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Daniel Nemukuyu Senior Reporter
THE High Court will tomorrow hear the case in which MDC-T is seeking an order compelling Government to accept the appointment of non-councillors as mayors in various cities and towns countrywide.MDC-T lawyers last Wednesday withdrew the first application from the Electoral Court after realising they had approached the wrong court.
Last Friday, lawyers from Mwonzora and Associates redirected the same application to the High Court. Justice Francis Bere is expected to hear the matter in his chambers tomorrow morning.
Harare lawyer Mr Joseph Mandizha, who is representing outgoing Local Government, Rural and Urban Development Minister Ignatius Chombo; secretary Mr Killian Mpingo and the two provincial administrators for Harare and Bulawayo, filed a notice of opposition yesterday afternoon.
Mr Mpingo deposed an affidavit describing the application as a mischievous venture that shows lack of seriousness.
“I submit therefore that it will be noted that applicant is either totally lacking seriousness or is just being mischievous. Its reading of Section 277(2) of the Constitution is plainly wrong and misplaced,” read the affidavit. The ministry urged the court to express its displeasure by dismissing the application with costs on a higher scale.
MDC-T wants the court to direct the Government to allow non-councillors to stand as mayoral candidates.
Two weeks ago, Mr Mpingo instructed all provincial administrators to only consider candidates who are elected councillors for mayoral posts.
He spelt out the Government position basing his facts on Section 274 (2) as read with Sections 265 (2) and 275 of the Constitution.
The directive sparked debate, with MDC-T filing an urgent chamber application in the Electoral Court on Tuesday seeking to compel Minister Chombo to allow non-councillors to be elected as mayors and chairpersons of local authorities.
MDC-T secretary for local government Mr Blessing Chebundo deposed an affidavit on behalf of the party indicating that they had already held their caucus to select mayoral candidates for all cities, including Harare and Bulawayo and that some of the preferred candidates were not elected councillors.
When Government took a position on the qualification of mayors, MDC-T had already convened a caucus and selected outgoing Justice and Legal Affairs Deputy Minister Obert Gutu, a lawyer, as nominee for Harare mayor.
It also hand-picked National University of Science and Technology lecturer Mr Mandla Nyathi as the new Bulawayo mayor.
MDC-T went further and nominated its Chitungwiza deputy spokesperson Mr Isaac Manyemba for mayor of the town.
Online Reporter