KwaZulu-Natal Premier Thami Ntuli has been given 15 days to indicate whether he intends to oppose the application and 30 days to file answering affidavits with the Pietermaritzburg High Court over his disputed appointment of Public Works and Infrastructure head of department (HOD).
Image: SIBONELO NGCOBO Independent Newspapers
KwaZulu-Natal Premier Thami Ntuli has been asked to submit electronic recordings, minutes and transcripts of the shortlisting meeting for the Head of Department (HOD) of Public Works and Infrastructure to the Pietermaritzburg High Court.
The request forms part of a notice of motion filed by Dr Thulani Mdadane, the former Gauteng Roads and Transport HOD, who alleges that Ntuli improperly disregarded the selection committee’s recommendation to appoint him.
Mdadane claims that Ntuli instead appointed Dr Vish Govender as HOD, allegedly on the basis that Govender’s appointment would improve alignment with provincial employment equity targets at top management level and ensure compatibility with the department’s MEC, Martin Meyer.
In his application, Mdadane is seeking an order setting aside Govender’s appointment. He cites the Premier of KwaZulu-Natal as the first respondent, the MEC for Public Works and Infrastructure as the second respondent, and Govender as the third respondent.
The second and third respondents are cited as interested parties. However, Mdadane indicates that should they oppose the application, he will seek a costs order against them.
Mdadane argues that while the premier has executive authority to headhunt a candidate if he disagrees with the selection committee, such a decision must be supported by written reasons.
He maintains that Ntuli failed to provide those reasons. “I have not been furnished with the first respondent’s reasons for rejecting my appointment, but I am informed that it has nothing to do with my suitability for the post. In fact, it appears he accepts that I am the most suitable candidate,” Mdadane states in his affidavit.
According to court papers, the selection committee — which included KZN MECs for Transport and Human Settlement Siboniso Duma, Social Development Mbali Shinga and Francois Rodgers for Finance, with Meyer as chairperson — found Mdadane to be the most suitable candidate.
The papers further allege that Govender became aware of the outcome of the selection process in late 2025 and was dissatisfied.
“I am made aware that, sometime in November or December 2025, Govender somehow became aware of the outcome of the selection process and made contact with the second respondent and thereafter the Office of the Premier, expressing his dissatisfaction with the outcome while maligning me in the process.”
This, he argues, led to informal discussions between Ntuli and Meyer, culminating in the premier setting aside the committee’s recommendation.
Mdadane also raises concerns about the legality of Govender’s appointment, noting that Govender is facing a criminal complaint related to alleged corruption and fraud during his tenure as acting municipal manager of Newcastle Municipality.
He further claims that Ntuli indicated he was unaware of these allegations when appointing Govender in an acting capacity.
Mdadane has undertaken to file a supplementary affidavit detailing why he believes the appointment is “illegal and unsustainable”.
The premier has been given 15 days to indicate whether he intends to oppose the application and 30 days to file answering affidavits with the High Court.