Former mayor challenges decision to surrender luxury vehicle

Midlands Bureau Chief
FORMER Gweru Mayor Josiah Makombe has approached the High Court challenging Gweru City Council’s decision to have him surrender a US$170 000 luxury Toyota Land Cruiser Prado which he claims was part of his exit package at the end of his tenure.

Mr Makombe surrendered himself and the vehicle to the police before he was taken to court for refusing to hand over the vehicle to GCC.

However, the matter failed to take off at the Gweru Magistrates Courts as prosecution said the matter was not ready for trial and will proceed through summons.

Mr Makombe has approached the High Court to determine the meaning of “end of term”. According to the court application dated March 2, Mr Makombe through his lawyers from Mabundu and Ndlovu Law Chambers is arguing that he had completed his term of office by virtue of being recalled and was entitled to purchase the vehicle at book value as part of his package.

“In the exercise of my duties as mayor, I was recalled in terms of Section 129 (K) of the Constitution. The recall meant that my said ‘end of term’ came.

Having reached the end of my term I awaited lawfully to be furnished by the 1st respondent with the book value quotation of the vehicle,” he said.

The former mayor, in the application is arguing that previous GCC mayors between 2013 to 2018 (Councillors Hamutendi Kombayi and Charles Chikozho) did not finish the Constitutional term which is five years but received packages when they went out of office.

Cllr Kombayi did not finish his term after he was fired by the then Minister of Local Government, Public Works and National Housing Saviour Kasukuwere in 2017 before he was reinstated by Bulawayo High Court judge Justice Nicholas Mathonsi the same year.

Cllr Chikozho was sworn in as mayor after the firing of Cllr Kombayi, but did not last as Kasukuwere then fired all councillors before installing a commission to run the affairs of the city.

Mr Makombe is arguing that Cllrs Kombayi and Chikozho received their cars as part of their packages at their “end of term” in the manner that was agreed.

“The point I make is that the drafters of the resolution were not creating ambiguity, the literal meaning of ‘end of term’ means exactly that which it means.

The attempt to give a meaning that is not literal is an afterthought and an anachronistic targeting of myself by political competitors. Hence the court in its fairness ought to intervene and declare rights,” argued Makombe.

He further made reference to the 687th ordinary council meeting held on June 3 last year which stated that a resolution was made for him to purchase the vehicle at book value.

“Contributing to debate Councillor Gideon Mugariri concurred with Councillor Trust Chineni who stated that council was supposed to purchase a vehicle for his Worship the Mayor Councillor Josiah Makombe in accordance with Ministerial Circular Number 6 of 2014.

He then proposed that the vehicle registration number AFF 6417, be seconded to the Mayor as his benefit as stipulated in the Ministerial Circular number 6 of 2014.

He felt that the Council was going to save from that decision instead of buying a new vehicle for the Mayor. And members concurred with the proposal,” argued the former mayor.

The application made reference to the Ministry of Local Government Public Works circular module of 2018 which permitted council to purchase a vehicle as part of the mayors package

“Following an intervention by the Urban Councils Association of Zimbabwe executive, the Honorable Minister has agreed that the mayor and chairperson of the urban council may, if the council sees fit, purchase the mayoral vehicle,” he said.

However, in the letter sent to Mr Makombe on February 23, through GCC lawyers Gundu, Dube and Pamacheche the local authority was arguing that the vehicle was meant to be used as a pool car and would be sold to him at the end of his constitutional five-year term which he did not complete.

“It is common cause that from 2018 to 11th December 2021, you occupied the position of a councillor for Ward 2, and by virtue of that position, you were voted to be mayor for Gweru City Council.

As you were aware, the above-stated motor vehicle was purchased for the office of the mayor for use as a pool vehicle and was subsequently seconded for both business and personal use with you being permitted to purchase the vehicle only at the end of the term of office at the prevailing book value.

“Our client’s position is that as you were recalled by the political party under which you contested you did not get to the ‘end of your term of office’.

It is quite clear that the term of office of a councillor and mayor in your case runs for five years from 2018 to 2023 in this case the implication, therefore, is that the option to purchase the motor vehicle is not available to you,” read the letter.