By Akani Nkuna
The Democratic Alliance (DA) in KwaZulu-Natal has secured a court victory after three senior management appointments at the eThekwini Municipality were declared unlawful and unconstitutional and subsequently set aside.
DA eThekwini mayoral candidate Haniff Hoosen said on Tuesday that the party had been vindicated by the Durban High Court ruling, which he said reinforced accountability and the interests of residents.
He said the judgment should serve as a warning to those in positions of power against abusing their authority.
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“This judgment sends an unmistakable message to those in positions of power: no one is above the law, and political influence cannot be allowed to override the Constitution and legislation governing municipal appointments,” he said.
The judgment was delivered on Tuesday, 10 November, in a case involving the eThekwini Municipal Council, the mayor and the KwaZulu-Natal MEC for Cooperative Governance and Traditional Affairs (CoGTA), among other respondents.
The court found several irregularities in the municipality’s recruitment processes, including improper candidate screening, failure to comply with Regulation 17 and the appointment of candidates who did not meet the minimum qualifications for their respective positions.
The judge also criticised the council’s disregard for adverse Auditor-General findings and what was described as bad faith, finding that these constituted material irregularities that undermined good governance and the integrity of a fair recruitment process.
“The municipal council has a duty to conduct public recruitment in a fair, transparent and lawful manner. Where the process, as in this case, is fundamentally flawed, the appropriate remedy is not to salvage it but to set it aside in order to ensure that appointment decisions are made lawfully,” the judgment read.
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The ruling follows a legal challenge brought by the DA against the appointments of Ednick Msweli, Bhekinkosi Mkhize and Lindokuhle Mkhize to senior management positions in November 2025.
The party argued that the appointments were unconstitutional and sought to have them declared invalid, citing the municipality’s alleged failure to comply with mandatory requirements governing the appointment and conditions of employment of senior managers.
The court found that Lindokuhle Mkhize did not possess the required LLB degree for the position of Operations Manager, having instead obtained a BA Honours degree.
Bhekinkosi Mkhize was also found not to meet the minimum qualifications for the position of Executive Director of Public Safety, as he did not hold a relevant degree in law or safety and security.
The judge said Lindokuhle Mkhize’s appointment was a serious irregularity with far-reaching implications for the public and the fairness of the recruitment process.
Msweli’s appointment was also found to be flawed because the municipality had failed to properly assess his qualifications and suitability for the position.
The court considered adverse Auditor-General findings relating to water services, including poor performance, inadequate maintenance and river pollution caused by untreated sewage discharges.
The court further ordered the respondents to pay the DA’s legal costs.
