Gweru councillors await ruling

Mashudu Netsianda Senior Court Reporter
BULAWAYO High Court judge Justice Nokuthula Moyo yesterday reserved judgment in the matter pitting suspended Gweru mayor Hamutendi Kombayi, 10 councillors and the Minister of Local Government, Public Works and National Housing, Cde Saviour Kasukuwere. Gweru city fathers filed an urgent chamber application in the High Court two weeks ago challenging the Minister’s decision to suspend them over graft allegations, among others.

Kombayi, deputy mayor Artwell Manyorauta and 14 councillors were indefinitely suspended on allegations of gross misconduct, incompetence and mismanagement. The councillors, who were suspended in terms of section 114 of the Urban Councils Act, are seeking an order declaring the suspension null and void.

They also want all disciplinary proceedings presided over by a tribunal appointed by the Minister to be halted pending the finalisation of the matter before the courts.

The applicants’ lawyer, Tonderai Chitere of Chitere, Chidawanyika and Partners said Minister Kasukuwere acted outside the law by appointing an independent tribunal to adjudicate their case.

He argued that Cde Kasukuwere had no right to abrogate himself the powers of Parliament.

“The minister suspended my clients using section 114 of the Urban Councils Act and set an independent tribunal. However, section 278 of the Constitution says only an Act of Parliament must establish a tribunal, the Minister doesn’t have the powers to set up an independent tribunal until that Act is aligned to the Constitution,” said Chitere.

In the court papers, the applicants cited Cde Kasukuwere, Midlands’ provincial administrator, Cecilia Chitiyo; Dr Luckson Chikumbirike, Goodwill Khosa and Nicholas Moyo, who are members of the tribunal, as respondents.

According to the letter signed by Minister Kasukuwere, Kombayi and the suspended councillors are not eligible to receive any form of remuneration from council or conduct any council business within or outside council premises during the period of suspension.