Chitungwiza boss not qualified: High Court

Yeukai Karengezeka Court Correspondent
High Court judge, Justice Owen Tagu, has dismissed an urgent chamber application made by former Chitungwiza Municipality acting chamber secretary Mary Mukonyora challenging her suspension, saying she was not qualified for the post.

Mukonyora, who is human resources director, was the applicant, while Chitungwiza Municipality’s then acting town clerk David Duma and acting chamber secretary Raymond Wenyeve, were cited as the respondents.

In his ruling, Justice Tagu said Mukonyora’s suspension was lawful because she did not possess the requisite qualifications to be the chief legal counsel of council.

He said due to her lack of appropriate qualifications, her appointment was never approved by the Local Government Board.

“In the current case, it is a common cause that the applicant is not a holder of a law degree and consequently she is not qualified to be a chamber secretary,” said Justice Tagu.

“The applicant claims to have been appointed in terms of Section 133-135 of the Urban Council’s Act. It is a common cause that the applicant was not interviewed or approved by the Local Government Board. Therefore, the applicant cannot claim the substantive rights that accrue to a person who has been appointed a substantive chamber secretary.”

Mukonyora was ordered to pay the costs of the suit. “Accordingly, there is no basis upon which this court may suspend the operations of the decision to remove the applicant from the acting position and reverse the appointment of the third respondent as the acting chamber secretary,” said Justice Tagu.

“The present application is without merit, factually or legally, and it cannot succeed.”

The development comes after Mukonyora had sought a relief against the resolution made by council in September last year approving her suspension, leading to the appointment of Wenyeve. She wanted the court to suspend the execution of her suspension letter and that of the appointment letter of her successor written by Duma. Mukonyora was appointed on May 9, 2018 as the acting chamber secretary and received a letter of suspension on October 1 last year following a council resolution.

She served in the same position between August 2015 and April 2017.