Dismissed City of Mbombela (CoM) chief financial officer, Delight Futhi Sibanyoni, may be reinstated to her position after the Mpumalanga Division of the High Court ruled in her favour in a judgment delivered today, Thursday, October 2.

The CoM terminated Sibanyoni’s appointment on April 30 after she was accused of having misrepresented herself in her curriculum vitae (CV) when she was appointed as CFO with effect from February 1, 2023.

The contract that she had was valid for a period of five years, until January 31, 2028.

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Her appointment had not been without difficulties as she had gone through a rough patch that included several accusations against her as well as a suspension.

In April, while suspended and before her dismissal, Sibanyoni alleged returned to her office at the CoM with men armed with AK47 automatic assault rifles. She profusely denied that this occurred.

The standoff between the CoM and Sibanyoni dates back to her early months of appointment when the former MEC for co-operative governance and traditional affairs, Mandla Msibi, told the municipality that he did not agree with her appointment.

Msibi directed the municipal council to investigate allegations that Sibanyoni had misrepresented herself in her CV.

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After the termination of her appointment, Sibanyoni approached the Mpumalanga Division of the High Court for an urgent relief, challenging the lawfulness of her dismissal.

Acting Judge AJ Mangena ruled in favour of the applicant (Sibanyoni) after finding that her dismissal was unlawful.

“Those with power instigated the termination of her appointment, and the municipal council succumbed to the pressure on April 30 and summarily terminated her contract. She approached this court for urgent relief, challenging the lawfulness of the decision of the council and its instigators,” Mangena said in the judgment that Lowvelder has seen.

“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. It follows that the application should succeed, and the resolution of the municipal council of the CoM dated April 30 is declared unlawful and set aside,” added the judge.

The CoM spokesperson, Joseph Ngala, referred Mpumalanga News to either the executive mayor, Makushe Mazibuko, or the City manager, Wiseman Khumalo.

Khumalo said the CoM planned to appeal the judgment.

Sibanyoni had not responded to a media enquiry sent to her on WhatsApp at the time of publication.

This is a developing story and more information will be published as and when it becomes available.