ActionSA KZN Chairperson Zwakele Mncwango and the Democratic Alliance are locked in a heated legal dispute over which party initiated a service delivery lawsuit against the eThekwini Municipality.. Picture: Tumi Pakkies/ANA
ActionSA has criticised the Democratic Alliance (DA), accusing it of attempting to score cheap political points in eThekwini.
The DA has responded, claiming ActionSA is employing "MK tactics."
At the heart of the dispute between the two party leaders in KwaZulu-Natal is a legal battle against the eThekwini Municipality over service delivery—and which party was the first to take the municipality to court.
"Our case against eThekwini began in 2022, when we took them and seven ministries to court. We asked the court to issue an order ensuring that all these government authorities, even at a national level, are compelled to uphold their constitutional obligations to citizens. Our case was delayed as the city requested mediation, played for time, and eventually, our court files were lost when we returned to court last month," ActionSA’s KwaZulu-Natal leader, Zwakele Mncwango, told IOL.
"The judge then instructed that both our case and the DA's subsequent challenge against eThekwini be combined and heard on the same day next month. So, this announcement from the DA that it is the only party taking eThekwini to court over service delivery is completely false. We initiated this in 2022. Their KwaZulu-Natal leader, Dean Macpherson, clearly doesn’t understand their own lawyer’s letter, which was sent to us confirming that our cases would be joined. That’s the problem when you come into government with only a matric certificate, like Dean. Sometimes you fail to read properly," Mncwango said.
Macpherson, however, was unfazed by Mncwango’s remarks.
"We started our action against eThekwini around January 2023. The exact date is irrelevant because the quality of their case is so poor that they had to keep filing affidavits, while we stuck to the legislative violations committed by eThekwini. I wouldn’t hire ActionSA’s lawyer to represent someone in an uncontested divorce. They are mediocre lawyers who can’t even secure a trial date. I hope ActionSA isn’t paying them because they should ask for a refund if they are," Macpherson retorted when approached for comment.
Mncwango also questioned the DA's logic in taking its own ministers to court.
"The DA holds key positions in the departments cited in its own court papers. Does this mean the DA has no influence in the GNU cabinet?" Mncwango asked in response.
The future of who will govern eThekwini remains uncertain, as the DA and the African National Congress (ANC) have yet to reach an agreement on co-governance—leaving the door open for other parties to potentially form a deal with the ANC in this key metro.
The battle for eThekwini is seen as a precursor to the 2026 local government election campaign. The metro is a powerhouse in KwaZulu-Natal and often plays a kingmaker role in national politics. It contributes 9.59% to the national GDP and 59.88%—R468 billion—to the provincial economy.
However, the DA says it would rather be in opposition in eThekwini than compromise on its principles.
"The DA remains unable to take up any positions in the eThekwini municipality due to the ANC's unwillingness to agree to our draft court order, which would grant us the power and ability to resolve the city’s water and sanitation crisis. We also cannot govern while the EFF holds the chairpersonship of the municipal public accounts committee, as we refuse to share governance with them," Macpherson said.
IOL