appointing an investigator, rendering the misconduct inquiry unlawful.
The hearing is intended to test a raft of allegations, including poor financial controls, irregular procurement processes, and questionable recruitment practices.
This is not the first controversy linked to the municipal manager.
His appointment in 2023 was immediately challenged in court by former councillor Ratanang Nke, who alleged that Khuduge’s hiring process was unlawful and riddled with shortcuts.
Though that case did not prevent him from assuming office, it planted early doubts about his leadership.
The current storm intensified in July this year, when ActionSA laid criminal charges of fraud and corruption against Khuduge at the Rustenburg police station.
The charges cite R335 million in irregular expenditure identified in the 2022/23 Auditor-General’s report, which the party argues constitutes a breach of the Municipal Finance Management Act (MFMA).
Kombe and fellow councillor Thamzile Phanuel Nkaelang submitted evidence including unauthorised legal fees of R10.4 million and supply chain irregularities.
ActionSA leader Herman Mashaba has also weighed in, accusing other political parties of shielding Khuduge from accountability.
The party has pledged to escalate the matter to the Public Protector, citing deliberate attempts by the Rustenburg council speaker to obstruct debate on the issue.
Among the allegations is the misuse of Section 114 of the MFMA, with Khuduge accused of extending contracts beyond 36 months without meeting the requirements of Section 33.
He is also alleged to have interfered in recruitment, sending his personal office manager to interviews and appointing a loyalist to head supply chain management.
Delays in shortlisting candidates and questionable internal practices further fuelled concerns of maladministration.
One of the most controversial matters involves a land deal.
A junior official irregularly approved a multimillion-rand service contract without proper authorisation, potentially exposing the municipality to a R150 million lawsuit.
Though the official later admitted sole responsibility, whistleblowers insisted Khuduge had played a role in the cover-up.
The ANC in Rustenburg has dismissed ActionSA’s charges as an election ploy ahead of the 2026 local polls, accusing the party of damaging the municipality’s reputation without offering proof of criminal intent.
Rustenburg Mayor Sheila Mabale-Huma, who convened the special council sitting to probe Khuduge, insists the process is necessary to restore public confidence.
ActionSA has doubled down, demanding Khuduge’s suspension and the immediate tabling of the misconduct report.
The party further called for Section 100 of the Constitution to be invoked, placing the provincial Department of Cooperative Governance, Human Settlements and Traditional Affairs under national administration for failing to intervene.
Inside Metros attempted to obtain comment from the Rustenburg Local Municipality but had received no response at the time of publication.
INSIDE METROS