Embattled ex-Joburg mayor, Kabelo Gwamanda threatens legal action as he seeks reinstatement! Former Johannesburg mayor Kabelo Gwamanda is threatening legal action against City of Johannesburg Speaker Nobuhle Mthembu after his removal as the Member of the Mayoral Committee (MMC) for Community Development.
Gwamanda’s lawyers argue that his dismissal lacked procedural fairness and was accompanied by public statements that unfairly cast him in a negative light.
Dismissal and Legal Threat
Gwamanda, who was recently suspended pending an internal investigation, was formally removed from office by Johannesburg Mayor Dada Morero on Sunday.
Mayor Morero explained that Kabelo Gwamanda’s removal was intended to ensure that the City’s community services would not be disrupted.
In response, Kabelo Gwamanda’s lawyers sent a letter on Tuesday to Speaker Nobuhle Mthembu, asserting that the dismissal process violated procedural fairness as outlined in Section 53 of the Municipal Structures Act. According to the letter, Gwamanda received no prior notice or opportunity to defend himself against the allegations.
Alleged Procedural Flaws and Lack of Due Process
The letter highlighted what Kabelo Gwamanda’s legal team described as significant procedural flaws. Gwamanda claims that his removal was announced to the public through a media statement issued by the mayor’s office without any formal notice to him or opportunity to address the charges.
The statement from his lawyers argues that this approach sidestepped the internal disciplinary channels, such as a referral to the City’s Ethics Committee or the Integrity Commissioner.
“Such actions reflect a substantial procedural flaw, bypassing essential internal processes,” the letter stated, adding that the dismissal process lacked transparency and fairness. His lawyers contend that the lack of adherence to the due process compromised Kabelo Gwamanda’s right to defend himself and tarnished his reputation.
Public Statements and Defamation Allegations
In addition to procedural complaints, Gwamanda’s lawyers allege that comments made by Speaker Mthembu in a recent television interview on Newzroom Afrika prejudiced the public’s perception of Gwamanda.
During the interview, Mthembu reportedly accused Kabelo Gwamanda of “scamming” the residents he was elected to represent. According to Gwamanda’s legal team, these statements directly implied criminal wrongdoing, even though no official verdict has been reached by the council’s Ethics Committee or any court.
The lawyers argue that Mthembu’s public remarks unfairly associated Gwamanda with criminal activity, presuming his guilt and damaging his public image.
They claim this has harmed Gwamanda’s reputation and potentially jeopardized his right to a fair process. The statement in the letter asserts, “The comments severely undermined our client’s presumption of innocence and tarnished his public image.”
Request for Public Apology
Gwamanda’s lawyers are now demanding that Mthembu issue a public apology to retract the “improper statements” that, they say, prejudged Gwamanda’s involvement in alleged criminal activity.
They argue that Mthembu’s comments unfairly influenced public opinion and contributed to a climate of hostility against Gwamanda. In addition, they assert that these statements were made without appropriate oversight or confirmation from either the council’s Ethics Committee or a court ruling.
Gwamanda’s legal team is pressing for a formal apology by Thursday. If Mthembu fails to meet this deadline, the former MMC’s lawyers have indicated they will escalate the matter by seeking relief in the Johannesburg High Court.
They aim to file an interdict to prevent Mthembu from making further statements that may implicate Gwamanda without legal justification or authority.
Broader Implications for City Governance
This legal dispute has broader implications for Johannesburg’s city governance, as it raises questions regarding the balance between accountability and adherence to due process within public office.
The city’s handling of allegations and disciplinary procedures will be scrutinized as it grapples with maintaining ethical standards and protecting officials’ rights.
Ongoing Fraud Case Against Gwamanda
The dismissal of Gwamanda comes amid an ongoing fraud case against him. Last month, the Johannesburg Magistrate’s Court granted the 39-year-old bail related to allegations of a fraudulent funeral policy scheme he allegedly ran in Soweto between 2011 and 2012.
Although Gwamanda maintains his innocence, the case has undoubtedly impacted his public image and has added complexity to his current legal issues with the city.
Looking Forward
Gwamanda’s legal team emphasized that their letter was not exhaustive of all grievances against Speaker Mthembu. They signaled that further actions might follow in an appropriate forum if necessary, stating, “Our client’s rights to fully deal with grievances against you in the appropriate forum are expressly reserved.”
As the deadline for Mthembu’s response approaches, the former mayor’s legal case may escalate, potentially bringing further scrutiny to Johannesburg’s administrative practices and the city’s adherence to procedural standards. Whether this matter will be resolved with a public apology or through judicial intervention remains to be seen.
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