Former Joburg mayor Kabelo Gwamanda. Picture: The Citizen
Fraud-accused MMC Kabelo Gwamanda is wrong to shrug off public participation. It is a constitutional requirement backed by laws and policies.
Before his arrest, Gwamanda, then in charge of public participation over the proposed renaming of Sandton Drive, addressed media who were invited to witness the arrival of bulk submissions supporting renaming.
No such reception was arranged for submissions opposed to renaming.
In the Sandton Chronicle on 16 October, he said the renaming was budgeted for and would happen once due processes had been followed.
“Public participation is for measuring the impact it has on society, but the city has, ultimately, decided on the renaming,” Gwamanda said. “Look, public participation is a mandatory process; but it would have been a decision that has already been taken.”
ALSO READ: VIEW OF THE WEEK: Part-time pawn Gwamanda isn’t the victim, Joburg residents are
Wrong. The 2018 council resolution said the renaming must be done in accordance with the city’s policy, which includes public participation.
Never mind that the city is deviating from its own policy (The Citizen, 16 October), council did not give approval to rename Sandton Drive, regardless of the outcome of public participation. That would have been unlawful.
It would undermine participatory democracy as enshrined in the 1996 constitution and given expression in the 1998 White Paper on Local Government, plus the Municipal Structures Act and the Municipal Systems Act.
Disregard for public participation violates the Promotion of Administrative Justice Act that protects the public from unlawful, unreasonable and procedurally unfair decisions.
Such disregard also ignores the Batho Pele (“people first”) principles.
ALSO READ: Vetting flaws exposed as Gwamanda’s appointment questioned
Gwamanda’s attitude mocks the Public Service Association’s values and principles, which promote public participation.
His remarks are an affront to our constitutional democracy. The fully paid “special leave” he was granted following his arrest for fraud is anomalous.
Mayor Dada Morero has authority to dismiss him from the mayoral committee without breaking any labour laws. And speaker Nobuhle Mthembu is wrong to skirt the matter, saying the relevant events happened outside of Gwamanda’s term of office.
Two months ago, Mthembu said: “We will instil a culture of accountability and transparency, where, at every turn, we will work together to ensure that the best interests of our residents anchor our efforts.”
This is not happening. She should at least refer Gwamanda to the Gauteng MEC for local government.
On the subject of potential fraud, three councillors have written to the mayor and city manager asking for an audit of all submissions during the Sandton Drive renaming process.
This after thousands of submissions were made bearing names and signatures but without any accompanying critical information such as physical address, e-mail address, phone number, identity number or date of birth.
“Given the lack of traceable details for these signatories, we contend that such submissions should be considered invalid.”
The original motion to rename Sandton Drive was seconded by ANC councillor Eunice Mgcina. She is now acting MMC for community development, responsible for overseeing street renaming.
Will she respect the public participation process?
NOW READ: Fuming Mashaba: ANC won’t take my call on Gwamanda
Download our app and read this and other great stories on the move. Available for Android and iOS.
