Deputy minister advised not to meddle

has said Deputy Minister Sessel Zvidzai is not empowered by any Act of Parliament to meddle in the terms of office of councillors.
Deputy Minister Zvidzai recently claimed in the media that Local Government Minister Ignatius Chombo’s recent sacking of two MDC-T councillors in Harare and one from Zanu-PF in Manyame Rural District Council was null because they were done without his knowledge.
However, in letters to Harare town clerk Dr Tendai Mahachi and Manyame RDC chief executive Ms Flora Guta, Mr Mpingo dismissed this claim.
“The decision made by the Honourable Minister to dismiss the two (Harare councillors Warship Dumba and Casper Takura) is legally binding and shall stand as such until reversed by a competent court of law.
“Thus the views expressed by the Honourable Deputy Minister of Local Government, Rural and Urban Development or any other person for that matter regarding the dismissals are a nullity at law,” he said.
He said the same thing about the dismissal of Clr Clever Manhombo.
Mr Mpingo said proper procedures were followed.
In a full council meeting last Thursday, Harare Mayor Muchadeyi Masunda said they would “not get caught in the crossfire”.
“From a strict Urban Councils Act point of view that letter (dismissal) can only be reversed by a competent court . . .
“Let the law take its course,” he said.
A legal opinion by the city lawyers to Mr Masunda confirmed the same position.
“As long as the Minister’s position has not been revoked by a competent court, the decision is binding on council and council has no discretion, but to implement the Minister’s decision.
“The concerned councillor is barred from conducting council business because his/her seat will be vacant”.
The city lawyers contented that in terms of the law the only person with power to suspend, discipline and dismiss a councillor is the minister.
“Council has no such power. Once a councillor is dismissed by the minister, council has no discretion but to abide by the Minister’s decision”.
The lawyers said the aggrieved councillors could seek a review in the High Court.
Dumba and Takura were fired after they were found guilty of dishonesty, fraud and mismanagement while Manhombo was dismissed for misconduct related to the demolition of villagers’ houses in violation of council procedures.
This is the second time Manhombo has been fired as a councillor.
Dismissed councillors are not allowed to seek election into public office for five years.