Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
THE High Court has ordered an independent tribunal that recommended the axing of former Bulawayo deputy mayor Mr Gift Banda to immediately release a record of its proceedings pending the review of the matter.
Mr Banda who was sacked from council by the Minister of Local Government, Public Works and National Housing Minister Saviour Kasukuwere following recommendations made by the independent tribunal, is challenging his dismissal.
Mr Banda was fired in February this year together with Ward 21 Councillor Reuben Matengu after appearing before the independent tribunal for gross misconduct and mismanagement following their suspension in September 2016.
In papers before the High Court, Mr Banda cited Minister Kasukuwere, Bulawayo City Council, the independent tribunal and its members Advocate Hilda Makusha Moyo, Midard Khumalo and Lucy Manhokwe as respondents.
Bulawayo High Court judge Justice Nicholas Mathonsi ordered the independent tribunal to immediately release the record of proceedings of the hearing following an application by Mr Banda.
The fired deputy mayor through his lawyers TJ Mabhikwa and Partners sought an order directing the independent tribunal to release the record of proceedings pending an application for review of the decision by Minister Kasukuwere to fire him.
In his application for review, Mr Banda wants the court to reinstate him without any loss of allowances and benefits.
Mr Banda was found guilty of unprocedurally getting a lease for the construction of a social club at Hume Park but was exonerated in the purchase of a piece of land at Ascot race course for the construction of town houses.
Mr Matengu on the other hand was found guilty of selling a residential stand in Southwold suburb, which he had bought under a special facility which gave him a 40 percent discount on the purchase price. He was not supposed to resell it according to the agreement of sale.
In his founding affidavit, Mr Banda said the tribunal erred when it found him guilty of gross misconduct, arguing that its decision was premised on irregular and unreasonable findings.
“The basis of this application is that the decision of the first respondent (independent) finding me guilty of an act of gross misconduct in the acquisition of lease by Entertainment Headquarters is grossly irregular and unreasonable.
“It is premised on the independent tribunal’s grossly irregular and unreasonable finding that by co-signing the application for a lease by Entertainment Headquarters I wanted to influence the decision on the application yet council did not approve or grant the application, which I had co-signed,” he said.
Mr Banda said he co-signed an application for lease for Entertainment Headquarters in respect of the construction of a social club situated between 2nd and 4th Avenue along Samuel Parirenyatwa Street in Bulawayo. He said the application was unsuccessful.
He said there was no evidence that he tried to influence the process.
“In fact, evidence before the tribunal proved that procedure was religiously followed in the application made by Entertainment Headquarters, and there was no evidence of interference by myself with the processing of the application. The decision of the tribunal is not supported by evidence in the record of proceedings which is incomplete and inconclusive,” he said.—@mashnets.
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