Urgent application by former Busamed CEO Dr Dumani Kula dismissed by Durban High Court
The Durban High Court has dismissed an urgent application by the recently dismissed Busamed Pty Ltd CEO, Dr Dumani Kula, who sought both his reinstatement as head of the private hospital group and an interdict preventing the founder of Busamed, Dr Diliza Mji, from making decisions on behalf of Busamed Management Company (BMC) Pty Ltd.
Dr Kula’s application was submitted following his immediate termination on January 24, 2026. This termination occurred after he failed to respond to an email from Thabiso Buku on January 16, 2026, which gave him seven days to choose between a mutual separation and legal action. Kula had been initially presented with these options on December 23, 2025.
Kula’s lawyer, P Louw SC, argued for urgency, asserting that the court had jurisdiction because the termination by a subsidiary (BMC) was an illegal breach of Kula’s contractual rights. Kula’s legal team also alleged that the termination process was marked by fraudulent actions.
However, Senior Counsel C Loxton, representing BMC and Dr Mji, contested the urgency, arguing that the appropriate forums were the Labour Court or the Commission for Conciliation, Mediation and Arbitration (CCMA).
“The application is an unfair dismissal claim dressed up as a contractual claim,” Loxton SC said.
Acting Judge Oliff agreed with BMC’s stance, noting that Kula’s previous leisurely pace before the January 16 email undermined the claimed urgency. The judge further stated that it is clear from the wording of Kula’s affidavit that he had already decided to take the legal route from December 2025, and he understood the options that were made available to him.
“In my view, there is no reason why the first applicant (Kula) cannot follow the remedies in terms of the Labour Relations Act. The applicant should have proceeded in either the CCMA or the Labour Court,” the judge said.
Kula failed to attend the disciplinary hearing, which was chaired by retired Judge Basheer Wagley on December 1, 2025. Oliff noted that Kula’s delay was a factor in the urgency of the matter and that Buku’s email would not have been necessary had Kula communicated his intent to pursue legal proceedings.
Judge Oliff struck the matter from the roll due to a lack of urgency. Dr Kula was ordered to pay the costs of the application, including the costs of two counsel on Scale C.
nomonde.zondi@inl.co.za