News / National
Why Bulawayo will not get a Commission
25 Jul 2019 at 18:11hrs | Views
Some section of Bulawayo residents congregated at Bulawayo City Hall on Monday and passed a resolution that they want the Bulawayo City Councillors to be fired and replaced with a Commission to run the affairs of the City.
Senior City Lawyer Matshobana Ncube has penned a legal opinion detailing how it will be difficult for the City to get a Commission.
Below are his views:
There has been an amazing clamour by some people whether in Bulawayo or without that the Bulawayo City Council Councillors be summarily removed from office by the Local Government Minister. In their place they have advocated for the appointment of a Commission to administer the affairs of the City.
This is informed by either ignorance or sheer mischief on the part of such advocates.
The Supreme Law of Zimbabwe spells out how a Councillor is to be removed from office. In other words it's sets out the tenure of office of Councillors. Section 278 of the Constitution without equivocation states that the tenure of office of a councillor firstly will lose office if his political party recalls him in the same manner that they recall MPs. In this instance a letter has to be written to the minister by the political party concerned. Once the minister receives such communication he has to notify the affected councillor.
The second scenario envisages the setting up of a tribunal to investigate the function of removing a councillor. Such a councillor can only be removed from office on the grounds of
1. Inability to perform the functions of his office due to mental or physical incapacity
2. Gross incompetence
3. Gross misconduct
4. Conviction of an offence involving dishonesty, corruption or abuse of office or
5. Wilful violation of the law, including a local authority by-law.
I terms of the law, a councillor cannot vacate office save in circumstances set out above.
People should inform themselves on the law if they didn't know or pursue other endeavours in life like looking for scarce bread etc.
So no Commission can be appointed to run BCC
Senior City Lawyer Matshobana Ncube has penned a legal opinion detailing how it will be difficult for the City to get a Commission.
Below are his views:
There has been an amazing clamour by some people whether in Bulawayo or without that the Bulawayo City Council Councillors be summarily removed from office by the Local Government Minister. In their place they have advocated for the appointment of a Commission to administer the affairs of the City.
This is informed by either ignorance or sheer mischief on the part of such advocates.
The Supreme Law of Zimbabwe spells out how a Councillor is to be removed from office. In other words it's sets out the tenure of office of Councillors. Section 278 of the Constitution without equivocation states that the tenure of office of a councillor firstly will lose office if his political party recalls him in the same manner that they recall MPs. In this instance a letter has to be written to the minister by the political party concerned. Once the minister receives such communication he has to notify the affected councillor.
The second scenario envisages the setting up of a tribunal to investigate the function of removing a councillor. Such a councillor can only be removed from office on the grounds of
1. Inability to perform the functions of his office due to mental or physical incapacity
2. Gross incompetence
3. Gross misconduct
4. Conviction of an offence involving dishonesty, corruption or abuse of office or
5. Wilful violation of the law, including a local authority by-law.
I terms of the law, a councillor cannot vacate office save in circumstances set out above.
People should inform themselves on the law if they didn't know or pursue other endeavours in life like looking for scarce bread etc.
So no Commission can be appointed to run BCC
Source - Byo24News
