Mashudu Netsianda Senior Court Reporter
BULAWAYO High Court judge Justice Nokuthula Moyo yesterday postponed hearing in the matter of suspended Gweru mayor Hamutendi Kombayi and his 10 councillors to September 22. The Minister of Local Government, Public Works and National Housing, Cde Saviour 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 led by 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 stayed pending the 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 putting himself above 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, Luckson Chikumbirike, Goodwill Khosa and Nicholas Moyo as respondents. Kombayi, in his founding affidavit, said Minister Kasukuwere’s decision to suspend them was unconstitutional 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. It’s evident that a material error of law has occurred in the discharge of first respondent’s (Minister Kasukuwere) duties or responsibilities,” said Kombayi.
He further contended that there was no legal basis for Chitiyo to press charges against the applicants. The applicants further alleged that the convening and sitting of the tribunal comprising Chikumbirike, Khosa and Moyo is unlawful, wrongful and a continuation of violation of their rights.