Mayor Xaba Opposes DA court bid over Senior City appointments

eThekwini Mayor Cyril Xaba has made an official statement that his office will oppose the Democratic Alliance (DA) Caucus’ urgent court bid to stop three executive appointments. The DA caucus in the Municipal Council and its colleagues in senior provincial party leadership filed an interdict challenging the legality of the recruitment process concerning the appointment to the posts of technical services, public safety, and operations management. Addressing a media briefing at City Hall on Thursday, the Mayor was adamant that the council had followed all regulations and was satisfied that the candidates met the required competencies. Mayor Xaba stated that the three municipal posts have been vacant for a long time and, creating an undesirable situation for the administrative stability of local government.

“ For us, there’s no concern. I don’t think there’s a case. I think it’s politicking on the part of the Democratic Alliance. They are arguing urgency. I don’t think that there’s any urgency in the matter, and the matter must go on a normal court roll where we’ll argue our case.” However, the DA believes the city ignored strict timelines and competency assessment rules for senior managers. Its mayoral candidate, Haniff Hoosen, also addressed the media on Thursday, and claimed that one of the appointees does not have the minimum qualifications. At the same time, he believes the process for all three was rushed. “ The shortlisting and selection process must be done within 30 days, and these deadlines were missed by months,” Hoosen said. “Another important requirement is that before appointing these candidates, the municipal council must satisfy itself that a proper competency test is conducted for each candidate.

“What occurred here is that the municipality kept a release competency test a secret, and never made them available to the counsellors who have a legal obligation to ensure that this is done.”

 

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The statement being told by both the municipal administration and the opposition are both contradictory. The mayor has argued that there is no urgency to take this matter to the Durban High Court while the DA insists there was illicit conduct on the part of the ANC led administration in selecting the candidates. Of course, it should argue that transparency and accountability should have centre stage, reigning above party politics. The Court indictment will go through and the truth about how the Mayor and his ANC colleagues on the eThekwini Council as regards to the appointees not meeting the minimum requirements they should be dismissed. However, the delays in these appointments by a matter of months over the thirty day minimum should be explained to the public.  If the fault of this matter lies with the Mayor and ANC councillors then perhaps the culprits should not be allowed to remain in office.

Competency tests and other municipal reports should not be allowed to be kept secret. The decision by the mayor to delay and then rush through such a delicate process provokes more questions than answers. What motive did the mayor and his aides have in appointing the three individuals concerned? What was known about them? Should they now be removed from their positions?

 

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The Democratic Alliance (DA) wants the appointments to be reviewed and set aside. On November 13, 2025, the municipality appointed three senior managers to the following positions:

  • Lindokuhle Mkhize was appointed as Executive Director of Operations Management.
  • Bhekinkosi Mkhize was appointed as Executive Director of Public Safety. This position primarily handles Metro Police and other safety and security operations in the city.
  • Ednick Msweli was appointed as Executive Director for Technical Services. This position deals mostly with trading services such as water, sanitation, and electricity.

In the court papers, the DA is the applicant, the eThekwini council is the first respondent, the mayor is listed as the second, and the municipal manager as the third respondent.

The three appointees are also listed. Detailing the relief the party seeks before the Durban High Court, the DA stated: “We seek to review and set aside the decision of the first respondent on 13 November 2025, declaring the appointment decisions to be inconsistent with the Constitution of the Republic of South Africa, 1996, and invalid.”

 

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The scandal surrounding these municipal appointments smells of the same ordure as state capture. The speed with which they were done after having been delayed and neglected raises eye brows. It is the position and role of local government to lead their local region in accordance with the ethics of impartiality as well as transparency and holding the civilian local leadership and the mayor to account. Making not one but three appointments to the municipal administrative body needs a thorough and public investigation by court. The truth as to whether there was wrongdoing should be put fully forward. No stone left unturned. The mayor will have to resign if he is responsible for abusing his power. He will have to explain why he was so determined to appoint the three figures mentioned above if they did not qualify.

eThekwini Municipality has long been plagued by incompetence in local government. Mismanagement by such official is no longer acceptable. There needs to be an overhaul of reform but it depends on how the electorate vote in terms of the municipal council. The current council set up and Cyril administration has to change profoundly. Corruption cannot be allowed to breed.

Article written by:

Yacoob Cassim

Journalist at Radio Al Ansaar