Durban
The eThekwini Municipality faces potential contempt of court after failing to reinstate a senior investigator dismissed over the Durban Solid Waste corruption probe. The Labour Court will determine whether officials, including City Manager Musa Mbhele, violated judicial orders, raising concerns about municipal accountability.
The eThekwini Municipality is facing a potential contempt of court charge after failing to comply with a Labour Court ruling to reinstate a senior investigator, raising concerns about accountability and governance within local government.
The case revolves around the municipality’s handling of the investigator, who was dismissed in December 2024 following allegations of misconduct linked to a forensic contract investigating irregularities in the Durban Solid Waste (DSW) tender process. This investigation led to the arrest of former eThekwini Mayor Zandile Gumede and 21 others.
The Labour Court previously found that the dismissal was unlawful and ordered the investigator to be reinstated on August 18, 2025. Despite this, the municipality has not complied, prompting the court to summon the city, City Manager Musa Mbhele, and other officials, including disciplinary chairperson Sabelo Mchunu, to appear in November to explain their actions.
Experts warn that the case highlights a broader issue within South African municipalities: the challenge of enforcing accountability and protecting whistle-blowers within bureaucratic systems. The senior investigator had sought independent arbitration through the South African Local Government Bargaining Council after the municipality disregarded procedural guidelines, but internal processes proceeded anyway, culminating in his dismissal.
Legal analysts say the court’s scrutiny could set a precedent for municipal compliance with judicial rulings, with potential penalties ranging from fines to incarceration for officials found in contempt. The situation underscores the tension between political interests, bureaucratic processes, and the enforcement of transparency and integrity in public institutions.
“This is not just about one individual,” said a governance expert. “It is about ensuring that local government operates within the rule of law and that state officials are held accountable for their actions, particularly when investigations expose corruption.”
As the Labour Court hearing approaches, public attention is focused on whether eThekwini Municipality will uphold judicial authority or risk being penalised for ignoring it. The outcome could have far-reaching implications for public sector accountability in South Africa.
