The suspension on Advocate S’du Gumede, the suspended Joburg ombudsman, has been declared unlawful by the Labour Court in Johannesburg.
Advocate Tim Bruinders SC who was representing Gumede argued that his client wasn’t treated fairly and wasn’t given an opportunity to defend himself. “He should have been given an opportunity to persuade council why he should not be suspended. This is totally unlawful,” Bruinders SC said.
Judge AJ Coetzee said the suspension was unlawful and invalid.
Gumede has confirmed that he will report for duty as the City of Johannesburg ombudsman on 19 June.
Gumede was suspended after a closed Council sitting on 9 May and he subsequently took the City to court so that he could be reinstated.
The disappearance of important documents and failing to disclose his interests in a company that provided services to his office to the City were some of the allegations leveled against him. He, however, maintained that he did not have and never had a conflict of interest.
Gumede told Randburg Sun on 26 May that he would take the City to the Labour Court on 30 May after negotiations between him and the City did not reach a conclusion.
Mayor Herman Mashaba’s director of communications, Tony Taverna-Turisan, said the City was waiting for a copy of the judgement before determining their next course of action.
Read:
Ombudsman will fight his suspension in Labour Court
EXCLUSIVE: Showdown between City and suspended ombudsman postponed
Why you should care about the ombudsman’s suspension
Suspended ombudsman continues to get paid while legal battle is marred by delays
@Sandton_News Bruinders argues that #SduGumede's notice to suspend & precautionary suspension letters didn't have the same charges
— Belinda Pheto (@BelindaaPheto) June 15, 2017
@Sandton_News Bruinders: There were 2 additional charges that #SduGumede didn't get an opportunity to respond to
— Belinda Pheto (@BelindaaPheto) June 15, 2017
@Sandton_News Bruinders: He should have been given an opp to persuade council why he should not be suspended. That is totally unfair
— Belinda Pheto (@BelindaaPheto) June 15, 2017
@Sandton_News Bruinders: @CityofJoburgZA Council delt with this suspension in a weird way #SduGumede
— Belinda Pheto (@BelindaaPheto) June 15, 2017
@Sandton_News Bruinders on argues that the case between UDM @IECSouthAfrica 's Pansy Tlakula is totally different from this one
— Belinda Pheto (@BelindaaPheto) June 15, 2017
@Sandton_News Bruinders: Tlakula sat in the decision making process of the awarding of the tender & this not the case with #SduGumede& COJ
— Belinda Pheto (@BelindaaPheto) June 15, 2017
@Sandton_News Judge notes that #SduGumede received no benefits from Yeo Technologies, Bruinders confirms this.
— Belinda Pheto (@BelindaaPheto) June 15, 2017
@Sandton_News Judge notes that #SduGumede received no benefits from Yeo Technologies, Bruinders confirms this.
— Belinda Pheto (@BelindaaPheto) June 15, 2017
@Sandton_News Judgement in the matter #SduGume vs @CityofJoburgZA will be given at 11.30 am, after the tea break
— Belinda Pheto (@BelindaaPheto) June 15, 2017
More updates to follow.
