Former MMC for community development Kabelo Gwamanda has threatened legal action against City of Johannesburg council speaker, Nobuhle Mthembu.
Gwamanda argues unfair dismissal, claiming that he was neither notified nor granted an opportunity to respond to the allegations against him prior to his dismissal.
According to the letter, Gwamanda only knew of his dismissal through public platforms, as it was announced through a media statement from the office of the executive mayor, Dada Morero, without formal notification.
“This approach reflects a substantial procedural flaw, as it bypassed essential internal processes, including the referral to the ethics committee or the integrity commissioner, that should have been initiated before any public announcements or dismissals were made,” reads the letter in part.
He demands that the involved coalition partners and political parties be given a chance to resolve his dismissal politically so he could be reinstated.
He threatens additional legal action to address the procedural and substantive issues if this matter is not resolved by Thursday.
Atmosphere of hostility
Mthembu has also been accused of creating an atmosphere of hostility and bias against Gwamanda through a series of statements.
He said while these actions were presented as being in the interest of the council, they have unfairly singled him out and suggested a judgement on issues that are still unresolved, undermining his right to fair treatment and due process.
The letter further points out several instances in which Mthembu allegedly dragged Gwamanda’s name through the mud, including media interviews.
He alleges that Mthembu regularly referred to the allegations of fraud against him on public platforms.
“On 9 November 2024, a media release from the executive mayor’s office announced the immediate dismissal of our client from his role as MMC for community development.
“The release justified this decision as necessary to ensure uninterrupted service delivery and meet the needs of Johannesburg’s residents.
“While this administrative decision may be within the mayor’s discretion, the accompanying public narrative suggests that the dismissal was based on unsubstantiated allegations, further undermining our client’s rights to due process and presumption of innocence,” reads the letter.
Gwamanda’s reputation harmed
The letter claims that the continued public remarks about Gwamanda’s character have unjustly harmed his reputation and raised concerns about fairness in the council’s actions.
He also outlined rules that have been breached due to her actions, including Rule 156 emphasising confidentiality and non-disclosure, Rule 158 emphasising action for breach of council decorum, and Rule 155 emphasising limitations on statements regarding ongoing investigations.
Due to these instances and the breaches of council’s standing rules, he demands that statements made in political capacity be withdrawn, a commitment to cease further commentary, a review of potential conflict of interest in dual roles as an ActionSA chairperson and speaker of council, and a public apology, amongst others.
“In the event that the requested undertakings are not complied with on or before Thursday, 14 November 2024, at 8am, our client will have no alternative but to apply to the High Court of South Africa, Gauteng local division, for an interdict.
“Interdicting you from disclosing confidential information about our client and making defamatory allegations in regard to our client, which legal action will be taken at your cost.”
