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Daniel Nemukuyu Senior Court Reporter
Fired Chitungwiza Ward 25 Zanu-PF councillor Dr Fredrick Mabamba, who was accused of being the chief architect of land allocation scams in the town, yesterday mounted an application at the Constitutional Court contesting his dismissal.
Local Government, Public Works and National Housing Minister Dr Ignatius Chombo on May 23 this year dismissed Dr Mabamba from council after he was convicted of gross mismanagement of council affairs by a disciplinary tribunal.
His dismissal had been recommended by a board of enquiry in terms of Section 114(i) of the Urban Councils Act (Chapter 29:15).
Dr Mabamba, through his lawyer, Mr Charles Chikore of C. Mutshahuni Chikore and Partners, argued that the suspension and subsequent dismissal were all premised on Section 114 (3) and (4) of the Urban Councils Act, which is at variance with the new Constitution of Zimbabwe.
He sought an order declaring Section 114(3) and (4) as unconstitutional and he wants the court to reinstate him as a councillor.
Dr Mabamba also sought nullification of Minister Chombo’s decision and the enquiry conducted, arguing that they were all unconstitutional.
“I am aggrieved by the manner in which I was dismissed in that:
“The second respondent (Minister Chombo) before dismissing me, appointed a board of inquiry, which recommended my dismissal as councillor and that such power emanated from Section 114(i) of the Urban Councils Act.
“The minister after an inquiry by the board finally dismissed me in terms of Section 114(4) of the same Act.
“The conduct of the minister in so doing, was in contravention of the Section 278(2) and (3) of the Constitution.”
Section 278 (2) and (3) of the Constitution stipulates that an independent tribunal should be set up to exercise the function of removing a mayor, chairperson and councillors and Dr Mabamba argued that the tribunal that dealt with his case was not independent because the members were appointed by Minister Chombo.
He argued that two of the committee members were from the Ministry of Local Government, Public Works and National Housing, while the chairperson was also someone appointed by Minister Chombo.
Dr Mabamba, through his United We Stand Housing Co-operative, is fingered in the audit report of being the chief “land baron” in the illegal allocation of more than 8 000 residential stands to desperate home-seekers in Chitungwiza, an allegation he denies.
Online Reporter