News / Local
Harare Residents says Kasukuwere has no authority to suspend mayor
22 Apr 2016 at 06:24hrs | Views
Harare Residents Trust has said the Minister of Local Government, Public Works and National Housing Saviours Kasukuwere does not have authority to suspend the Mayor of Harare in terms of the Constitution of Zimbabwe, Section 278 (2).
The trust indicated that it specifies that an Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing from office mayors, chairpersons and councillors, but any such removal must only be on the grounds of— inability to perform the functions of their office due to mental or physical incapacity; gross incompetence; gross misconduct; conviction of an offence involving dishonesty, corruption or abuse of office; or wilful violation of the law, including a local authority by-law.
"A mayor, chairperson or councillor of a local authority does not vacate his or her seat except in accordance with this section. Where a provision of the Urban Councils Act is inconsistent with the provisions of the Constitution, the Constitution takes precedence," said the trust.
"So Mayor Bernard Manyenyeni, you have to report for work in terms of the Constitution. Demand in writing that Kasukuwere expedites the alignment of the Urban Councils Act to the Constitution and expedite the process of establishing the Independent Tribunal to exercise the function of removing from office, Mayors, chairpersons and councillors on the grounds specified in Section 278."
The trust said the confusion reigning on what is supreme over the other is only being pursued by the Minister of Local Government, Public and National Housing desperate to impose his will on the citizens in Harare.
"The HRT rejects all attempts at subverting the Constitution of Zimbabwe, and calls on Minister Kasukuwere to desist from undermining our Constitution. He is not above the laws of Zimbabwe. Councillor Manyenyeni should not lose any of his deserved benefits from the City of Harare," said the trust.
The trust indicated that it specifies that an Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing from office mayors, chairpersons and councillors, but any such removal must only be on the grounds of— inability to perform the functions of their office due to mental or physical incapacity; gross incompetence; gross misconduct; conviction of an offence involving dishonesty, corruption or abuse of office; or wilful violation of the law, including a local authority by-law.
"A mayor, chairperson or councillor of a local authority does not vacate his or her seat except in accordance with this section. Where a provision of the Urban Councils Act is inconsistent with the provisions of the Constitution, the Constitution takes precedence," said the trust.
"So Mayor Bernard Manyenyeni, you have to report for work in terms of the Constitution. Demand in writing that Kasukuwere expedites the alignment of the Urban Councils Act to the Constitution and expedite the process of establishing the Independent Tribunal to exercise the function of removing from office, Mayors, chairpersons and councillors on the grounds specified in Section 278."
The trust said the confusion reigning on what is supreme over the other is only being pursued by the Minister of Local Government, Public and National Housing desperate to impose his will on the citizens in Harare.
"The HRT rejects all attempts at subverting the Constitution of Zimbabwe, and calls on Minister Kasukuwere to desist from undermining our Constitution. He is not above the laws of Zimbabwe. Councillor Manyenyeni should not lose any of his deserved benefits from the City of Harare," said the trust.
Source - Byo24News
