Ednick Msweli and Lindokuhle Mkhize, whose appointments as eThekwini municipal senior managers were set aside by the Durban High Court.
The Durban High Court has set aside eThekwini Municipality’s appointments of three senior managers.
In a judgment handed down on Tuesday, the court declared invalid and set aside the appointments of 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 Services.
The DA brought the application, arguing that the appointments were irregular.
In a statement, eThekwini Municipality said it had noted the judgment. Its legal representatives were studying it, and the city said it would not comment further at this stage.
The court found that the municipality’s decision to appoint the three officials in November 2025 was invalid, unlawful and inconsistent with the Constitution.
“The appointment decision is hereby declared invalid, unlawful and inconsistent with the Constitution of the Republic of South Africa,” the judgment said.
Handing down judgment, Judge Sanele Hlatshwayo said the municipal council had committed several irregularities, including improper screening, failing to satisfy itself as required by Regulation 17, appointing a candidate who did not meet the minimum qualification requirements, ignoring adverse findings by the Auditor-General and acting in bad faith.
“These are, by all accounts, material irregularities that strike at the core of good governance and a just recruitment process,” the judge said.
The judge added that the council had 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,” Hlatshwayo said.
The DA argued that the municipality had failed to comply with the mandatory requirements for appointing senior managers.
The party relied mainly on section 56(1) of the Municipal Systems Act, which requires a person appointed to a senior-management position to have the necessary skills, expertise, competencies and qualifications.
It argued that Cyril Bhekinkosi Mkhize did not meet the minimum qualification requirements for the position of executive director of Public Safety because he did not have the required bachelor’s degree in law or a degree in safety and security. Instead, he held a Bachelor of Arts degree and a Bachelor of Arts Honours degree.
Following the interviews, Lindokuhle Mkhize was recommended for the position of executive director of Operations Management. Cyril Mkhize was ranked third but was recommended for the position of executive director of Public Safety. Msweli was recommended for the position of executive director of Technical Services.
The DA also argued that the municipality had failed to consider whether Msweli was suitably qualified, given adverse findings by the Auditor-General during his tenure as head of the Water Services directorate.
The party said the appointment of Cyril Mkhize was unlawful and that the municipality’s failure to consider the Auditor-General’s findings against Msweli rendered its decision irrational and unlawful.
The DA further raised concerns about the decision to make the appointments effective from 15 November 2025, two days after the council approved them. It argued that this contravened Regulation 8, which provides that appointments should take effect on the first day of the month following the appointment.
The DA welcomed the judgment. “We took this matter to court because we refused to accept appointments that we believed were fundamentally flawed,” the party said.
“The people of eThekwini deserve competent, ethical and accountable senior management, appointed through lawful and transparent processes. Public positions must never be treated as political rewards.”
down on Tuesday, the court declared invalid and set aside the appointments of 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 Services.
The DA brought the application, arguing that the appointments were irregular.
In a statement, eThekwini Municipality said it had noted the judgment. Its legal representatives were studying it, and the city said it would not comment further at this stage.
The court found that the municipality’s decision to appoint the three officials in November 2025 was invalid, unlawful and inconsistent with the Constitution.
“The appointment decision is hereby declared invalid, unlawful and inconsistent with the Constitution of the Republic of South Africa,” the judgment said.
Handing down judgment, Judge Sanele Hlatshwayo said the municipal council had committed several irregularities, including improper screening, failing to satisfy itself as required by Regulation 17, appointing a candidate who did not meet the minimum qualification requirements, ignoring adverse findings by the Auditor-General and acting in bad faith.
“These are, by all accounts, material irregularities that strike at the core of good governance and a just recruitment process,” the judge said.
The judge added that the council had 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,” Hlatshwayo said.
The DA argued that the municipality had failed to comply with the mandatory requirements for appointing senior managers.
The party relied mainly on section 56(1) of the Municipal Systems Act, which requires a person appointed to a senior-management position to have the necessary skills, expertise, competencies and qualifications.
It argued that Cyril Bhekinkosi Mkhize did not meet the minimum qualification requirements for the position of executive director of Public Safety because he did not have the required bachelor’s degree in law or a degree in safety and security. Instead, he held a Bachelor of Arts degree and a Bachelor of Arts Honours degree.
Following the interviews, Lindokuhle Mkhize was recommended for the position of executive director of Operations Management. Cyril Mkhize was ranked third but was recommended for the position of executive director of Public Safety. Msweli was recommended for the position of executive director of Technical Services.
The DA also argued that the municipality had failed to consider whether Msweli was suitably qualified, given adverse findings by the Auditor-General during his tenure as head of the Water Services directorate.
The party said the appointment of Cyril Mkhize was unlawful and that the municipality’s failure to consider the Auditor-General’s findings against Msweli rendered its decision irrational and unlawful.
The DA further raised concerns about the decision to make the appointments effective from 15 November 2025, two days after the council approved them. It argued that this contravened Regulation 8, which provides that appointments should take effect on the first day of the month following the appointment.
The DA welcomed the judgment. “We took this matter to court because we refused to accept appointments that we believed were fundamentally flawed,” the party said.
“The people of eThekwini deserve competent, ethical and accountable senior management, appointed through lawful and transparent processes. Public positions must never be treated as political rewards.”