Delight Ntombifuthi Sibanyoni, whose contract termination as CFO is on appeal after the City of Mbombela (CoM) lost a High Court application in her favour, has successfully barred the municipality from appointing a new CFO.

The urgent court order delivered by Acting Judge Kgama Shai in Mbombela on September 23 prevents the municipality from convening, proceeding with, or taking any resolution at a special council meeting to appoint a CFO pending the final determination of the appeal, including any appeal to the Constitutional Court.

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The order also prohibits the council from appointing any person as CFO unless directed by a court order and orders the respondents to pay costs on a party-and-party scale.

Sibanyoni’s latest application cites Executive Mayor Sibongile Makushe-Mazibuko, City Manager Wiseman Khumalo, the CoM council, the council speaker, acting CFO Sabelo Dube, and Cooperative Governance, Human Settlements and Traditional Affairs MEC Speed Mashilo as respondents.

Dispute reaches Supreme Court of Appeal

Sibanyoni was appointed on January 31, 2023, for a five-year term starting February 1 of the same year and ending on January 31, 2028. The council resolved to terminate her contract on April 30, 2025.

After Acting Judge Hermann Fourie initially struck her urgent application off the roll on May 13, 2025, Acting Judge Maboku Mangena heard the matter on September 9, 2025, setting aside the termination resolution.

The court dismissed an application by the CoM for leave to appeal with costs on December 3, 2025, but the Supreme Court of Appeal granted leave on April 14, 2026, with pending appeals set down to be heard on November 14, 2026.

Council calls virtual meeting at short notice

Sibanyoni accidentally received notice on September 22 of a special council meeting scheduled for 15:00 the following day, for the appointment of a new CFO.

Her attorneys requested an undertaking by 14:00 on September 22 to halt recruitment, but WS Nkosi Attorneys Inc (for the CoM) declined after 16:00, arguing Sibanyoni had exited the municipal system.

Sibanyoni stated she completed exit forms only to access unpaid leave and pension after her termination, noting that the council would not be pursuing its appeal if it believed she had resigned.

She contended the proposed appointment breached Standing Order 14.2 of council rules, which requires 48 hours’ notice for urgent meetings, and Standing Order 7(3) by holding the meeting virtually.

Acting tenure exceeds legal limit

Under Section 18(3) of the Superior Courts Act, Sibanyoni argued exceptional circumstances existed, as the municipality, with an annual budget exceeding R1 billion, has operated without a permanent CFO since April 30, 2025.

She highlighted that Dube’s acting tenure exceeded the maximum period permitted under Section 56(1)(a)(ii)(c) of the Local Government: Municipal Systems Act 32 of 2000, as amended, which limits acting roles to three months plus a maximum three-month extension.

She sought an order declaring Dube’s continued acting appointment as unlawful, or alternatively an interdict stopping the September 23, 2026, meeting pending finalisation of the appeal, along with punitive legal costs.

CoM spokesperson Joseph Ngala told Lowveld Media that the municipality acknowledged the judgment and has abided by it.