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land sales, leases and exchanges done between 2004 and 2006.
Council has also been directed to recover, if any, fees paid to the members of the tribunal during their tenure. According to Government, the probe into the land sales is not in the interest of residents and ratepayers.
This follows a resolution by the council in August to appoint a special tribunal to review the report by a committee of special councillors to investigate the land sales and leases. However, the nature, functions, composition and purpose of the special tribunal was similar to those previously done by the first committee.
The initial committee had concluded its investigations and presented its report last year, which was accordingly dissolved in terms of the constitution.
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Council had also approved payment of expenses and fees to members of the tribunal.
Local Government, Rural and Urban Development Minister Ignatius Chombo said apart from being illegal, the special tribunal was wasting council resources.
He said according to the Urban Councils Act, Mayor Muchadeyi Masunda and his council had no power to set up such a special tribunal.
In a letter to Mayor Masunda last Friday, Minister Chombo said any resolution council passes should not be “ultra vires” the powers of council in terms of the Act.
“The Urban Councils Act (Chapter 29:15) does not provide for the appointment of a special tribunal.
“The nature, functions, composition and procedures to be followed by the special tribunal set up by your council is akin to that given by the Act to investigators appointed in terms of Section 311 of the Act. It is clear that council has no power to make a resolution setting up the special tribunal,” read part of the letter.
Minister Chombo added that council had no powers to remunerate members of the tribunal.
“The resolution to appoint the tribunal and remunerate its members is therefore not in the interest of residents and ratepayers as it prioritises the payment of fees to the special tribunal, unlawfully appointed at the expense of service delivery,” read the letter.
“Council must forthwith rescind the resolution and recover fees paid to the members of the tribunal if any payments have been made so far.”
Council had approved the appointment of John Reid-Rowland to be the secretariat after it agreed that personnel for the secretariat had to be sourced from outside council.
Online Reporter