admin
Rural and Urban Development, Dr Ignatius Chombo, after he appointed a disabled person as a special interest councillor for the city.
In a letter dated 22 November last year, Dr Chombo appointed Mr Fidelis Fengu as a special interest councillor representing the disabled, in terms of Section 4A of the Urban Councils Act (Chapter 29:15).
The Act allows the Minister to elect special councillors in all local authorities, not exceeding one quarter of the councillors voted into office by residents.
However, councillors are contesting the move saying the Act allowed the Minister to use his discretion to select only seven councillors in Bulawayo, but Mr Fengu brought the number appointed so far, to nine.
Dr Chombo appointed eight special interest councillors to Bulawayo in 2008.
There are 29 council wards in Bulawayo.
Mr Fengu was reportedly turned away by Bulawayo chamber secretary Mrs Sikhangele Zhou when he turned up at her office demanding to immediately start work as a councillor.
Mrs Zhou explained that she needed an instruction from council to comply with the ministerial directive.
According to the latest council report, on 4 December at a council meeting, it was recommended that council should write to Dr Chombo seeking clarity on four issues.
“It should be clear whether he is withdrawing his 2008 appointments, if not, he should be advised that he had exceeded his threshold. One quarter of 29 councillors is seven, not nine.
“Alternatively, he should be requested to justify the appointment of the special interest councillor. Council would be basically challenging his discretion as unreasonable. Further, there is no logic in appointing special interest councillors now, because the present council has been in existence since 2008 and operating smoothly, surely the Minister did not require four years to fill the alleged gap,” read the report.
“Thirdly, council might consider taking the Minister to court challenging the manner in which he was exercising his discretion depending on his response to the second issue above.”
The final option was to accept Mr Fengu’s appointment and ask Dr Chombo to clarify what would happen to the other eight in order to keep within the threshold.
Councillors felt that Dr Chombo should clarify the issues before Mr Fengu could be allowed to assume duties.
At the meeting, Bulawayo Town Clerk, Mr Middleton Nyoni, reminded councillors that a resident, Mr Billy Ncube, had taken Dr Chombo to court challenging the 2008 appointments, seeking to know the criteria the Minister had used, saying that it was against the Act and that the Minister was occupying his office illegally and therefore, did not have authority to select the councillors.
He, however pointed out that Mr Ncube’s case had been weakened after Dr Chombo finally gazzeted the instrument granting him powers to make the appointments.
Contacted for comment, Mr Fengu said a special interest councillor for the disabled was necessary because the city was failing to cater for disabled residents.
“A majority of the buildings in the city are still not user friendly to people in wheelchairs or walking with crutches. We need to push for their recognition so that they can get assistance,” said Mr Fengu.
He said even if councillors may not want him, he was determined to work, with or without their assistance, to further the interests of the disabled.
Dr Chombo could not be reached for comment as he was said to be out of the country.
However, the Deputy Minister of Local Government, Rural and Urban Development, Sesel Zvidzai, said the councillors were right to demand an explanation from Dr Chombo.
“They are simply saying we should follow the law. This is a trivial issue that is now diverting the attention of councillors from their core business,” said Minister Zvidzai.
Online Reporter