Silent in Council, vocal in court: questioning the DA's eThekwini legal challenge
ACTION SA councilllor and caucus leader, Zwakele Mncwango
Image: File
The Democratic Alliance has now filed court papers challenging the appointment process of three executive directors in the eThekwini Municipality.
While I have not yet seen their sworn affidavits, media reports suggest that the party is questioning procedural irregularities in the recruitment and appointment process. The DA has every right to approach the courts, and the merits of their case will be tested there. That is not the issue.
What is surprising is that these concerns are being raised after the appointments were approved in a full Council sitting where DA councillors were present and fully participated.
On the day of the meeting, the DA did not raise a single concern about irregularities. They did not warn Council that the process might be flawed or unlawful. Even more curious is that the DA, which routinely votes against a majority of items in Council meetings, did not support these appointments either, yet offered no explanation, no objection, and no indication that they believed the process itself was irregular.
Their silence was consistent with their usual voting pattern; nothing unusual occurred during that meeting. In fact, the DA did not speak at all on two of the appointments, and on the third they only commented on the individual’s performance, not the legality of the process.
No point of order was raised, no procedural challenge was lodged, and no attempt was made to alert the Council to any unlawful conduct.
This contradiction raises an important question: If the DA believed the process was flawed, why did they say nothing at the time when the decision was taken?
The DA also sits on the Executive Committee, where these appointments were first processed before reaching Council. They had access to all the relevant documentation and discussions.
If they were aware of any irregularities, the ethical and responsible approach would have been to raise them immediately so that Council could act before making a final decision.
Their silence in both EXCO and Council leaves two possibilities:
1. Either all DA councillors failed to detect the alleged irregularities during the process, or
2. They only obtained this information after the decision was made, which raises questions about diligence and internal communication within the party.
This now leads to a legitimate question: Is the court action motivated by genuine governance concerns, or is it part of a broader political campaign carried out outside the Council chambers?The courts may very well rule in the DA’s favour; and that is for the judiciary to determine.
But the public deserves to understand why a party that participated in the process, did not object in EXCO or Council, and did not raise any procedural alarm at the time, is only now taking the matter to court.
eThekwini residents expect transparency, vigilance and honesty from all political parties. Raising concerns before decisions are made, not after the fact, is fundamental to ethical governance.
(Mncwango is an Action SA councillor and caucus leader. His views do not necessarily reflect those of the Sunday Tribune or IOL)