Disciplinary processes against three suspended senior officials at the KwaDukuza municipality (KDM) will continue after the Labour Court dismissed their urgent applications challenging the suspensions.

The trio of municipal manager Nhlanhla Mdakane, civils executive director Thembela Nxumalo and corporate services executive director Pamela Mntaka have been on precautionary suspension since a February 13 council decision.

According to KDM mayor Siduduzo Gumede, the officials approached the Labour Court on an urgent basis to challenge the decision.

He said the first application was struck off the roll due to defects in the papers submitted, before a second application was dismissed for failing to demonstrate urgency. The court ordered the officials to pay the municipality’s legal costs.

“In the course of delivering the ruling in the second matter, the presiding judge remarked that, even if the matter had been entertained as urgent, the application would likely not have succeeded on the merits,” said Gumede.

However, because the case was dismissed on urgency grounds, no formal ruling was made on the substance of the dispute.

“We respect the right of any employee to approach the courts. At the same time, the municipality remains committed to ensuring accountability, good governance and the proper management of municipal resources,” he said.

The trio of suspensions stems from a Section 106 investigation initiated by the KwaZulu-Natal MEC for Co-operative Governance and Traditional Affairs, Thulasizwe Buthelezi, in March 2025.

The forensic report identified weaknesses in governance, financial management, procurement systems and project oversight. It also raised concerns about the safeguarding of municipal resources.

“The suspensions do not constitute findings of guilt but were implemented to allow the necessary investigations and disciplinary proceedings to continue in an orderly and unhindered manner,” said Gumede.

Council has since adopted a plan to strengthen internal controls, improve financial oversight and implement corrective administrative measures.

Gumede said the report also included findings on certain councillors, which will be addressed through the applicable statutory processes governing councillors.

“In addition, the report recommended that the municipality consider further steps, such as civil recovery and other remedial measures where warranted.”

“The municipality will provide further updates at the appropriate time.”

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