Former Johannesburg mayor Kabelo Gwamanda seeks reinstatement

Former Johannesburg mayor Kabelo Gwamanda has demanded that he be reinstated to his position as MMC of community development as his removal lacked compliance with procedural fairness.

Gwamanda was fired with immediate effect from his position by the city's mayor Dada Morero at the weekend. 

In a letter to the speaker of the City of Johannesburg Nobuhle Mthembu, lawyers for Gwamanda said he was not provided with any prior notice or opportunity to respond to the allegations before his dismissal.

“Furthermore, our client’s dismissal was announced publicly via a media statement from the executive mayor’s office without any formal notification or engagement,” Kern, Armstrong & Associates said. 

The law firm said this approach reflected a substantial procedural flaw, as it bypassed essential internal processes — including the 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 should these procedural irregularities remain unaddressed, Gwamanda reserved the right to seek judicial review. 

“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 November 14 2024, at 08h00, we reserve the right to consider further legal proceedings to address both procedural and substantive irregularities.” 

In addition, Gwamanda’s lawyers said a series of actions and statements by Mthembu’s office created a climate of hostility and prejudice towards Gwamanda. 

“These actions, while presented as matters of council interest, have unfairly targeted our client and conveyed a prejudgment on matters that remain unresolved, effectively undermining his right to due process and impartiality.” 

The lawyers cited among others an October 21 interview with Newzroom Afrika, when Mthembu stated that Gwamanda was “going out there scamming the very same residents who voted [him] to represent them in council”.

The lawyers said these remarks, issued to a national media platform, directly implicated Gwamanda in alleged criminal activities without a formal ruling by the council’s ethics committee or any court of law, thus predetermining his guilt in the eyes of the public. 

The lawyers demanded that Mthembu issue a formal public apology for the “improper statements” made regarding Gwamanda’s character and alleged involvement in criminal activities. 

They said if the requested undertakings were not complied with on or before Thursday, Gwamanda would apply to the Johannesburg high court to interdict Mthembu from disclosing confidential information about Gwamanda and making defamatory allegations in regard to its client. 

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