The legal tug of war between the suspended City of Joburg Ombudsman, Advocate Sdu Gumede and the City is still dragging on. Disciplinary proceedings against Gumede have been put on hold.
This follows the termination of the contract between the City and Werksmans Attorneys who were acting on behalf of the City in the matter.
Gumede was due for a disciplinary hearing on 28 and 29 September but the latest communication from the City to Gumede’s lawyers indicate that the City is not ready to proceed with the case at this stage as it still needs to appoint new lawyers, who would also need time to familiarise themselves with the case.
Gumede has been embroiled in a long legal battle with the City ever since he was suspended in May this year.
Read: EXCLUSIVE: Showdown between City and suspended ombudsman postponed
The allegations levelled against Gumede by the City include, amongst others, the fact that he failed to disclose his relationship with Yeo Technologies, a company that provided call centre services to the Office of the Ombudsman.
Gumede launched an urgent Labour Court application which vindicated him, ruling that his suspension was unlawful and invalid.
Read: Suspended Ombudsman reports to office for duty
Gumede, who is on fully paid suspension, said in previous interviews with Sandton Chronicle that the suspension has tainted his image and reputation.
He argues that there is no wrongdoing from his side and maintains his innocence. Gumede said in the absence of justifiable allegations of serious misconduct and justifiable reasons for keeping him away from his post, it is irrational.
“I do not occupy an ordinary post. It is a statutory post. It is independent. The council must make out a prima facie case to support the allegations of misconduct and justify my removal from my post. It cannot be arbitrary,” he said.
In his ruling, Judge AJ Coetzee said he doesn’t see how Gumede would use his seniority to interfere with investigations or with witnesses as they were not physically placed at his office.
This is a developing story. Updates will follow when available.
