The City of Johannesburg’s appeal against the Labour Court judgement that its Ombudsman’s suspension was unlawful was dismissed.
On 13 September, Advocate Sdu Gumede again met the City in court over his suspension by the council on 9 May. After taking the City to court, the council ruled that Gumede’s suspension was unlawful. This ruling was then appealed, but again the court stood by the initial ruling that the suspension was unlawful and the appeal was dismissed with costs.
Gumede’s attorney, Jayson Kent from Cowan-Harper Attorneys, said the ombudsman has not been found guilty of anything. He has also not been allowed to go back to work.
According to Kent, the City told the ombudsman that he was not allowed to return while a disciplinary procedure against him is underway.
He will still face the disciplinary hearing that will be held on 28 September.
Tony Taverna-Turisan, the acting legal adviser to the mayor, previously said he could not give further comment but said Gumede would be given a fair disciplinary hearing and will be given ample opportunity to defend himself.
“The hearing will see both the City and Gumede presenting their cases to an advocate. If Gumede is found guilty, he could be given a warning, final earning or even be dismissed. Of he is found not guilty, he will return to work,” Kent said.
The matter has been ongoing since his suspension in May. Other officials were also suspended in that closed council meeting.
Local sociologist, Doctor Liela Groenewald, previously said this case should be closely monitored.
Groenewald believes that in a case where suspension leads to exposing and plugging corruption, one can celebrate good work.
“On the other hand, the work environment and professional life of an employee who has not engaged in any wrongdoing can be made hostile or untenable by raising spurious allegations in public.
“This can serve as a way of pushing out people perceived to be unsympathetic to one’s goals or way of working. In the case of a local authority, if the mayor is making changes to senior management because of his own preferences or whims, City residents are bearing the cost of the double work that happens when someone is suspended.”
Rosebank Killarney Gazette obtained the legal opinion that was given to the City by its attorney in this matter, Werksmans Attorneys, days before it suspended Gumede. The opinion said there were no justified reasons given by the City to suspend Gumede. It read 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.”
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