News / National
Court upholds mayor's suspension
12 May 2016 at 06:35hrs | Views
THE High Court has confirmed the suspension of Harare Mayor Councillor Bernard Manyenyeni, saying the Minister of Local Government, Public Works and National Housing Saviour Kasukuwere's decision was proper and in terms of the law.
Clr Manyenyeni was suspended from office by Minister Kasukuwere on March 20 this year, pending an investigation into his conduct of employing banker Mr James Mushore as town clerk without the ministry's approval.
He then filed an urgent chamber application at the High Court seeking nullification of the suspension.
Clr Manyenyeni was seeking an order directing his reinstatement to the post with full pay and benefits.
He also wanted the court to bar Minister Kasukuwere from interfering with his operations as Mayor of Harare.
Dismissing Clr Manyenyeni's urgent chamber application yesterday, Justice Mary Dube said in terms of the law the minister was only empowered to suspend a Mayor, but removal from office required the appointment of an independent tribunal to determine the matter.
"The conduct of the minister in suspending the applicant was in accordance with the law. The applicant's application has no merit and ought to be dismissed," the judge ruled.
Justice Dube said Manyenyeni should simply wait for his hearing within 45 days from the suspension date.
"He (minister) may do nothing more after suspension. The suspension only runs for 45 days during which period the dismissal is expected to take place in terms of Section 278 or the suspension lapses.
"In my view, if an independent tribunal is not in place in terms of the Constitution within 45 days of the suspension of the matter, that is the end of the matter.
"Applicant will be entitled to be released from suspension by operation of law," she said.
Government argues the appointment of Mr Mushore violated the Urban Councils Act.
During the chamber hearing, Advocate Lewis Uriri instructed by Zimbabwe Lawyers for Human Rights lawyers Mr Dzimbabgwe Chimbgwa and Mr David Hofisi, argued the matter for Clr Manyenyeni while the Attorney-General's Civil Division acted for Local Government, Public Works and National Housing Minister Saviour Kasukuwere and the AG Advocate Prince Machaya.
But Mr Luckson Muradzikwa of the Civil Division in the AG's Office said the issue for determination related to the mayor's suspension and removal from office.
In this regard, he said, Minister Kasukuwere did not breach the provisions of the Constitution as claimed by Clr Manyenyeni's lawyers. It was also argued that Minister Kasukuwere has since appealed the High Court decision in the Clr Kombayi case, hence the minister acted properly in terms of the Urban Councils Act.
In his urgent application, Clr Manyenyeni contended that in terms of the Constitution of Zimbabwe, removal of mayors, councillors and chairpersons is done by an independent tribunal in terms of an Act of Parliament.
"There is neither that Act of Parliament nor independent tribunal," argued Clr Manyenyeni.
"The first respondent (Minister Kasukuwere) has thus arrogated to himself powers he no longer has in violation of the Constitution of Zimbabwe."
Clr Manyenyeni was suspended from office by Minister Kasukuwere on March 20 this year, pending an investigation into his conduct of employing banker Mr James Mushore as town clerk without the ministry's approval.
He then filed an urgent chamber application at the High Court seeking nullification of the suspension.
Clr Manyenyeni was seeking an order directing his reinstatement to the post with full pay and benefits.
He also wanted the court to bar Minister Kasukuwere from interfering with his operations as Mayor of Harare.
Dismissing Clr Manyenyeni's urgent chamber application yesterday, Justice Mary Dube said in terms of the law the minister was only empowered to suspend a Mayor, but removal from office required the appointment of an independent tribunal to determine the matter.
"The conduct of the minister in suspending the applicant was in accordance with the law. The applicant's application has no merit and ought to be dismissed," the judge ruled.
Justice Dube said Manyenyeni should simply wait for his hearing within 45 days from the suspension date.
"He (minister) may do nothing more after suspension. The suspension only runs for 45 days during which period the dismissal is expected to take place in terms of Section 278 or the suspension lapses.
"In my view, if an independent tribunal is not in place in terms of the Constitution within 45 days of the suspension of the matter, that is the end of the matter.
"Applicant will be entitled to be released from suspension by operation of law," she said.
Government argues the appointment of Mr Mushore violated the Urban Councils Act.
During the chamber hearing, Advocate Lewis Uriri instructed by Zimbabwe Lawyers for Human Rights lawyers Mr Dzimbabgwe Chimbgwa and Mr David Hofisi, argued the matter for Clr Manyenyeni while the Attorney-General's Civil Division acted for Local Government, Public Works and National Housing Minister Saviour Kasukuwere and the AG Advocate Prince Machaya.
But Mr Luckson Muradzikwa of the Civil Division in the AG's Office said the issue for determination related to the mayor's suspension and removal from office.
In this regard, he said, Minister Kasukuwere did not breach the provisions of the Constitution as claimed by Clr Manyenyeni's lawyers. It was also argued that Minister Kasukuwere has since appealed the High Court decision in the Clr Kombayi case, hence the minister acted properly in terms of the Urban Councils Act.
In his urgent application, Clr Manyenyeni contended that in terms of the Constitution of Zimbabwe, removal of mayors, councillors and chairpersons is done by an independent tribunal in terms of an Act of Parliament.
"There is neither that Act of Parliament nor independent tribunal," argued Clr Manyenyeni.
"The first respondent (Minister Kasukuwere) has thus arrogated to himself powers he no longer has in violation of the Constitution of Zimbabwe."
Source - the herald
