Suspended ombud could force council to backtrack
THE City of Joburg is involved in a legal tug-of-war with lawyers representing its suspended ombudsman, Advocate Sdu Gumede, which could force the municipality to backtrack on its suspension decision.
The legal war unfolded in an exchange of legal letters between the two law firms following a meeting on Wednesday.
The letters, seen by Independent Newspapers, revolve around whether the City has the legal authority to suspend Gumede, who wants his suspension withdrawn. He has indicated he is willing to withdraw his action in the Labour Court in Joburg – provided his suspension is withdrawn.
Legal representatives of the City seem willing to withdraw the suspension, and have now opted to place him on “special leave”. It appears the dispute between the legal firms centres on whether employees should be notified. Gumede apparently insisted on a blanket withdrawal of his suspension. The issue is deadlocked.
Meanwhile, Gumede’s court papers in the Labour Court claim the decision to charge him for dishonesty and misconduct was taken without him being provided with an opportunity to give his side of the story.
The main charge against him followed after a company called Yeo Technologies was awarded a tender to provide ICT facilities to his office in Houghton. According to the City, the conflict of interest allegedly arose because the director of Yeo Technologies, Godfrey Nkoane, was a former business partner of the ombudsman.
The City has insisted that Gumede failed to disclose his relationship with Nkoane to the council. According to legal papers, the auditor-general notified the council about Gumede’s connection to Nkoane and wanted them to act on it.
In laying the charge, the City believes Gumede could have had an influence over the appointment of Yeo in his office. He denies this.
“I do not have, nor have I ever had, an interest in Yeo Technologies, or in any holding or subsidiary of Yeo Technologies. I do not share an interest in an entity with any of the directors of Yeo Technologies.
“More than 10 years ago, a director of Yeo Technologies, Mr Godfrey Nkoane, and I were co-directors (along with a number of other directors) in a company called Julani Investments (Pty) Ltd. I’m advised by the Companies and Intellectual Property Commission that that company was deregistered some time in 2013.
“The company never traded. As I recall, it never operated a bank account. It was dormant almost from incorporation and most of us forgot that it ever existed,” Gumede said.
He said he had not had any contact with Nkoane since. He also insisted that he had nothing to do with the appointment of Yeo Technologies.
“I was not involved in the procurement decision-making in relation to ICT infrastructure in the Office of the Ombudsman. The political leadership of the municipality, at the time, had advised me against getting involved in any procurement decision-making in relation to my office and I took their advice to heart.
“I was new in the municipality, having just come from practice as an advocate, and was unfamiliar with complex procurement processes and the general machinations of a municipality. That is why I am not a signatory to any supply chain management documentation involving the procurement of ICT needs for my office,” Gumede said.
He said all procurement for the office of the ombudsman was done by Group ICT and the municipality’s legal and contracts department. Gumede said all the documentation was done by officials in the council’s headquarters in Braamfontein.
“It comes as something of a surprise that I am accused of dishonesty, impropriety and misconduct arising from the transaction with Yeo Technologies. Those accusing me of misconduct have yet to produce any evidence to support the allegations. My suspension is therefore unlawful and unfair.”