News / Local
BCC faces possible dissolution
02 Aug 2015 at 10:06hrs | Views
BULAWAYO City Council (BCC) faces possible dissolution after the Affirmative Action Group (AAG) filed an urgent Chamber application with the High Court for Government to suspend all councillors and appoint a commission of inquiry to investigate alleged tender irregularities at the local authority.
This comes a few weeks after this publication unearthed a string of corruption cases within the BCC.
The AAG, through their lawyer, Mr Dumisani Dube of Mathonsi and Ncube Law Chambers, filed their application on Friday, before Justice Maxwell Takuva under High Court number HC2049/15.
Minister of Local Government, Public Works and National Housing Saviour Kasukuwere and Bulawayo Provincial Administrator Ms Khonzani Ncube were cited as first and second respondents respectively.
In the pressure group's founding affidavit, it alleges that the local authority has tenders worth $8 749 914 that have serious irregularities due to massive corruption, nepotism, negligence and collusion of Bulawayo City Council officials.
"For example, a tender for rehabilitation of filter beds and clarifiers to Tzicalle Brothers had been officially awarded to Consolidated Engineers and Merchants (CEM), at a cost of $4,5 million. The previous contractor, that is CEM was paid the money but did no work, only for the same tender to be awarded to Tzicalle Brothers at a cost of $2,5 million.
The net effect of this corruption and negligence is that in the last five years Bulawayo water has remained brownish and not safe for consumption.
"More so, from the perusal of the council confidential report, there has been gross irregularities, abuse of office and maladministration in the awarding of over 700 high density stands in Pumula South phase three, 391 Emhlangeni stands, 303 Mahatshula North stands. I am advised that this further militates against our members' constitutional rights to shelter as provided for in Section 28 of the Constitution of Zimbabwe," noted Mr Dube.
AAG further notes that the councillors grossly failed in their expected duty of representing residents of Bulawayo by failing to prevent corruption in the running of affairs at City Hall.
"According to Section 194 of the Constitution of Zimbabwe basic values and principles governing public administration, that is, Section (1)(a), (b), (c), (d) and (e) all tiers of Government including Bulawayo City Council are duty bound to foster efficiency, transparency, fairness and equality. More so, the Respondents are duty bound to respond to our needs as the citizens and the ratepayers.
"It is clear that the First Respondent's subordinates have contravened the Prevention of Corruption Act, Section 120(8) of the Urban Councils Act, Section 194(1) of the Constitution of Zimbabwe. I submit that an appropriate case has been made out for the First Respondent to be compelled to exercise discretion under Section 114 of the Urban Councils Act and suspend Bulawayo City Councillors and set up a commission of inquiry in the allegations raised above," noted the pressure group.
In one of the annexures attached to the application, the town clerk, Mr Middleton Nyoni, on 15 July claimed that the corruption allegations made by AAG were being investigated but does not state what course of action was being taken.
"We acknowledge receipt of your letter dated 13 July 2015 and its contents were noted. The issues that were raised in the Sunday News are currently receiving our attention. Please kindly note that council considers the allegations serious and is therefore treating the matter with the urgency that it deserves," wrote Mr Nyoni.
In the draft Provisional Order, Minister Kasukuwere and Ms Ncube will be given seven days to file opposing papers.
The AAG last week issued the city's Mayor Councillor Martin Moyo an ultimatum to explain a number of tender allegations levelled against the local authority, with the same group also petitioning the local authority following alleged widespread tender irregularities involving the local authority.
The group was irked by reports that contracts with a combined value of about $8,7 million were re-tendered or extended after winning companies either disappeared or failed to complete projects.
It was alleged that defaulting companies were working in cahoots with senior council officials who played both tender adjudication and supervisory roles, creating fertile ground for manipulation in the bidding process.
Efforts to get a comment from Clr Moyo on the latest development were fruitless as his mobile phone went unanswered.
This comes a few weeks after this publication unearthed a string of corruption cases within the BCC.
The AAG, through their lawyer, Mr Dumisani Dube of Mathonsi and Ncube Law Chambers, filed their application on Friday, before Justice Maxwell Takuva under High Court number HC2049/15.
Minister of Local Government, Public Works and National Housing Saviour Kasukuwere and Bulawayo Provincial Administrator Ms Khonzani Ncube were cited as first and second respondents respectively.
In the pressure group's founding affidavit, it alleges that the local authority has tenders worth $8 749 914 that have serious irregularities due to massive corruption, nepotism, negligence and collusion of Bulawayo City Council officials.
"For example, a tender for rehabilitation of filter beds and clarifiers to Tzicalle Brothers had been officially awarded to Consolidated Engineers and Merchants (CEM), at a cost of $4,5 million. The previous contractor, that is CEM was paid the money but did no work, only for the same tender to be awarded to Tzicalle Brothers at a cost of $2,5 million.
The net effect of this corruption and negligence is that in the last five years Bulawayo water has remained brownish and not safe for consumption.
"More so, from the perusal of the council confidential report, there has been gross irregularities, abuse of office and maladministration in the awarding of over 700 high density stands in Pumula South phase three, 391 Emhlangeni stands, 303 Mahatshula North stands. I am advised that this further militates against our members' constitutional rights to shelter as provided for in Section 28 of the Constitution of Zimbabwe," noted Mr Dube.
AAG further notes that the councillors grossly failed in their expected duty of representing residents of Bulawayo by failing to prevent corruption in the running of affairs at City Hall.
"According to Section 194 of the Constitution of Zimbabwe basic values and principles governing public administration, that is, Section (1)(a), (b), (c), (d) and (e) all tiers of Government including Bulawayo City Council are duty bound to foster efficiency, transparency, fairness and equality. More so, the Respondents are duty bound to respond to our needs as the citizens and the ratepayers.
"It is clear that the First Respondent's subordinates have contravened the Prevention of Corruption Act, Section 120(8) of the Urban Councils Act, Section 194(1) of the Constitution of Zimbabwe. I submit that an appropriate case has been made out for the First Respondent to be compelled to exercise discretion under Section 114 of the Urban Councils Act and suspend Bulawayo City Councillors and set up a commission of inquiry in the allegations raised above," noted the pressure group.
In one of the annexures attached to the application, the town clerk, Mr Middleton Nyoni, on 15 July claimed that the corruption allegations made by AAG were being investigated but does not state what course of action was being taken.
"We acknowledge receipt of your letter dated 13 July 2015 and its contents were noted. The issues that were raised in the Sunday News are currently receiving our attention. Please kindly note that council considers the allegations serious and is therefore treating the matter with the urgency that it deserves," wrote Mr Nyoni.
In the draft Provisional Order, Minister Kasukuwere and Ms Ncube will be given seven days to file opposing papers.
The AAG last week issued the city's Mayor Councillor Martin Moyo an ultimatum to explain a number of tender allegations levelled against the local authority, with the same group also petitioning the local authority following alleged widespread tender irregularities involving the local authority.
The group was irked by reports that contracts with a combined value of about $8,7 million were re-tendered or extended after winning companies either disappeared or failed to complete projects.
It was alleged that defaulting companies were working in cahoots with senior council officials who played both tender adjudication and supervisory roles, creating fertile ground for manipulation in the bidding process.
Efforts to get a comment from Clr Moyo on the latest development were fruitless as his mobile phone went unanswered.
Source - sundaynews
