A view of the Umzimvubu River in Port St Johns, Eastern Cape, where the High Court has ordered the reinstatement of Municipal Manager Mluleki Fihlani following a successful court challenge to his suspension.
The Eastern Cape High Court has ordered Port St Johns Local Municipality to reinstate its municipal manager, Mluleki Fihlani, after finding that the council unlawfully extended his precautionary suspension and then attempted to justify its actions with arguments that the judge described as "brazenly disingenuous" and a "seriously shocking disregard for the rule of law."
In a judgment delivered on July 8, with implications for municipalities across South Africa, Judge MS Jolwana also dismissed the municipality's constitutional challenge to Regulation 6(6) of the Local Government: Disciplinary Regulations for Senior Managers, ruling that councils cannot simply extend precautionary suspensions beyond three months if disciplinary hearings have not commenced.
Fihlani, who was appointed municipal manager in January 2023, was suspended on November 22, 2024, pending an investigation into allegations of serious misconduct relating to the appointment of a senior manager for engineering services. After the investigation was completed, the municipal council resolved on January 22, 2025, to extend his suspension until the conclusion of his disciplinary hearing.
