Werksmans Attorneys’ legal opinion was given to the City of Johannesburg days before council suspended its ombudsman Advocate Sdu Gumede.
Werksmans said the reasons given for the suspension were not justified. The letter obtained by the Randburg Sun was sent to the City’s former group head of legal and contracts by Werksmans on 4 May, Gumede was suspended on 9 May.
It reads that the reference to fraud in the submission prepared for council is ‘far fetched and not supported by the allegations made against Mr Gumede’.
It also stated, “It is… not our view that Mr Gumede placed himself in a situation of conflict of interest.”
This after a lengthy legal battle between Gumede and the City of Johannesburg since his suspension in May.
According to information contained in Gumede’s founding affidavit submitted to the Labour Court, the main charge which seems to be at the centre of his suspension is his failure to disclose his relationship with the company that provided call centre services to the Office of the Ombudsman.
Gumede, however, maintains that he has no conflict of interest.
He will face a disciplinary hearing starting on 28 September.
Tony Taverna-Turisan, the acting legal advisor to the mayor, said he cannot give any further comment since the matter is sub judice. This means that it is still under judicial consideration and, therefore, information cannot be made public. “Advocate Gumede will be given a fair hearing in his disciplinary matter and will be given ample opportunity to defend himself,” he said.
The matter has been handled in closed council meetings since the suspension.
Linus Muller, the Speaker of Council’s chief of staff, explained that a closed council meeting, also known as an in-committee meeting, is when confidential matters are discussed.
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