News / National
Court ultimatum for Zanu-PF official
07 Aug 2018 at 07:17hrs | Views
THE Supreme Court has ruled that it is unconstitutional for Binga Rural District Council chief executive officer, Joshua Muzamba to occupy the position while he is a member of the Zanu-PF Central Committee.
The court said Muzamba must either resign as a Zanu-PF Central Committee member or quit being Binga RDC's chief executive officer as he cannot occupy both positions at the same time.
The Supreme Court said this while nullifying Bulawayo High Court judge Justice Martin Makonese's decision to dismiss an application by re-elected MP for Binga North Mr Prince Dubeko Sibanda who wanted Muzamba to relinquish his council position on grounds that he was a Zanu-PF Central Committee member.
In November 2016, Bulawayo High Court judge Justice Martin Makonese dismissed Mr Sibanda's court application in which he sought an order compelling Muzamba to resign as the council boss on the basis that he was still a member of the Zanu-PF Central Committee. Mr Sibanda through his lawyers, Phulu and Ncube, challenged the election of Muzamba to Zanu-PF's Central Committee, arguing that it was in violation of section 266(3) of the Constitution.
Justice Anne-Mary Gowora, who was sitting with Justices Ben Hlatshwayo and Lavender Makoni during a Supreme Court circuit in Bulawayo set aside Justice Makonese's judgment. Justice Gowora's ruling follows an appeal at the Supreme Court by Mr Sibanda challenging the decision of the lower court citing Muzamba and Binga RDC as respondents Justice Gowora said Muzamba having assumed a political office is barred in terms of section 266 (3) of the constitution from maintaining employment in whatever capacity with Binga RDC.
"The first respondent (Muzamba) is granted an option to either relinquish his position as a member of the Zanu-PF Central Committee or in the alternative to resign from his position as Binga RDC's chief executive officer within three months of the date of this order," ruled the judge.
In dismissing Mr Sibanda's application, Justice Makonese said the applicant failed to interpret the provisions of the Constitution prohibiting employees of local authorities from holding office in a political party. He said Mr Sibanda failed to establish that Muzamba's employment as council CEO violates the provisions of the Constitution. In his heads of argument, Mr Sibanda argued that Muzamba was in breach of the Constitution. He argued that holding office in a political party by employees of local authorities compromised service delivery.
"The constitution outlaws the holding of a political party office by council employees, primarily because they have to serve all manner of people even those of different political parties and persuasions," said Mr Sibanda.
The MP wanted the court to order Muzamba to immediately vacate the office of CEO of Binga RDC if he doesn't relinquish his post as Zanu-PF Central Committee member.
The court said Muzamba must either resign as a Zanu-PF Central Committee member or quit being Binga RDC's chief executive officer as he cannot occupy both positions at the same time.
The Supreme Court said this while nullifying Bulawayo High Court judge Justice Martin Makonese's decision to dismiss an application by re-elected MP for Binga North Mr Prince Dubeko Sibanda who wanted Muzamba to relinquish his council position on grounds that he was a Zanu-PF Central Committee member.
In November 2016, Bulawayo High Court judge Justice Martin Makonese dismissed Mr Sibanda's court application in which he sought an order compelling Muzamba to resign as the council boss on the basis that he was still a member of the Zanu-PF Central Committee. Mr Sibanda through his lawyers, Phulu and Ncube, challenged the election of Muzamba to Zanu-PF's Central Committee, arguing that it was in violation of section 266(3) of the Constitution.
Justice Anne-Mary Gowora, who was sitting with Justices Ben Hlatshwayo and Lavender Makoni during a Supreme Court circuit in Bulawayo set aside Justice Makonese's judgment. Justice Gowora's ruling follows an appeal at the Supreme Court by Mr Sibanda challenging the decision of the lower court citing Muzamba and Binga RDC as respondents Justice Gowora said Muzamba having assumed a political office is barred in terms of section 266 (3) of the constitution from maintaining employment in whatever capacity with Binga RDC.
"The first respondent (Muzamba) is granted an option to either relinquish his position as a member of the Zanu-PF Central Committee or in the alternative to resign from his position as Binga RDC's chief executive officer within three months of the date of this order," ruled the judge.
In dismissing Mr Sibanda's application, Justice Makonese said the applicant failed to interpret the provisions of the Constitution prohibiting employees of local authorities from holding office in a political party. He said Mr Sibanda failed to establish that Muzamba's employment as council CEO violates the provisions of the Constitution. In his heads of argument, Mr Sibanda argued that Muzamba was in breach of the Constitution. He argued that holding office in a political party by employees of local authorities compromised service delivery.
"The constitution outlaws the holding of a political party office by council employees, primarily because they have to serve all manner of people even those of different political parties and persuasions," said Mr Sibanda.
The MP wanted the court to order Muzamba to immediately vacate the office of CEO of Binga RDC if he doesn't relinquish his post as Zanu-PF Central Committee member.
Source - chronicle
