Mawonga and Another v Walter Sisulu Local Municipality and Others

Mr Thembinkosi Mawonga was appointed municipal manager in 2007 on a five-year fixed-term contract. His contract was renewed in 2012 for another five years and again in 2017 for four years with an option of a fifth year, which would have resulted in a total tenure of about 15 years. After the promulgation of the Municipal Systems Amendment Act 7 of 2011, which introduced s 54A requiring a nationally competitive process once the post of municipal manager becomes vacant, the MEC instructed municipalities to rescind renewals not compliant with s 54A. The Walter Sisulu Local Municipality subsequently rescinded Mawonga’s 2017 renewal and advertised the post nationally. Mawonga challenged the rescission and termination of his employment, while the MEC counter-applied to have the 2017 renewal declared null and void.

The appeal was dismissed with costs. The 2017 renewal of the appellant’s employment contract was confirmed to be null and void, and the post of municipal manager was required to be filled through a nationally competitive process.

The case authoritatively clarifies that a municipal manager’s contract cannot be renewed or extended beyond the statutory maximum of five years and that any further appointment must comply with the nationally competitive procedures in s 54A. It strengthens oversight over municipal appointments and curbs the practice of rolling renewals that undermine transparency, accountability, and professionalisation in local government.