delivered a ruling on May 24 that the board, which was disbanded by Mchunu in March 2022, be reinstated with immediate effect.The affected board members, deputy chairperson Buhle Tonise, Zama Xalisa, Mxolisi Sikhosana, Tabisa Wana and Nkosazana Jongilanga, challenged Mchunu’s decision to disband them in March 2022.
In his letter to the applicants, the judgment stated that Mchunu indicated that governance challenges and alleged misconduct by some members had the potential of subjecting the board to disrepute. Makgae allegedly taking unilateral decisions on issues affecting the board, some of which were said to be in direct conflict with decisions already taken by the board;Tonise giving notice that she would be calling a special board meeting to discuss the appointment of a CEO, the Special Investigating Unit report that had recently been published, and demands made by the SA Municipal Workers' Union; andIn the judgment, Beshe stated that the applicants did not deny that challenges existed.
She stated that applicants also contended that Mchunu’s decision was flawed because his actions were drastic. None of them were accused of any misconduct or informed of such or given an opportunity to respond. Few of them appeared to be involved in alleged governance challenges and that did not justify adverse decisions against all of them.Beshe stated that Mchunu outlined that most of the allegations were received against Tonise and Xalisa, which included the unauthorised use of a car.