The Speaker of the Johannesburg City Council, Nobuhle Mthembu, has acknowledged the High Court’s recent judgment concerning the provision of VIP protection services within the Johannesburg metropolitan municipality. Mthembu confirmed that she is currently reviewing the judgment in detail and will take appropriate actions in due course, guided by comprehensive legal advice. The landmark ruling pertains to the resolution passed by the Johannesburg City Council on March 20, 2024, which had approved a policy to provide personal protection to various municipal officials, including the executive mayor, speaker, and other councillors.
Under the controversial policy, the executive mayor was set to receive 10 personal protection officers, while the speaker was allocated eight officers, with other councillors receiving between two and five personal bodyguards. However, the court ruled that the policy was implemented without the legally required threat assessment or report from the South African Police Service (SAPS). According to the High Court, any decisions to expand personal protection allowances beyond what is stipulated by the ministerial guidelines were unlawful. The law dictates that the executive mayor, deputy executive mayor, speaker, and whip of a municipal council are entitled to only two bodyguards per shift, under a two-shift system, unless supported by a proper SAPS threat assessment.
In response to the court’s findings, Mthembu clarified that the council had always adhered to the legal requirements, emphasizing that neither the executive mayor nor the speaker had ever been provided with the excessive protection as outlined in the policy. The speaker noted that she has only been allocated one vehicle with two protectors, who travel with her without the use of an escort or a tail, contrary to reports in the media.
Mthembu reiterated her commitment to upholding the rule of law and ensuring full compliance with all relevant legislation. She assured that her office would engage with stakeholders and legal advisors to ensure future actions are fully informed by sound legal guidance. She also stressed the importance of addressing the court’s decision with careful consideration of the broader implications for municipal governance.
Meanwhile, Democratic Alliance (DA) Johannesburg Caucus Leader, Councillor Belinda Kayser-Echeozonjoku, welcomed the court’s decision, describing it as a victory for the party and for good governance. The DA had challenged the City of Johannesburg’s blue light policy, arguing that it was unconstitutional and violated the upper limits prescribed by the Constitution. Kayser-Echeozonjoku noted that the DA had consistently raised concerns within the council about the policy’s legality, urging the City to withdraw it before the council voted to approve it. Despite their objections, the policy was passed by the ANC-EFF-PA-ActionSA coalition, with the DA’s concerns being disregarded.
The DA also highlighted that the court had granted them a costs order, making the City of Johannesburg liable for the financial consequences of implementing the unlawful policy. Kayser-Echeozonjoku lamented that Johannesburg residents would ultimately bear the costs of the city’s failure to govern effectively and adhere to due process.
The judgment, however, has been suspended until February 14, 2025, allowing the City of Johannesburg time to provide the necessary threat and risk assessments to justify the considerable expenses outlined in the policy. The DA expressed skepticism about the City’s ability to provide the required documentation, citing its failure to do so for over a year.
The DA has long advocated for municipal resources to be spent on improving the lives of Johannesburg residents rather than on expensive VIP protection for politicians. With the court’s decision in their favor, the DA hopes that future municipal budgets will prioritize the needs of the city’s people over the extravagant security measures for public officials.
