By Johnathan Paoli
The North Gauteng High Court has declared the City of Johannesburg’s policy of providing executive members of the metro with bodyguards as unconstitutional and invalid.
The city approved the policy in March last year, allocating over R3 million per month for VIP protection, including an estimated 60 bodyguards and 40 vehicles, for the mayor, speaker and MMCs.
Cooperative Governance and Traditional Affairs Minister Velenkosini Hlabisa previously set the limit at two bodyguards, only for the mayor, speaker and whips.
Judge Stuart Wilson ruled on Thursday that the metro did not provide sufficient justification for the enhancement of the protection services.
Wilson held that while the policy allowed an increase of the number of bodyguards for the mayor from eight, this was predicated on a threat or risk assessment from the South African Police Service.
“It is common cause that the city council has not obtained a threat assessment or other report from Saps that might have justified any of these departures from the ministerial determinations,” he said.
Wilson held that the city did not obtain the necessary assessment, that the council did not follow the law and failed to ensure that regulations were adhered to in its approval of the increase.
The case follows an application filed by the Democratic Alliance, which questioned the additional burden on the metro’s already strained financial situation.
Caucus leader Belinda Kayser-Echeozonjoku welcomed the ruling and the cost order that was granted in their favour.
“The DA has always maintained that money should be spent on residents and not on expensive VIP bodyguards for politicians,” she said.
Meanwhile, the city has justified its decision, claiming that there has been no budget allocated for the increase and that it was to allow for the event of a risk assessment requiring an increase.
Wilson suspended his judgement until 14 February to allow the city to provide threat and risk analysis justifying the increase.
He held that any interested party was allowed to request an extension of the suspension, if they could prove the failure to do so would result in imminent harm.
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