CAPE TOWN — The Democratic Alliance (DA) has filed an urgent application in the Western Cape High Court to have the appointment of Xolile George as Secretary to Parliament declared unlawful, invalid, and set aside. The legal challenge centers on allegations of a procured recruitment process and a controversial 70% salary increase, which ballooned his remuneration from R2.6 million to R4.4 million within months of him assuming the role.
In the court papers, DA Parliamentary Leader and Chief Whip George Michalakis raises serious concerns regarding the procedural integrity of the appointment. The DA contends that the executive authority misled lawmakers into endorsing the appointment under the false premise that the salary package would remain at the originally advertised rate, while deliberately excluding more qualified candidates from the final selection.
DA Member of Parliament Rikus Badenhorst outlined the timeline of irregularities surrounding the recruitment. The position was initially advertised in early 2020, but the process was interrupted by the COVID-19 pandemic. After resuming in October 2020, an interview panel in March 2021 ranked George as the highest-scoring candidate. However, by March 2022, when the executive authority suggested a package of approximately R3.2 million, the human resources division advised that this would constitute unauthorized expenditure, as it exceeded the approved salary level. The panel consequently concluded that Parliament could not afford the candidate and recommended restarting the recruitment process.
When the process was formally restarted in March 2022, the position was readvertised at an approved salary range of R2.4 million to R2.6 million. During this legitimate public recruitment round, 81 candidates applied, and nine were shortlisted. Crucially, George did not apply for the position during this specific cycle.
According to Badenhorst, the irregularity escalated in April 2022 when HR presented the shortlist of nine candidates to the executive authority—comprising the former National Assembly Speaker Nosiviwe Mapisa-Nqakula and the former National Council of Provinces Chairperson Amos Masondo. HR reportedly indicated that George was now available to accept the R2.6 million salary and recommended that the readvertised process be withdrawn. The public recruitment process was subsequently halted after it had already closed, and George was appointed a month later. Political parties were then made to believe, during the endorsement vote, that his salary would be capped at the R2.6 million mark.
The DA’s internal opposition to the appointment began in November 2023, when the then-chief whip wrote to the deputy speaker requesting that the matter be referred to the Powers and Privileges Committee. By March 2024, the committee’s initiator found a *prima facie* case warranting a formal investigation and hearing into George’s appointment, confirming the DA’s long-standing assertions that the former speaker had misled the assembly.
On April 18, 2024, the DA publicly announced it had tabled a motion to establish an ad hoc joint committee to investigate the salary details. Although this motion lapsed following the 2024 general elections, the DA subsequently obtained additional documentary proof. Throughout May and June 2025, and continuing into this year, the party pursued the matter relentlessly in the joint committee on financial management of Parliament.
Badenhorst noted that the DA has also lodged formal complaints with the Public Protector and the President, calling for the Special Investigating Unit (SIU) to investigate the appointment. Frustrations peaked recently when Badenhorst reported the chairpersons of the joint committee to the Powers and Privileges Committee for failing to release pertinent documents. During a March 2026 meeting, a file containing purported evidence that the appointment was lawful was produced. The DA’s request to retain the file was denied under the guise of the Promotion of Access to Information Act (PAIA). An agreement was reached to redact PAIA-sensitive information and return the file to committee members immediately thereafter, but the documents have still not been provided, leaving MPs unable to properly scrutinize the matter.
“We have been consistently opposed to this irregular appointment,” Badenhorst stated. “They are leaving MPs in the lurch here, and it is their duty not to stand in our way to follow up on these processes.”
The DA is seeking specific remedies from the Western Cape High Court. Primarily, the party wants the court to declare the appointment unlawful and set it aside. However, they have requested that this declaration of invalidity be suspended for a limited period to allow Parliament the opportunity to appoint a new Secretary through a lawful process. During this interim period, the DA argues that George should only be remunerated at the originally advertised rate of R2.6 million. Should the court decline to set aside the appointment entirely, the DA will alternatively request a judicial review to roll back George’s salary to the advertised R2.6 million rate.
Highlighting the core of the financial grievance, Badenhorst emphasized the unprecedented nature of the remuneration spike. “He got a 70% increase within a couple of months after being appointed, and that is irregular. It doesn’t happen anywhere else. Why should it happen in Parliament?”