The Democratic Alliance (DA) in Ugu wishes to warn Umdoni previous Municipal Manager, Thabile Ndlela, in appealing the Supreme Court of Appeal (SCA) Judgement.
This follows the unanimous judgement of the SCA in the matter of the Umdoni Municipality that attempted to violate the Constitution and the Municipal Structures Act by unlawfully rearranging the Executive Committee (EXCO) representation of the DA in favour of the ANC. This is wasting millions of rands of ratepayers’ money.
The SCA has upheld the findings of the High court and awarded costs against the appellants. It remains to be seen whether the arrogance of the ANC will prevail, should they choose to waste more time and public funds on a Constitutional Court Appeal. The cost to taxpayers, financially and in terms of forfeited services, does not concern them.
What has transpired since August 2022 in the Umdoni Council, paints a clear picture of how the ANC leadership and their cadres abuse their position and public funds to govern the municipality in the most perverse manner.
On the instructions of the ANC leadership, the incumbent Municipal Manager, Mrs Ndlela, with assistance from certain CoGTA officials, tabled a recommendation to the council to reallocate the DA’s EXCO seat (won by the DA based on the 2021 election results).
The ANC majority resolved to reallocate the seat and appointed an ANC councilor to fill the seat. In response the DA challenged the decision of the Umdoni Council in the High Court. The court found the Council’s actions to be unlawful and nullified the appointment. It went further to find that the MM egregiously breached her duties, and awarded a punitive cost order against her, jointly and severally with the other 7 appellants. Not satisfied, the ANC applied for leave to appeal, which was dismissed.
They then instructed the MM to petition the Supreme Court of Appeal. The appeal was heard and the court delivered its judgement on the 6th of May 2026.
They care only about controlling the public purse for reasons that national commissions are laying bare. Any attempt to separate them from access to public funds is fought in any way they can find, regardless of the legality involved.
The councilor they appointed illegally must repay the money he received as their illegally appointed “EXCO” member, in breach of the court order. The MM and appellants must repay the legal costs funded by taxpayers.
This is not good Governance. It is the opposite. Umdoni citizens need a Council that adheres to the rule of law as a fundamental principle to be applied rigorously. Such fruitless and wasteful expenditure must be avoided in favor of proper service delivery.