The DA in eThekwini believes that court interdicts are one of the first steps it is implementing to return good governance to eThekwini Municipality and get the city working again.
This is according to DA eThekwini mayoral candidate Haniff Hoosen, ahead of a Durban High Court matter on Friday.
The December 2025 interdict application
In December 2025, the DA brought an application in the Durban High Court seeking an interdict against the appointment of two senior municipal staff members to the positions of Executive Director of Water and Sanitation and Executive Director of Public Safety.
Hoosen’s statement comes days after the municipality appointed Dr Sandile Mnguni as Chief Financial Officer (CFO) and Malusi Mhlongo as executive director in the Office of the City Manager on Wednesday.
New CFO and executive director appointed
The municipality had to comply with regulations governing the appointment and conditions of employment of senior managers in local government. It was required to finalise the appointments by July 18, 2026.
Mnguni was permanently appointed as CFO following a competitive national recruitment process. He had been serving in the position on a fixed-term basis since 2021. According to the municipality, Mnguni brings more than 22 years of senior leadership experience in local government, public sector finance and auditing.
Mhlongo’s new portfolio will include executive management support, international and intergovernmental relations, legal services, the eThekwini Municipal Academy, city integrity and investigations, strategy and integrated development, as well as monitoring, evaluation and advisory services.
DA raises concerns over 11th-hour tabling
The DA has not announced intentions to challenge these appointments in court.
However, DA eThekwini Caucus Leader Thabani Mthethwa stated that the proposed appointments were presented to the council with insufficient notice for proper scrutiny.
“Routinely allowing critical agenda items to be tabled at the 11th hour undermines the council’s oversight function. What should be an exceptional procedural measure has become common practice across council committees, forcing councillors to vote on reports they have had little or no opportunity to scrutinise,” Mthethwa said.
He added that appointments of this significance will shape the future governance and financial sustainability of eThekwini.
He added that appointments must be subjected to the highest levels of scrutiny, not rushed through the council without adequate interrogation.
“Council cannot be expected to endorse recommendations without sufficient time and information to determine whether recruitment processes were fair, competitive, transparent, and fully compliant with the law,” Mthethwa said.
Material irregularities alleged in court papers
Regarding the court case, Hoosen said it was heard partially in February 2026.
“The main heads of argument surround the serious material irregularities in the appointment of these staff members and their lack of qualifications for the job. It is our view that the persons who are responsible for the destruction of the city should not be appointed permanently to positions in the city and should instead be held accountable for their failures,” Hoosen said.
Part A and Part B relief explained
It was reported that the DA approached the Durban High Court on an urgent basis, seeking an interim interdict referred to as Part A to restrain the eThekwini Municipality Council, Mayor Cyril Xaba, and Municipality Manager Musa Mbhele from implementing the municipal council’s decision of November 13, 2025.
In addition to the urgent relief, the party also sought a main order referred to as Part B to review and set aside the appointments, declaring them invalid and inconsistent with the Constitution.
Municipality opposes the application
However, the municipality opposed the interim relief sought in Parts A and B.
In response to Part B, eThekwini City Manager Musa Mbhele opposed the application, asserting in court that the DA’s argument was based on speculation and incorrect facts.
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