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Daniel Nemukuyu Senior Reporter
MDC-T today withdrew its application to compel the Ministry of Local Government, Urban and Rural Development to allow non-councilors to stand as mayoral candidates after realising that they had approached the wrong court. The party lawyers from Mwonzora and Associates, filed the urgent chamber application at the Electoral Court but Justice Lavender Makoni agreed with the lawyer for the Government Mr Joseph Mandizha that the court had no jurisdiction to hear the matter.
According to Mr Mandizha of Mandizha and Company, the matter had nothing to do with elections and instead it should have been filed at the High Court.
MDC-T lawyers then made a U-turn and quickly withdrew the application.
Two weeks ago, Secretary for Local Government Urban and Rural Development Mr Killian Mpingo instructed all provincial administrators to only consider candidates who are elected councilors for the mayoral posts.
Mr Mpingo instructed the administrators to ensure that those elected as mayors and chairpersons of councils come from elected councillors only when they preside over the inauguration of councils expected soon.
He spelt out the Government position basing his facts on Section 274 (2) as read with Sections 265(2) and 275 of the Constitution of Zimbabwe.
The directive sparked debate, with the MDC-T filing an urgent chamber application at the Electoral Court on Tuesday seeking to compel the outgoing Local Government, Rural and Urban Development Minister Ignatius Chombo to allow non-councillors to be elected as mayors and chairpersons of local authorities.
Speaking after the chamber application, Mr Mandizha said he raised three preliminary objections and the judge agreed with him on the second one of jurisdiction of the court.
“We raised three preliminary points before hearing the main case. Justice Makoni agreed with us that the matter was wrongly filed at the Electoral Court.
“The respondents (Ministry and provincial administrators) were arguing that the Electoral Court has no jurisdiction to grant the order sought.
“The applicants, after preliminary arguments, conceded that the court indeed did not have jurisdiction at all before withdrawing the matter. The party also tendered the wasted costs,” said Mr Mandizha.
MDC-T spokesperson and a principal at Mwonzora and Associates, Mr Douglas Mwonzora, confirmed the withdrawal of the case.
“Yes, we have withdrawn the matter at the advice of Justice Makoni who said that the Electoral Court had no jurisdiction to hear the matter,” he said.
Mr Mwonzora said the party was considering filing a fresh application at the High Court.
“We are now re-directing our application to the High Court,” he said.
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 mayorship.
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.
The party argues that mayors can be elected from persons who may not be elected councillors.
MDC-T argues that Section 277(2) of the Constitution states that non-executive mayors will be elected at the first sittings of the appropriate councils.
The party also argues that Section 49 of the Urban Councils Act, that provides for qualification of mayors, does not disqualify anybody who is not an elected councillor to stand as a mayor.
Section 103 of the Urban Councils Act, according to MDC-T, stipulates that mayors can be elected from councillors or other persons.
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