adminMashudu Netsianda Senior Court Reporter
SUSPENDED Gweru Mayor Hamutendi Kombayi and 10 councillors have dragged the Minister of Local Government, Public Works and National Housing, Cde Saviour Kasukuwere to court challenging his decision to remove them from office. Minister Kasukuwere last month indefinitely suspended Kombayi, his deputy Artwell Manyorauta and 14 councillors on allegations of gross misconduct, incompetence and mismanagement of council funds and affairs.
The councillors and Hamutendi on Tuesday filed an urgent chamber application at the Bulawayo High Court seeking an order declaring Minister Kasukuwere’s letter to suspend them null and void. The councillors also want all disciplinary proceedings presided over by a tribunal appointed by the Minister to be stopped, pending finalisation of the matter.
Minister Kasukuwere suspended the councillors in terms of section 114 of the Urban Councils Act. The councillors, through their lawyers Chitere, Chidawanyika and Partners, are accusing Minister Kasukuwere of acting outside the law by appointing an independent tribunal to adjudicate their case, arguing that he had no right to assume the powers of Parliament.
In the court papers, the applicants cited Kasukuwere, Midlands’ provincial administrator Cecilia Chitiyo, the commissioners presiding over the tribunal – Luckson Chikumbirike, Goodwill Khosa and Nicholas Moyo, as respondents.
Kombayi, in his founding affidavit, said Minister Kasukuwere’s decision to suspend them was unconstitutional.
“I submit that once elected into office, a councillor can only be removed from office in terms of section 278 of the Constitution of Zimbabwe (Amendment Number 20). It’s clear that an Act of Parliament must establish an independent tribunal to adjudicate over any allegations levelled against the councillors and mayor of any local authority which has a bearing on removal from office,” said Kombayi.
“It’s evident that a material error of law has occurred in the discharge of first respondent’s (Minister Kasukuwere) duties or responsibilities.”
Kombayi further contended that there was no legal basis for Chitiyo to press charges against the applicants.
“The administrative action by second respondent (Chitiyo) has no legal foundation in our law and that decision has fundamentally affected our rights, interests and legitimate expectations as elected councillors. We stand to suffer irreparable prejudice if the proceedings before the tribunal are allowed to proceed,” he argued.
The applicants further alleged that the convening and sitting of the tribunal comprising Chikumbirike, Khosa and Moyo is an unlawful, wrongful and continuation of a violation of their rights.
“In all probabilities of the matter, it should be treated as urgent. It’s in the interest of justice that this honourable court make a pronouncement on the actions of the first respondent and protect the applicants and those they represent,” argued Kombayi.
The matter has been set down for hearing today before Justice Nokuthula Moyo.
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