News / National
Suspended Harare Mayor to bounce back
06 Jun 2016 at 06:31hrs | Views
Suspended Harare Mayor Councillor Bernard Manyenyeni is set to bounce back at Town House today after the Local Government, Public Works and National Housing Ministry failed or decided not to set up an independent tribunal to try him for violating Sections of the Urban Councils Act.
Clr Manyenyeni was suspended from office by Minister Saviour Kasukuwere on March 20, this year, pending an investigation into his conduct of employing banker Mr James Mushore as town clerk without the Local Government Board approval.
Government argues the appointment of Mr Mushore violated the Urban Councils Act.
Clr Manyenyeni then filed an urgent chamber application at the High Court seeking nullification of the suspension.
He sought an order directing his reinstatement to the post with full pay and benefits and 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, 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 judge advised Clr Manyenyeni to 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.
Clr Manyenyeni yesterday said he would return to work following the lapse of the 45-day period.
"I am looking forward to completing God's assignment. It's less than two years to go now," he said.
On his return, Clr Manyenyeni will be expected to deal with Mr Mushore's employment amid reports that a letter to send the former bank home had already been drafted and is awaiting the mayor's signature.
Last week, the city's directors and other employees were thrown into confusion after Mr Mushore wrote a circular to all city departments informing them that he was in charge of the local authority despite Government rescinding his appointment.
Acting Mayor Christopher Mbanga, however, said chamber secretary Mrs Josephine Ncube was in charge of the local authority on an acting basis.
Minister Kasukuwere, who is in China, yesterday referred questions to acting Local Government, Public Works and National Housing Minister Professor Jonathan Moyo who could not be reached for comment.
Clr Manyenyeni was suspended from office by Minister Saviour Kasukuwere on March 20, this year, pending an investigation into his conduct of employing banker Mr James Mushore as town clerk without the Local Government Board approval.
Government argues the appointment of Mr Mushore violated the Urban Councils Act.
Clr Manyenyeni then filed an urgent chamber application at the High Court seeking nullification of the suspension.
He sought an order directing his reinstatement to the post with full pay and benefits and 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, 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 judge advised Clr Manyenyeni to 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.
Clr Manyenyeni yesterday said he would return to work following the lapse of the 45-day period.
"I am looking forward to completing God's assignment. It's less than two years to go now," he said.
On his return, Clr Manyenyeni will be expected to deal with Mr Mushore's employment amid reports that a letter to send the former bank home had already been drafted and is awaiting the mayor's signature.
Last week, the city's directors and other employees were thrown into confusion after Mr Mushore wrote a circular to all city departments informing them that he was in charge of the local authority despite Government rescinding his appointment.
Acting Mayor Christopher Mbanga, however, said chamber secretary Mrs Josephine Ncube was in charge of the local authority on an acting basis.
Minister Kasukuwere, who is in China, yesterday referred questions to acting Local Government, Public Works and National Housing Minister Professor Jonathan Moyo who could not be reached for comment.
Source - the herald
