The eThekwini Municipality, which has been taken to the Durban High Court by the Democratic Alliance (DA) regarding the appointment of three senior directors, said the political party’s application was based on incorrect information.

The three new senior directors are Lindokuhle Mkhize, appointed as the executive director of Operations Management; Cyril Bhekinkosi Mkhize, as the executive director of Public Safety; and Ednick Msweli, as the executive director of Technical Services.

The DA initially sought an urgent interdict to prevent the senior managers from starting their duties (Part A of the motion) and to have the appointments declared invalid, claiming they were inconsistent with the Constitution (Part B). 

Part A was abandoned by the DA during court proceedings earlier this week, with the municipality’s representative, Advocate Griffiths Madonsela SC, arguing against interdicting an action that had already occurred, as the managers had already assumed their duties and signed their appointment letters.

Madonsela also contested the urgency of the DA’s application. The court ultimately ruled that Part B would be heard in February 2026 and set timelines for the filing of affidavits.

In response to Part B, eThekwini City Manager Musa Mbhele opposed the application, asserting that the DA’s argument was based on speculation and incorrect facts. 

Mbhele stated that the municipality had provided comprehensive documentation regarding the three managers, including qualifications verification reports (MIE and LexisNexis), competency assessments, CoGTA clearance letters, detailed recruitment memoranda, reference checks, and selection panel minutes.

“The applicant (DA) does not engage with these documents, nor does it challenge their authenticity. Instead, it relies on conjecture and speculation,” he said.

Mbhele further explained that each executive director underwent extensive assessment, including psychometric testing and an assessment by CoGTA’s service provider, Assessment Toolbox. 

“These verification processes confirmed that none of the three had a previous dismissal record or had resigned while facing disciplinary action,” he added.

Conversely, DA councillor in eThekwini, Alicia Kissoon, argued in an affidavit that the municipal council failed to comply with regulation 12(1)(b), which mandates the council to ensure a candidate for a senior management position is satisfactorily screened before appointment. 

Kissoon, who chairs the DA’s caucus in the municipal council, specifically questioned Lindokuhle Mkhize’s appointment, claiming a lack of evidence before the committee that Lindokuhle met the minimum qualification requirements.

She alleged that the position required a Bachelor of Laws degree, while Lindokuhle holds a Bachelor of Arts degree and an Honours degree.

Kissoon further alleged numerous compliance failures during the recruitment process, stating that the completion dates for screening and interviews are unclear. 

“It was not possible for the municipal manager and the selection panel to consider a total of 1,587 applications (in respect of all of the positions), then prepare a shortlist, screen each of the shortlisted candidates, conduct interviews, and make a selection recommendation – all within 40 days. The process was manifestly rushed and procedurally flawed,” she said. 

She added that the council failed to consider psychometric reports for each candidate, which are necessary to assess their leadership skills.

nomonde.zondi@inl.co.za

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