Former Joburg MMC Gwamanda considers legal action over his dismissal
Kabelo Gwamanda, who is facing fraud charges, has warned that he will take legal action against the City of Johannesburg regarding his removal as MMC.
Kabelo Gwamanda, the former MMC for community development in the City of Johannesburg, has announced plans to pursue legal action following his dismissal.
Gwamanda is accusing the City of Johannesburg of procedural flaws in handling his matter.
KABELO GWAMANDA SAYS HIS DISMISSAL WAS “UNLAWFUL”
The South African previously reported that Johannesburg mayor Dada Morero fired his predecessor at the weekend.
In October, Morero placed Gwamanda on special leave after he was arrested and charged with fraud and corruption for allegedly swindling Soweto residents through his burial scheme.
In a letter addressed to council speaker Nobuhle Mthembu, Gwamanda’s lawyers said his removal was not compliant with procedural fairness as outlined in section 53 of the Structures Act , which mandates that due process and principles be upheld in such decisions.
The lawyers said Gwamanda was not provided with any prior notice or opportunity to respond to the allegations prior to his dismissal.
“This contravenes the principles of fairness and procedural due process embedded in our democratic framework and explicitly supported by the Structures Act.
“Furthermore, our client’s dismissal was announced publicly via a media statement from the executive mayor’s office without any formal notification or engagement. This approach reflects a substantial procedural flaw, as it bypassed essential internal processes, including referral to the ethics committee or the integrity commissioner, that should have been initiated before any public announcements or dismissals were made,” the lawyers said.
Furthermore, Gwamanda’s legal representatives called on Johannesburg coalition partners to resolve the matter politically, thereby allowing for his reinstatement.
“Should this matter remain unresolved by Thursday, 14 November at 8:00, we reserve the right to consider further legal proceedings to address both procedural and substantive irregularities.”
FORMER MAYOR THREATENS LEGAL ACTION AGAINST COUNCIL SPEAKER
Additionally, Gwamanda has accused Mthembu of disclosing confidential information and failing to be partial in various media interviews, as she serves as speaker and ActionSA regional chairperson in Johannesburg.
Gwamanda is also demanding a public apology from Mthembu over what he says are improper statements that have prejudiced his right to a fair process.
“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,” his lawyers said.
“In the event that the requested undertakings are not complied with on or before Thursday, 14 November at 8:00, our client will have no choice but to apply to the High Court of South Africa, Gauteng local division for an interdict, interdicting you from disclosing confidential information about our client, and making defamatory allegations in regard to our client, which legal action will be taken at your cost.”