Herman Mashaba says he is surprised by the legal action against the Speaker of Council because she did not fire Gwamanda.
Al Jama-ah councillor and former Johannesburg mayor, Kabelo Gwamanda is demanding to be re-appointed as MMC of Community Development.
Gwamanda was fired over the weekend by Johannesburg Mayor Dada Morero after he was arrested for fraud.
However, his lawyers, Kern, Armstrong & Associates, have now sent a letter to the Speaker of Council Nobuhle Mthembu expressing concerns over Gwamanda’s dismissal.
They claim Gwamanda was not given an opportunity to clear his name after his arrest and was dismissed while the council’s ethics committee was still deliberating on the matter.
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They also claim that Gwamanda found out about his axing through the media.
Political solution
“We urge you to consider these points carefully and to address the issues raised herein to ensure that the principles of fairness and equality are upheld within the Council’s practices,”
The document is dated November 11 but Gwamanda’s lawyers said they want him back at work on Thursday, November 14.
They suggested that the coalition partners of the Government of Local Unity (GLU) led by the ANC should meet and find a political solution to this matter.
“We request that the relevant coalition partners and political parties be given an opportunity to resolve this matter politically, thereby allowing for our client’s reinstatement.
“Should this matter remain unresolved by Thursday 14 November 2024, at 08h00, we reserve the right to consider further legal proceedings to address both procedural and substantive irregularities,” they said.
Demands an apology
Gwamanda also wants an apology from the Speaker of Council for several remarks she had made on public platforms concerning his character.
Gwamanda claims Mthembu had made damaging remarks about his role in the controversial funeral policy company Ithemba Lama Afrika that saw him arrested for alleged fraud.
Through his lawyers, he said Mthembu had failed to separate her roles as Speaker of Council and the chairperson of ActionSA in Johannesburg.
“The actions demonstrate a pattern of conduct that is incompatible with the obligations of your office and has compromised the perception of neutrality essential to the Speaker’s role.”
Gwamanda demands a written apology by Thursday, November 14.
His lawyers threatened to interdict Mthembu from making further comments concerning their client.
“This apology must be issued through the same media outlets and platforms where the initial remarks were made, ensuring the correction reaches a similar audience.”
ActionSA awaiting legal papers
The Citizen had reached out to Mthembu for comment. Any update will be included once received.
However, ActionSA leader Herman Mashaba said his party was awaiting the legal papers.
“We will respond once we have seen these papers. But I am also surprised by this. He was fired by the mayor,” he said.
According to the Municipal Structures Act, the mayor is responsible for the hiring and firing of members of the mayoral committee (MMCs).
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However, the mayor’s spokesperson Chris Vondo declined to comment saying that the legal letter had been sent to the Speaker and not the Mayor.
Gwamanda should prove his innocence or face the law
DA leader in Johannesburg Belinda Kayser-Echeozonjoku told The Citizen the party was shocked at Gwamanda’s bid to get his job back.
“The mayor was correct to remove him as member of the mayoral committee considering the serious allegations of fraud against him.
“This gives him (Gwamanda) time to clear his name or face the full might of the law,” Kayser-Echeozonjoku said.
