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• The City of Mbombela feels that the judge erred substantially in contextualising the facts and applying the law to the facts • Coghsta MEC, Speedy Mashilo, dropped a court application to rescind CFO Futhi Sibanyoni’s appointment but later reinstated • Judge said it was concerning that Mashilo chose to be reckless although he had unlimited exposure to legal advice both internally and externally

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Sizwe sama Yende

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The City of Mbombela is appealing a court judgement that orders councillors to pay legal costs from their own pockets after allowing Cooperative Governance, Human Settlements and Traditional Affairs (Coghsta) MEC, Speedy Mashilo, to “dictate” to them to fire a CFO.

The Mpumalanga High Court ordered the reinstatement of Ntombifuthi Sibanyoni on October 2 following back and forth litigation over three years. This judgement snubs the municipality’s investigation which found that Sibanyoni embellished her CV.

Mbombela mayor, Sibongile Makushe-Mazibuko investigated Sibanyoni after Mashilo’s predecessor, Mandla Msibi, said he had been alerted to misrepresentations on Sibanyoni’s CV. 

Msibi subsequently launched a court application to declare Sibanyoni’s appointment null and void, but he left the department before the case was concluded.

Mashilo withdrew Msibi’s application on October 29 2024, a year after he had replaced Msibi.

Six months later, Mashilo changed his mind.  He wrote to Makushe-Mazibuko on April 4 informing her that he was opposing Sibanyoni’s appointment due to misrepresentation on her CV.

POLITICAL MATTER

The dispute has been clouded in ANC factional battles in the Ehlanzeni region, which were evident in the run up to the regional conference in September.

City of Mbombela speaker, William Nkatha, has been standing by Sibanyoni, thwarting moves intended to expel the CFO. Nkatha contested the Ehlanzeni chairpersonship but lost to Safety, Security and Community Liaison MEC Jackie Macie. Makushe-Mazibuko and some councillors rooted for Macie.

Mashilo’s flip-flopping exacerbated matters. Mashilo advised Makushe-Mazibuko to table the matter before council Sibanyoni’s appointment to be rescinded within 30 days. The council terminated her five-year contract on April 30 - three years before expiry.

Makushe-Mazibuko said she would comment after the appeal had been lodged within 14 days. 

Mpumalanga Coghsta spokesperson, Freddy Ngobe, said that Mashilo would join the council on the appeal.

“The City of Mbombela feels that the judge erred substantially in contextualising the facts and applying the law to the facts,” Ngobe said.

REMOVAL BASED ON MALICE

Acting judge,  Maboku Mangena, ordered Makushe-Mazibuko and the councillors who rescinded Sibanyoni’s contract to pay legal costs. 

“[Makushe-Mazibuko] cajoled the speaker to convene a council meeting on 30 April 2025, where she surreptitiously sneaked in the report calling for the rescission of the decision taken in 2023 for the appointment of the CFO. The report was adopted by the council and brought to an end the appointment of the applicant as CFO, effective from 1 June 2025,” Mangena said.

He added that when Mashilo stopped litigating, the dispute should have ended.

“Ordinarily, this would have been the end of the ordeal for the applicant (Sibanyoni), but not in the Mbombela Municipality, which has become a feeding trough for avaricious politicians and businesspeople alike,” Mangena said.

“The withdrawal was a temporary reprieve as Mashilo was to strike again, and this time without notice to the applicant as to what led to the change in position. He owed her no explanation – after all, he is in charge. He is the MEC,” he added.

Mangena said that Makushe-Mazibuko and  councillors failed in their duties and allowed themselves to be dictated to by Mashilo. 

“They should all be liable for the costs on an attorney and client scale, jointly and severally liable, one paying the other to be absolved,” the judge said.

“It is concerning that an MEC with unlimited exposure to legal advice both internally and externally can choose to be so reckless in the execution of his duties and risk plunging the municipality into financial chaos. The removal of the CFO was, based on the facts before me, actuated by malice, sinister motives and desire to perpetuate illegality. It was not for a lawful purpose.”

JUDGEMENT ATTACKS MUNICIPAL SYSTEMS ACT

A source within Mbombela said the judgment was effectively finding fault with the Municipal Systems Act.

“This judgement challenges the Municipal Systems Act. It has always been believed that the MEC must concur with a council’s decision before a senior executive is appointed in a municipality,” the source said.

“Another problem is that it says councillors can be held personally liable for wrong decisions they take. Councillors will be afraid to take decisions.”

According to the Act, the council must, within 14 days of the date of appointment, inform the MEC of the “appointment process and outcome.”

 It further says that if a person is appointed in contravention of this Act, the MEC takes steps to enforce compliance including approaching the courts.

Mangena vindicated Msibi for acting on the allegations against Sibanyoni.

She however pointed out that the Act did not require an MEC to “concur” to appointment of senior managers.

“Nowhere does [the Act] use the word “concur”, nor does it give [the MEC] power to play any role in the appointment process,” Mangena said.