High Court orders Kombayi reinstatement

Patrick Chitumba Midlands Bureau Chief Former Gweru mayor Mr Hamutendi Kombayi and Mr Kenneth Sithole are set to be reinstated to their former positions having won their case challenging their dismissal from council after a Bulawayo High Court judge ruled in their favour on Tuesday. The two councillors have been contesting their sacking from council early this year. In his judgment dated October 31, 2017, Bulawayo High Court judge Justice Nicholas Mathonsi set aside the decision by an independent tribunal, which recommended the sacking of the two councillors. Justice Mathonsi also ordered the reinstatement of the duo of Mr Kombayi and Mr Sithole as mayor and councillor respectively. Local Government, Public Works and National Housing Minister Saviour Kasukuwere fired Cllrs Kombayi and Sithole following recommendations made by the independent tribunal chaired by Mr Isaac Muzenda early this year.

The tribunal found them guilty of gross incompetence, maladministration and abuse of office. Minister Kasukuwere reprimanded 10 other councillors that were also in the firing line and reinstated them to their positions. Cllr Charles Chikozho, who was among the 10 councillors who were reprimanded, was then elected Gweru mayor. “It is ordered that, the decision of the first respondent (the independent tribunal) be and is hereby set aside…the convictions of the applicants be and are hereby set aside and quashed.

The first and second applicants (Kombayi and Sithole) are hereby reinstated to their positions as councillors of the City of Gweru forthwith, without any loss of allowances and benefits. The fifth respondent (Minister Kasukuwere) shall bear the costs of this application,” said Justice Mathonsi in his judgment. Mr Kombayi said they were going to engage the Ministry of Local Government, Public Works and National Housing on the way forward. “Obvious we are happy about the outcome, but we feel justice was delayed and we are going to engage the ministry on the way forward,” he said.