The City of Johannesburg has confirmed that it terminated its attorneys’ services in the contentious matter between them and the ombudsman, Advocate Sdu Gumede.
After Gumede was suspended by the council in a closed meeting on 9 May a legal battle ensued. The Labour Court ruled the suspension unlawful and recently dismissed the City’s appeal of this ruling.
Werksmans Attorneys have been representing the City since before the suspension. In a document obtained by the Randburg Sun, the firm advised the City not to suspend the ombudsman because the reasons for his suspension were not justified.
The document also mentions that the reference to alleged fraud committed by Gumede in the submission prepared for the council is ‘far-fetched and not supported by the allegations made against Mr Gumede’.
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 previous relationship with Yeo Technologies. This is the company that provided call centre services to the Office of the Ombudsman. Gumede, however, maintains that he has no conflict of interest.
Gumede has on two occasions tried to return to his office, but was asked to leave again by the City. In the most recent incident, the City said that Gumede could not return to his office because the process of the disciplinary hearing against him was still underway.
Tony Taverna-Turisan, the mayor’s acting legal advisor, said the focus now is on the disciplinary hearing where Gumede will be given a fair chance to state his case. Here Gumede’s fate will be decided.
The disciplinary hearing is set for 28 and 29 September. Until then, Gumede is still a paid employee of the City.
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