Johannesburg – Councillor Kabelo Gwamanda, placed on special leave over allegations he sold dodgy funeral policies, could escape further sanctions because the City of Johannesburg Speaker of Council cannot take disciplinary action against the former mayor.
Gwamanda – the ousted mayor – was arrested and released on bail last week in connection with the alleged “funeral investment” scam.
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Johannesburg Mayor Dada Morero has placed Gwamanda – a Member of the Mayoral Committee for Community Development – on special leave and requested the Speaker to take disciplinary action against the Councillor.
However, in what appears to be a lacuna in the council rules, Speaker Nobuhle Mthembu, on Wednesday, (23 October 2024), said in a terse statement that unless amendments were made, she could not take any further action against Councillior Gwamanda.
Speaker Mthembu said she noted Mayor Morero’s statement that “the allegations will be referred to the Speaker of Council, who will handle the matter according to the legislated processes and rules of the council.”
However, Speaker Mthembu said she “wishes to reiterate, once again, and refers to the statement issued on Sunday 20 October 2024, that Council rules as they stand, do not give authority to the legislature to investigate breaches of privilege that have occurred outside of a Councillor’s tenure in Council”.
Rule 150 (2) of the Standing Rules and Orders of Council Handbook says, that matters relating to breaches must be raised “within the term of office in which the contempt or breach of privilege is alleged to have taken place.”
Speaker Mthembu said: “Until such time that work to amend the Standing Rules and Orders of Council Handbook is completed, the Office of the Speaker does not have any legislative authority to institute any disciplinary proceedings against Cllr Gwamanda for an alleged breach that happened outside of his tenure as a Councillor.
“The authority to appoint and dismiss Members of the Mayoral Committee is vested fully with the Executive Mayor, as they serve at his or her pleasure.”
