High Court refuses to suspend Siyabonga Ntuli’s uMkhanyakude dismissal

KZN High Court
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PIETERMARITZBURG, Friday 4 September 2026 — The KwaZulu-Natal High Court has refused to suspend the dismissal of senior uMkhanyakude District Municipality official Dr Siyabonga Robson Ntuli, leaving the municipality’s disciplinary decision in effect while his underlying review challenge continues.

Judge P.C. Bezuidenhout dismissed Ntuli’s application for interim relief in a judgment handed down electronically on Friday, finding that he had alternative remedies available and had not established the irreparable harm required for an interim interdict.

The ruling adds another layer to a prolonged leadership and governance dispute at the northern KwaZulu-Natal district municipality, which has already generated litigation over senior appointments and political conflict between the ANC-led council and the province’s IFP-controlled Co-operative Governance portfolio.

Ntuli had approached the court urgently on 12 August seeking to prevent a disciplinary hearing scheduled for that day and the following day.

According to the judgment, the disciplinary process proceeded while the urgent High Court application was standing down and Ntuli was dismissed in his absence on 12 August.

There is a dispute between the parties over what was communicated to the court concerning whether the disciplinary hearing would proceed while the urgent application was being considered.

Ntuli’s legal team maintained that they understood the disciplinary proceedings would not continue pending the court process.

The municipality’s counsel disputed that any such assurance had been given.

Bezuidenhout said that disagreement did not have to be resolved for purposes of Friday’s interim judgment and could instead be addressed in review proceedings.

After Ntuli was dismissed, he amended his application.

He sought an order suspending the dismissal ruling and preventing the municipality and its officials from implementing recommendations arising from the disciplinary process.

He also wanted further disciplinary proceedings interdicted unless they complied with the Local Government Disciplinary Regulations for Senior Managers.

The dispute is complicated by an earlier High Court ruling concerning the municipality’s senior leadership.

The uMkhanyakude council had appointed Dr Nhlanhla Joshua Sibeko as municipal manager during meetings in April, while Sipho Ndabandaba was appointed to act in the position.

Ntuli challenged those appointments.

On 5 August, the High Court reviewed and set aside the appointments of Sibeko and Ndabandaba, finding that the council’s decisions were unlawful.

The Zululand Observer reported after that judgment that the court gave uMkhanyakude 60 days to correct its municipal-manager appointment process and also set aside the appointment of the chief financial officer.

Ntuli argued in the latest case that the officials involved in initiating disciplinary action against him were conflicted because he had challenged their appointments.

He also contended that the disciplinary process was unlawful and that the appointments subsequently set aside by the court undermined the authority on which the proceedings against him were based.

Those arguments remain contested and have not been finally determined.

Friday’s judgment dealt only with the interim relief Ntuli sought while further review proceedings remain available.

Bezuidenhout found that the Local Government Disciplinary Regulations for Senior Managers provide mechanisms through which a senior municipal manager can challenge disciplinary findings or sanctions.

The regulations allow a dispute over a disciplinary finding or sanction to be referred to a bargaining council, the Commission for Conciliation, Mediation and Arbitration or an accredited agency.

The judge therefore found that alternative remedies were available to Ntuli.

He also found that Ntuli had not shown that he would suffer irreparable harm if the dismissal remained effective pending further proceedings.

“The present position is therefore that Applicant has been dismissed,” the judgment records.

Bezuidenhout said questions surrounding the way the disciplinary proceedings were conducted, including whether they should have continued while the High Court matter was under way, could be dealt with through an appeal or review.

The court consequently dismissed Part A of Ntuli’s application.

The respondents did not seek a costs order against him.

The judgment does not finally determine the lawfulness of Ntuli’s dismissal.

Nor does it reverse the separate 5 August judgment setting aside the appointments of Sibeko and Ndabandaba.

Instead, it means that Ntuli does not receive temporary court protection restoring or preserving his position while those wider disputes are pursued.

The development is politically significant because uMkhanyakude has become one of KwaZulu-Natal’s more contested municipalities ahead of the 4 November local government elections.

The district includes Jozini, Mtubatuba, Big Five Hlabisa and uMhlabuyalingana local municipalities, where the ANC, IFP, MK Party and smaller formations are competing for influence.

The municipality has also been at the centre of recurring disputes between provincial Co-operative Governance MEC Thulasizwe Buthelezi and the ANC-led district administration.

In August, Buthelezi publicly opposed the municipality’s proposed approximately R14.6 million purchase of five specialised water tankers, describing the financing arrangement as financially irresponsible.

The ANC responded by calling on KwaZulu-Natal Premier Thami Ntuli to remove Buthelezi from the Co-operative Governance portfolio, turning a municipal procurement disagreement into a wider dispute between partners in the provincial government.

Those disputes are separate from Siyabonga Ntuli’s disciplinary case.

They nevertheless illustrate the wider political and administrative instability surrounding the district as parties prepare for November’s election.

uMkhanyakude has also previously been subjected to provincial intervention following concerns over financial management and governance.

The intervention itself became politically contentious, with ANC figures accusing the IFP-controlled Co-operative Governance portfolio of political interference and the provincial government maintaining that its actions were based on administrative and financial problems.

Friday’s judgment means the municipality must now continue operating without Ntuli in his former senior-management role unless he obtains relief through another legal or labour process.

The unresolved review litigation will remain important because it could determine whether the disciplinary action and dismissal were lawfully instituted.

The municipality must simultaneously resolve its municipal-manager appointment process after the earlier High Court ruling invalidated its April appointments.

Those parallel disputes leave the administration’s senior leadership under continued legal scrutiny in the final two months before residents vote for a new council.

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