Ncube takes Kambarami to court

Vusumuzi Dube, Online News Editor

THE ongoing tussle for the Bulawayo Deputy Mayor position today took a dramatic twist after ward one councilor, Mlandu Ncube took ward three councillor, Tinashe Kambarami to court arguing that the latter was interfering with his duties.

The two have been in a tug-of-war for the position ever since the High Court passed an order reinstating Clr Kambarami as the councilor for ward three.

Clr Kambarami has also argued that the judgement also meant he was to be reinstated as the substantive Deputy Mayor.

Council lawyers, Coghlan and Welsh last week also weighed in on the issue, advising council that Clr Kambarami should be reinstated to the position.

Clr Ncube has said made a High Court application seeking a declaratory order and ancillary relief against Clr Kambarami and the Minister of Local Government and Public Works, Hon July Moyo.

In his application, Clr Ncube notes that Clr Kambarami has resorted to interfering with council meetings and threatening violence against him and Bulawayo Mayor, Clr Solomon Mguni.

“The First Respondent (Clr Kambarami) has over the past weeks confronted the Mayor of the City of Bulawayo, His Worship Councillor Solomon Mguni and the Town Clerk and the Chamber Secretary arguing that he must be reinstated as Deputy Mayor with full benefits in terms of the Urban Councils Act. He has also resorted to interfering with Council meetings and threatened violence against me and the Mayor of Bulawayo.

“I am seeking a Declaratory Order confirming that the Court Order under HC 989/21 relates to reinstatement of the 1st Respondent only in his capacity as Councillor for Ward three and it does not extend to resumption of duties as Deputy Mayor of the City of Bulawayo and I am fortified in my interpretation of the Court Order HC 989/21,” reads part of the application.

He further argues that the resumption of duties only refers to the resumption of Clr Kambarami’s duties as Councillor of Ward three and not in the office of the Deputy Mayor, noting that if the court wanted Clr Kambarami to resume duties, as Deputy Mayor, the order would not be ambiguous, but clearly specific.

“Further and in any event, the First Respondent’s Application under HC 989/21 had everything to do with reinstatement as a Councillor and not as a Deputy Mayor. The 1st Respondent’s predicament both with the Movement for Democratic Change (T) and also relating to his theft case which led to the Justice Mabhikwa order had nothing to do with the office of the Deputy Mayor but specifically with his direct election as Councillor on the 30th of July 2018. In any event, it is the Councillors who elect a Mayor and Deputy Mayor to those offices in terms of the Urban Councils Act once a vacancy arises,” reads the application.