Sisulu’s decision irrational – court
Judge sets aside disbandment of board
The fight over the control of Umgeni Water, Kwazulu-natal’s largest supplier of bulk potable water, took another twist on Thursday after the Kwazulu-natal High Court set aside the decision by erstwhile minister of human settlements, water and sanitation Lindiwe Sisulu to disband the board of the entity last year.
Sisulu dissolved the board on July 31, arguing its members had been appointed irregularly by her predecessor, Gugile Nkwinti, who extended their term by four years in May 2019.
At the heart of Sisulu’s argument was that Nkwinti did not seek cabinet approval before appointing the board.
The sacked board included Visvin Reddy, Siboniso Shabalala and Mbali Ndlovu. Sisulu then appointed former ANC Youth League leader Magasela Mzobe to chair the interim board.
However, Reddy and other nine board members legally challenged the decision. They claimed that Sisulu could not willy-nilly appoint and terminate boards – an argument the court affirmed in its decision.
Judge J Bezuidenhout ruled that Sisulu’s decision was irrational as the interim board did not get cabinet approval as well.
“There is no requirement in the Water Services Act that the appointment of board members has to be approved by cabinet. It is only referred to in Ministerial Handbook,” ruled Bezuindenhout, before setting aside Sisulu’s decision.
Sisulu has moved to head the Department of Tourism in the August cabinet reshuffle.
At the time, President Cyril Ramaphosa announced that the Department of Human Settlements, Water and Sanitation would be split in two. Former KZN premier Senzo Mchunu is now the minister of water and sanitation.
Mzobe said: “We will leave the judgment with the minister and I’m sure he will communicate his decision by next week. As an interim water board, we are continuing with our work of cleaning of Umngeni and ensuring that water is delivered effectively to the people.”
Sunday World understands that bad blood was developing between Mzobe and Mchunu after the former “snubbed” the minister when he inspected a water project in Umsunduzi. Mzobe denied the allegation. Umgeni Water has also recently lost its boss after Nomalungelo Mkhize last week tendered her resignation as acting CEO and CFO. Sandile Dube, executive: operations at Umgeni Water, was appointed acting CEO of the entity.