The high court in Pietermaritzburg has set aside the dissolution of the board of Umgeni Water Amanzi and the appointment of an interim board by then water and sanitation minister Lindiwe Sisulu on the grounds that the decision was unlawful and irrational.
Last year Sisulu — who is now the tourism minister — dissolved the board along with those of a number of other housing and water entities after she was appointed to the water and sanitation portfolio in 2019 on the basis that its appointment by her predecessor,Sisulu replaced the board with an interim one, headed by former ANC Youth League leader
The former chief executive officer, Thami Hlongwa, resigned on the eve of the tabling of a forensic investigation into contracts awarded to companies owned by tenderpreneur Sibonelo Shinga, who was murdered last year. “There is also no provision in the Water Services Act for the appointment of an interim board. The appointment of the interim board was also not approved by cabinet and such appointments must therefore be set aside,” the judgment reads.
Sisulu, the court ruled, did not have an “absolute right without any resource” to appoint or remove boards at whim. “Umgeni is on the record as stating that it will unreservedly accept the high court’s judgment on the matter.
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