Chamisa ally unleashes lawyers on Bulawayo council

BULAWAYO City Council risks being sued by former Deputy Mayor, Tinashe Kambarami who was recently blocked by council officials from assuming his duties following his reinstatement as ward three councillor by the Supreme Court.

Bulawayo High Court Judge, Thompson Mabhikwa in 2019 declared the election of Kambarami null and void after 1892 Mthwakazi Restoration Movement Trust and activist Nomalanga Dabengwa had approached the High Court challenging his election.

Kambarami however appealed the ruling at the Supreme Court which overturned Justice Mabhikwa's ruling week.

Following the Apex Court ruling, Kambarami Wednesday last week attempted to attend a full council meeting in council chambers, but the move was swiftly blocked by Mayor Mguni and Town Clerk Christopher Dube who claimed council had not been served with the Supreme Court judgment.

Mguni also claimed that Kambarami was recalled from council by the Douglas Mwonzora led MDC-T.

The former Deputy Mayor argues his purported recall was null and void because it came after the High Court declarateur which disqualified him from holding the position of being ward three councillor.

Kambarami legal's practitioners on Thursday wrote to the local authority expressing their client's intentions to drag council to court.

"On the 2nd of June 2021, our client on the strength of the Supreme Court judgment dated the 27th of May 2021, went to the council chambers with the intention of resuming his duties as councillor for Ward three and the Deputy Mayor of the City of Bulawayo.

"However, our client instructs us that you barred him from attending the council meeting and that you caused the security personnel to remove him forcefully from the council chambers without a plausible explanation at law," reads part of the letter by Kambarami's lawyers addressed to council Chamber Secretary Sikhangele Zhou.

The lawyers said the Supreme Court ruling had declared Kambarami's dismissal by the court a "legal nullity".

"You stated in your last communication that he (Kambarami) remained suspended pending the appeal at the Supreme Court and now we are at loss as to why is he being barred from attending council meeting despite the fact that his appeal at the Supreme Court was successful.

"Take notice that his ‘recall' was a nullity as it only came after the Electoral Court judgment and when he was no longer a councillor for Ward 3 and Deputy Mayor of Bulawayo. His recall was a nullity as during that period, he was not holding any office, his duties and privileges having been set aside pending his appeal at the Supreme Court.

"Thus, the Supreme Court judgment has restored him to the position he was at before the 29th of August 2019."

The lawyers warned that should council continue defying the Supreme Court judgment, their client has no other option except to approach court for redress.

Council is yet to respond to Kambarami's lawyers.