‘You are on your own,’ Al Jama-ah tells Gwamanda as he fights to be reinstated as MMC

Embattled Johannesburg councillor Kabelo Gwamanda's party Al Jama-ah has decided to cast him out to fight his battles alone and they will not intervene politically.

Party leader and social development deputy minister Ganief Hendricks said they will allow the process to unfold to its conclusion without stepping in or using the party political platform they participate in to resolve matters of the coalition.

“Gwamanda's team has not briefed us. Remember that this happened 11-12 years ago and at the time he was not a member of the party. We have not been taken into confidence on the merits of the case, but we are aware of the basic facts. Now that he's a member and councillor, all we can do is wish him everything of the best in whatever he decides to do.

“We are not going to raise anything in the political management committee. As far as we are concerned, the law must run its course and his lawyers are dealing with the matter. We have been asked to step back and we are respecting his lawyers. We have enough other things to do,” Hendricks told TimesLIVE Premium. 

Gwamanda has demanded that he be reinstated to his position as MMC of community development as he argued that his removal lacked compliance with procedural fairness. He was fired with immediate effect from his position by the city's mayor Dada Morero at the weekend. 

This is despite Gwamanda's legal team, in their letter to speaker of council Nobuhle Mthembu, setting a deadline for political parties to resolve the matter internally — failing which, they will proceed with legal action.

The rules of council also state that you cannot try a councillor for any misdemeanour if it did not take place during his term of office. This is what the speaker told the DA when they asked her to take action.

—  Ganief Hendricks, Al Jama-ah leader and social development deputy minister 

“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.” 

Hendricks conceded that the merits of the case known to the political party are not high level, despite a sense of conviction that their former deployee might stand a chance at successfully defending himself.

“The rules of council also state that you cannot try a councillor for any misdemeanour if it did not take place during his term of office. This is what the speaker told the DA when they asked her to take action. What the City of Joburg is trying to do is to amend their rules so that councillors who have skeletons in the cupboards can also be dealt with.”

However, the party leader conceded that Morero had every right to axe Gwamanda from his executive, which cannot be disputed, despite the disgruntlement with how he conducted the removal.

“He found out in the media, he felt as though he was unfairly treated. The ANC offered to mediate in the midst of the events unfolding, but the mayor decided to take unilateral action, which is his right — but he did not consider whether what he is doing has constitutional muster.

“The mayor has the prerogative, like the president, to appoint and dismiss his team. The legal advice that has been received is that there are cases that suggest that the mayor has to also, besides having the prerogative and the final say, ensure that there are certain processes to follow.”

In a letter to the speaker, lawyers for Gwamanda insisted 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. 

“It's his legal team, he is advising them and issuing instructions. We may believe that the speaker has a case to answer, but we leave it to the courts to decide,” Hendricks said.