The City of Johannesburg’s ombudsman’s legal battle with the council has been taken up with the Office of the President.
Advocate S’du Gumede asked President Jacob Zuma’s office to establish a commission of inquiry into his suspension and ‘maladministration and irregularity in the City’. He also approached the Gauteng MEC for Cooperative Governance and Traditional Affairs and Human Settlements, Paul Mashatile.
Gumede was suspended in a closed council meeting on 9 May.
READ: Why you should care about the ombudsman’s suspension
The City said he had failed to disclose a certain interest that was in conflict with his current position. He took the City to the Labour Court where his suspension was set aside. He then returned to work only to leave shortly after he learned that the City appealed this decision.
After returning to work for a second time on 14 August, Gumede was asked to leave yet again. He said he returned since his suspension was valid for only three months and the City did not continue its appeal with the court.
But the City’s reasons for instructing him to leave were, Gumede said, that he could not work while the disciplinary hearing against him was underway.
The office of the president, he said, is looking into the matter. “As an ombudsman who is being prevented to do his job, where do I complain? I can’t go to the council that is going against me.”
But the City said it was not aware of the ombudsman’s request and that if it is true, it would appear that Gumede ‘is reaching new levels of desperation’.
Executive Mayor Herman Mashaba’s acting legal advisor, Tony Taverna-Turisan, said that in trying to clear his name and escalating the matter to President Zuma and Mashatile, Gumede is showing his true political colours.
The ombudsman will, he said, be given an opportunity to state his case during the disciplinary process.
“It is not only desperate but immature to be seeking the assistance of President Zuma,” said Taverna-Turisan.
Gumede told this publication that he will not let go of this matter. “I am doing my job as ombudsman by exposing irregularity and maladministration.”
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