The Mkhanyakude District Municipality is set for a legal showdown with the KwaZulu-Natal provincial government after Cooperative Governance MEC Thulasizwe Buthelezi announced the reinstatement of administration over the embattled municipality—just months after a five-year administration period ended in February.
The decision, declared on Monday, has been met with fierce opposition from the municipality’s leadership, with Speaker Solomon Mkhombo branding it “unprocedural” and a violation of elected officials’ constitutional authority. Mambo has vowed to approach the High Court to block the intervention.
Dispute Over Legality
In an interview Mkhombo argued that the provincial government bypassed mandatory steps outlined in the Constitution before invoking Section 139(1)(b), which allows for administration.
“We should have first been supported under Section 154 (support and capacity-building) or given directives under Section 139(1)(a) before a full takeover,” Mkhombo stated. “The MEC has grossly undermined our rights as an elected structure.”
He claimed the municipality had resolved key issues that initially triggered administration, including appointing senior managers, reducing irregular expenditure from R6 billion to R1.8 billion, and improving water delivery. Statistics SA data, he said, shows 70-80% of residents now have access to running water.
Allegations of Political Motives
The move has sparked accusations of political interference ahead of the 2026 local government elections. Mambo alleged that the MEC—a member of the Inkatha Freedom Party (IFP)—was targeting the ANC-led municipality while ignoring governance crises in IFP-controlled councils.
“The MEC is disguising political ambitions behind service delivery issues,” Mambo said, citing financial collapses in IFP-run municipalities like Jozini.
Water Tanker Controversy
The announcement followed protests over water shortages, with the MEC claiming Mkhombo ordered water tankers to barricade municipal entrances to obstruct the intervention. Mkhombo denied the allegation, calling it a “distraction” from the province’s flawed process.
What’s Next?
With Mkhombo preparing court papers, the dispute highlights tensions between local and provincial governance. Critics argue repeated interventions signal systemic failures, while the municipality insists it has met recovery benchmarks.
The High Court’s ruling could set a precedent for how Section 139 interventions are applied—and whether Mkhanyakude’s elected officials will retain control or face another protracted administration.
