News / Local
AAG want Bulawayo council dissolved
30 Aug 2015 at 04:57hrs | Views
THE Affirmative Action Group (AAG) on Friday filed a Constitutional Court application seeking an order compelling the Minister of Local Government, Urban and Rural Development, Saviour Kasukuwere, to set up a commission of inquiry to investigate the affairs of Bulawayo City Council which has been accused of massive corruption.
The application follows a chamber application the pressure group filed at the Bulawayo High Court early this month, imploring Kasukuwere and Provincial Administrator for Bulawayo Province Ms Khonzani Ncube to exercise their discretionary powers in terms of Section 114 of the Urban Councils Act (Chapter 29: 15) and to dissolve BCC, citing corruption, abuse of office and maladministration by both council officials and councillors.
Kasukuwere, the Comptroller and Auditor General Mrs Mildred Chiri, Ms Ncube and BCC are cited as first, second, third and fourth respondents.
The AAG said failure by Kasukuwere to suspend BCC or set up a commission of inquiry within seven days of granting of the order, Mrs Chiri should be ordered to exercise her duties in terms of Section 309 (2) of the Constitution of Zimbabwe and audit the accounts, financial systems and financial management of the City of Bulawayo and take necessary measures to rectify any defects in the management and safeguard public funds and public property.
In his founding affidavit, AAG principal officer Mr Silani Mtshiya said on or about 20 July his organisation received an extract of the minutes of the proceedings of council as provided for under Section 89(5) of the Urban Councils Act detailing massive corruption and ills in BCC.
"The applicant (AAG) then subsequently made a formal complaint to the chamber secretary of Bulawayo City Council and there has been no favourable response from the city council save for a letter of acknowledgment. Bulawayo City Council tenders worth US$8 749 914,52 have had serious irregularities due to massive corruption, nepotism, negligence and collusion by Bulawayo City Council officials," said Mr Mtshiya.
"For example a tender for rehabilitation of filter beds and clarifiers to Tzircalle Brothers had been officially awarded to Consolidated Engineers and Merchants (CEM) at a cost of US$4,5 million. The previous contractors that is CEM, was paid the money for the same tender awarded to Tzircalle Brothers at costs of US$2,5 million (but did not work). 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."
He said in light of the "averments supra", the right to safe clean and potable water as provided in Section 77 of the Constitution of Zimbababwe was greatly compromised.
"Further according hereto tender C32/2010 for the rehabilitation of plant two to Hydro-Projects has remained incomplete under unclear circumstances. More so, from perusal of the confidential reports alluded to, there have been gross irregularities, abuse of office and maladministration in the award of over 700 high density stands in Pumula South phase 3, 391 Emhlangeni stands and 303 Mahatshula North stands. I am advised that this further militates against our members' constitutional rights to shelter as provided of in section 28 of the Constitution of Zimbabwe," he said.
Meanwhile, AAG has accused BCC of jumping the gun by holding a press conference last week with the media on issues it had not responded to in court, arguing that the whole process was sub judice.
In a statement, the pressure group said BCC should have waited for the court process to take its course.
"Most of the issues they decided to respond to in the press conference are issues which were raised in our High Court application which BCC should have responded to in court.
"We are saying they have jumped the gun in that effect and it's against the tenets of corporate governance," said AAG.
The pressure group said their allegations were not baseless as they have evidence against all the people they are accusing of corruption. We have video footages, voice recordings and documents as evidence against these people we are accusing of corruption. We urge BCC not to talk on behalf of these people because what they did was just cherry picking allegations which they wanted to respond to, leaving many serious issues without answers."
If the application by the AAG succeeds it will most likely see the tenure in office of Bulawayo's 29 councillors, all of whom were elected to office on a Movement for Democratic Change (MDC-T) ticket, cut abruptly before the expiration of their terms.
The application follows a chamber application the pressure group filed at the Bulawayo High Court early this month, imploring Kasukuwere and Provincial Administrator for Bulawayo Province Ms Khonzani Ncube to exercise their discretionary powers in terms of Section 114 of the Urban Councils Act (Chapter 29: 15) and to dissolve BCC, citing corruption, abuse of office and maladministration by both council officials and councillors.
Kasukuwere, the Comptroller and Auditor General Mrs Mildred Chiri, Ms Ncube and BCC are cited as first, second, third and fourth respondents.
The AAG said failure by Kasukuwere to suspend BCC or set up a commission of inquiry within seven days of granting of the order, Mrs Chiri should be ordered to exercise her duties in terms of Section 309 (2) of the Constitution of Zimbabwe and audit the accounts, financial systems and financial management of the City of Bulawayo and take necessary measures to rectify any defects in the management and safeguard public funds and public property.
In his founding affidavit, AAG principal officer Mr Silani Mtshiya said on or about 20 July his organisation received an extract of the minutes of the proceedings of council as provided for under Section 89(5) of the Urban Councils Act detailing massive corruption and ills in BCC.
"The applicant (AAG) then subsequently made a formal complaint to the chamber secretary of Bulawayo City Council and there has been no favourable response from the city council save for a letter of acknowledgment. Bulawayo City Council tenders worth US$8 749 914,52 have had serious irregularities due to massive corruption, nepotism, negligence and collusion by Bulawayo City Council officials," said Mr Mtshiya.
"For example a tender for rehabilitation of filter beds and clarifiers to Tzircalle Brothers had been officially awarded to Consolidated Engineers and Merchants (CEM) at a cost of US$4,5 million. The previous contractors that is CEM, was paid the money for the same tender awarded to Tzircalle Brothers at costs of US$2,5 million (but did not work). 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."
He said in light of the "averments supra", the right to safe clean and potable water as provided in Section 77 of the Constitution of Zimbababwe was greatly compromised.
"Further according hereto tender C32/2010 for the rehabilitation of plant two to Hydro-Projects has remained incomplete under unclear circumstances. More so, from perusal of the confidential reports alluded to, there have been gross irregularities, abuse of office and maladministration in the award of over 700 high density stands in Pumula South phase 3, 391 Emhlangeni stands and 303 Mahatshula North stands. I am advised that this further militates against our members' constitutional rights to shelter as provided of in section 28 of the Constitution of Zimbabwe," he said.
Meanwhile, AAG has accused BCC of jumping the gun by holding a press conference last week with the media on issues it had not responded to in court, arguing that the whole process was sub judice.
In a statement, the pressure group said BCC should have waited for the court process to take its course.
"Most of the issues they decided to respond to in the press conference are issues which were raised in our High Court application which BCC should have responded to in court.
"We are saying they have jumped the gun in that effect and it's against the tenets of corporate governance," said AAG.
The pressure group said their allegations were not baseless as they have evidence against all the people they are accusing of corruption. We have video footages, voice recordings and documents as evidence against these people we are accusing of corruption. We urge BCC not to talk on behalf of these people because what they did was just cherry picking allegations which they wanted to respond to, leaving many serious issues without answers."
If the application by the AAG succeeds it will most likely see the tenure in office of Bulawayo's 29 councillors, all of whom were elected to office on a Movement for Democratic Change (MDC-T) ticket, cut abruptly before the expiration of their terms.
Source - sundaynews
