Speaker of the Johannesburg council, Nobuhle Mthembu said she has taken note of the High Court in Joburg’s judgment handed down regarding the provision of VIP protection services within the Johannesburg metropolitan municipality.
She said she is is currently studying the judgment in detail and will take the necessary steps required in due course, guided by comprehensive legal advice.
The landmark judgment addresses the resolution adopted by the Joburg council during a sitting on March 20, 2024, which endorsed a VIP protection policy which sought to provide the executive mayor of Joburg with 10 personal protection officers, the speaker with eight officers, and various other municipal councillors with between two and five personal protection officers.
“The court also expressed that the policy was implemented without a prior threat assessment or report from the South African Police Service (SAPS), which is required by law. The High Court declared the resolution and any prior decisions to expand personal protection allowances beyond the ministerial determinations and without a justified SAPS threat assessment unlawful,” said Mthembu.
“According to the law and the minister’s determination, the executive mayor, deputy executive mayor, speaker and whip of a municipal council may only be provided with two bodyguards per shift under a two-shift system.
“Despite this council resolution, the speaker notes that, the executive mayor, speaker and whip of council have always complied with what the law has prescribed. The speaker has never had eight personal protectors, and five vehicles as reported in the media.”
As per the policy, Mthembu said the speaker is allocated one vehicle with two protectors who travel with her without an escort or tail.
“The office of the speaker reiterates its commitment to upholding the rule of law and ensuring compliance with all relevant legislative and ministerial requirements. We will engage with relevant stakeholders and ensure that our actions are informed by sound legal guidance in response to the court’s decision,” said Mthembu.
Meanwhile, Democratic Alliance’s Johannesburg Caucus Leader, councillor Belinda Kayser-Echeozonjoku has welcomed the court’s decision which declared Joburg’s blue light policy unlawful, unconstitutional and invalid.
“The Democratic Alliance (DA) in Johannesburg is starting 2025 on a high, having come out victorious in our court action against the City of Johannesburg’s VIP protection policy. On March 20 2024 the City of Johannesburg passed the unlawful, unconstitutional and invalid VIP Protection policy in council.
“We immediately raised our concerns inside council and cautioned the city that this policy violates the constitutional upper limits and urged it to withdraw the policy. Despite this, the ANC-EFF-PA-ActionSA coalition ridiculed us and used its numerical advantage to pass this through council,” said Kayser-Echeozonjoku.
She said DA has been granted a costs order by the court.
“Unfortunately, the city has had to learn yet another costly lesson in the rule of law. Residents of Johannesburg will have to pay for the lack of good governance and due diligence by the city,” she said.
“The judgement is suspended until 14 February 2025, providing the city with time to provide threat and risk analyses justifying this ridiculous expense. We aren’t holding our breath for those, as they have failed to provide them for over a year.”
The DA said it has always maintained that money should be spent on residents of Joburg, and not on expensive VIP bodyguards for politicians.
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