Triple blow for Durban: eThekwini left without top chiefs for water, Metro Police and operations - IOL

eThekwini Municipality faces a fresh administrative crisis as three critical executive posts are declared invalid ahead of coalition talks.

eThekwini is facing a leadership vacuum in three of its most critical departments after the KwaZulu-Natal High Court in Durban set aside the appointments of its executives for Operations Management, Public Safety and Technical Services.

The ruling leaves the city without permanent heads for the portfolios that run day-to-day operations, Metro Police and safety operations, and trading services including water, sanitation and electricity.

The three officials were appointed by council on November 13, 2025: Lindokuhle Mkhize as Executive Director of Operations Management, Bhekinkosi Mkhize as Executive Director of Public Safety, and Ednick Msweli as Executive Director for Technical Services.

The Public Safety post primarily handles Metro Police and other safety and security operations in the city, while Technical Services deals mostly with trading services such as water, sanitation and electricity.

The matter was brought by the DA, which asked the court to review and set aside the council decision of November 13, 2025, declaring the appointments inconsistent with the Constitution and invalid.

In its papers, the DA argued that council had failed to comply with mandatory requirements for senior manager appointments. It argued there was no psychometric test report for any of the candidates when the appointment decision was made, and that council had not properly satisfied itself that the candidates had been satisfactorily screened.

The DA also argued there was non-compliance with parts of the Systems Act, which require a candidate to have suitable qualifications and requisite experience and knowledge for the position.

The municipality opposed the application. City Manager Musa Mbhele argued the DA's case was based on speculation and incorrect facts, and the City had previously said the appointments were lawfully made.

The court has now set the appointments aside, a year after they were made.

eThekwini went to the polls in the 2026 local government elections on November 4. No party won an outright majority. The MK Party emerged as the largest party with 86 of the 223 council seats, followed by the DA with 57, the ANC with 37 and the IFP with 15. With 223 seats, 112 are needed for a majority.

The IEC declared the results on Sunday, confirming that 127 councils nationally had no party with more than 50% of seats. Newly elected councils must now hold their first meetings and elect political leaders, with coalition talks in eThekwini described as crucial, over the next 14 days.

That means whoever forms the next administration in eThekwini will inherit a City with no permanent heads for its three most important operational departments, at the exact moment it is expected to stabilise services, pass budgets and restore public confidence.

Political analysts cited after the election said a coalition between the IFP, ANC and DA, which form the Government of Provincial Unity, was likely to take the reins in eThekwini, while the DA has ruled out a coalition with the MK Party. That outcome is still a forecast, not a concluded agreement.

For residents, the titles translate directly into services.

Technical Services sits over water, sanitation and electricity — the departments at the centre of Durban's persistent water outages, leaks and reliance on water tankers. Court papers in the appointment challenge had already noted that the Auditor-General concluded the vacancy rate in Msweli's department was 58%, contributing to its failure to meet performance targets.

Public Safety sits over Metro Police, at a time when communities are demanding visible policing and faster response to crime and public disorder.

Operations Management sits over the day-to-day running of the City — the co-ordination that determines whether faults are fixed, depots function and departments work together.

Without permanent leadership in those three posts, decisions on staffing, procurement, maintenance and long-term infrastructure planning risk being delayed, or left to acting officials without the authority to take long-term decisions.

The City has not yet publicly confirmed who is acting in the three posts, when the posts will be re-advertised, or whether it will appeal or seek leave to appeal the judgment.

Those are now the key questions for the incoming council: whether it will re-advertise immediately under a clean, compliant process, whether acting appointments will be made in the interim, and how it will prevent the same procedural failures from happening again.

The City had previously argued that the positions had been vacant for an extended period before the 2025 appointments, which it described as undesirable for administrative stability and accountability.