The dismissed chief financial officer (CFO) of the City of Mbombela (CoM), Delight Futhi Sibanyoni, has won her job back after the Mpumalanga Division of the High Court ruled in her favour on Thursday, October 2.

Acting judge Maboku Mangena delivered a scathing judgment against the CoM, its speaker, mayor, manager and the MEC for co-operative governance, human settlements and traditional affairs (Coghsta), Speed Mashilo.

The judgment’s introduction outlines the timeline of Sibanyoni’s appointment as CFO. Her five-year contract with the CoM was effective from February 1, 2023, to January 31, 2028.

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“The appointment has not been without difficulty, as the facts below will demonstrate. Those with power instigated the termination of her appointment, and the municipal council of the CoM succumbed to the pressure on April 30, 2025, and summarily terminated her contract,” the judgment reads. “She approached this court for urgent relief, challenging the lawfulness of the decision of the council and its instigators.”

In his assessment of the matter’s background, the judge acknowledged that the CoM had advertised the position of CFO, while Sibanyoni was serving in an acting capacity in the same role.

The advertised post’s requirements included a BA in the fields of accounting, financial management, economics or chartered accountancy; a valid driver’s licence; no criminal record; and five years of experience at the middle management level.

Sibanyoni applied for the position and went through all recruitment processes before the CoM council confirmed her appointment on January 31, 2023.

The council complied with the Local Government Municipal Systems Act by informing the then MEC for co-operative governance and traditional affairs, Mandla Msibi, of the appointment.

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On April 12, 2023, Msibi sent a letter to the CoM’s executive mayor, claiming to have received allegations of misrepresentation on Sibanyoni’s CV.

He requested that an investigation be launched into the matter, and that the findings be submitted to his office by April 18, 2023.

“Acting on the dictates of the MEC, the executive mayor conducted the investigation,” adds the judgment.

Three months later, Msibi notified the CoM that he took issue with Sibanyoni’s appointment, based on the alleged misrepresentation.

He directed the CoM to rescind its decision on the hiring of the CFO, and to give him a report to that effect within 30 days.

Adv Twain Ngwenya, Delight Futhi Sibanyoni and her body guards. > Photo: Riot Hlatshwayo

The speaker did not support the request, as the timeframe permitted for indicating any contravention of law had lapsed.

Msibi then approached the high court and instituted legal proceedings against the CoM, executive mayor, municipal manager, municipal council, speaker and Sibanyoni. His application sought a court order that would nullify her appointment.

Sibanyoni filed opposing documents in which she disclosed a personal relationship between herself and Msibi, which began in 2016 – when she held the position of speaker of the council – and ended in 2018.

The documents suggested that he was “actuated by malice and vindictiveness.”

“Msibi is accordingly using his official power to settle personal scores and is determined to derail [Sibanyoni’s] career progress whenever he can,” the judgment reads.

In February 2024, Msibi was removed from his position as MEC for Coghsta after being accused of undermining President Cyril Ramaphosa. He was replaced by Speed Mashilo, who withdrew the court application on October 29, 2024.

“The withdrawal was a temporary reprieve, as Mashilo was to strike again, this time without notifying the applicant of what had led to the change in position,” the judgment further reads.

Sibanyoni was subsequently dismissed on April 30, prompting her to take urgent legal action in the high court, which ultimately ruled in her favour. She declined to comment and referred Lowvelder to her lawyer, Adv Twain Ngwenya, who also opted not to comment beyond the court judgment.

Coghsta spokesperson Freddy Ngobe acknowledged the court ruling and said, “The CoM strongly feels that the judge erred substantially in contextualising the facts and applying the law to those facts.”

He added that the CoM is appealing the judgment as the first respondent, and that Coghsta will join the matter.