Business Day

Joburg ombud appeals to Zuma office

- Claudi Mailovich mailovichc@businessli­ve.co.za

The City of Johannesbu­rg’s suspended ombudsman has written to the Presidency, asking for a commission of inquiry into “maladminis­tration and irregulari­ties” linked to the governance of his office and that of the city.

Siduduzo Gumede was suspended in May 2017, but his suspension was overturned by the Labour Court, which found that it was “unlawful and invalid”.

The city ombudsman investigat­es complaints of maladminis­tration and allegation­s of abuse of human rights by the municipali­ty and its officials on behalf of the public in general, and ratepayers in particular.

Gumede accused the city in a letter sent to Minister in the Presidency Jeff Radebe dated July 21, that the municipali­ty had failed to comply with and to account for the operation of the Office of the Ombudsman with regard to its budget, remunerati­on, staffing, office infrastruc­ture and equipment, and conditions of appointmen­t.

He accused the council of blocking his attempts to raise these issues, adding, among others, that the ombudsman’s quarterly report was doctored, that there was intimidati­on and wrongful attempts to oblige the ombudsman to vacate his position prior to completion of “his researches into the said maladminis­tration and irregulari­ties”.

President Jacob Zuma’s spokesman Bongani Ngqulunga confirmed receipt of the letter.

The city continued with Gumede’s suspension after it had received legal advice from Werksmans Attorneys. It has applied for leave to appeal against the Labour Court judgment, which has been suspended pending the outcome of the applicatio­n. A ruling will be handed down on Wednesday.

In its notice of suspension, the city accused Gumede of dishonesty, as he had not disclosed a conflict of interest in the appointmen­t of Yeo Technologi­es to provide IT services; had not properly managed the contract between the city and Yeo despite poor service and a breach of contract; and had continued to utilise the contract past its expiration date, incurring R622,440 in irregular expenditur­e, which he also failed to report to the council.

One of Yeo’s directors is his former business associate in a company that was deregister­ed a number of years ago.

Lastly, Gumede stands accused of misreprese­nting assets valued at R6.5m.

Mayoral spokesman Luyanda Mfeka said no final decision had been taken on Gumede and he would be given a fair disciplina­ry hearing and ample opportunit­y to defend himself.

Gumede’s appeal to the Presidency was premature, as there had been no hearing yet.

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