Richard Muponde Sunday News Correspondent
BULAWAYO Deputy Mayor Councillor Gift Banda has rubbished allegations of corruption by the Affirmative Action Group (AAG) raised in a court application filed in the High Court in Bulawayo to compel Local Government, Public Works and National Housing Minister Saviour Kasukuwere to suspend him for abuse of office. AAG accused Clr Banda of corruptly acquiring stands in Bulawayo to build town houses without going to tender.
The pressure group through its lawyer, Mr Dumisani Dube of Mathonsi and Ncube Law Chambers, is seeking a declaratory order from the Bulawayo High Court directing Minister Kasukuwere to exercise his discretion in terms of Section 114 of the Urban Councils Act to suspend Clr Banda and set up a Commission of Inquiry into the allegations.
In the court papers, AAG cited Minister Kasukuwere as well as the Minister of State for Bulawayo Provincial Affairs Cde Nomthandazo Eunice Moyo, President Mugabe and Clr Banda as respondents.
According to the draft order sought, if Minister Kasukuwere fails to suspend Clr Banda and set up a Commission of Inquiry within five days of the granting of the order, the AAG wants the President and Minister Moyo to be ordered to exercise their powers in terms of the law.
However, in his founding affidavit in response the AAG application, Clr Banda said allegations that he abused office for his personal gain were false.
“The allocation was completely above board and is and was done in accordance with the laid down procedure of the City Council of Bulawayo. There is nothing corrupt about that allocation and nothing has been contravened as envisaged in section 114 of the Urban Councils Act. There is therefore no factual or even legal basis to drag me to the Minister let alone this Honourable Court. There is no fraudulent abuse of office at all,” said Clr Banda.
He said the AAG application was devoid of merit and confused.
“It is drawn by an applicant who has got a vendetta against me and is an abuse of court process. No constitutional provisions have been flouted and no declaratory would be competent in the circumstances. It must be dismissed,” he said.
The matter is still to be set down for hearing.




