News / Regional
Kombayi seeks to block Kasukuwere's appeal
09 Apr 2016 at 08:42hrs | Views
GWERU mayor Hamutendi Kombayi and 10 councillors are seeking to block a Supreme Court appeal by the Minister of Local Government, Public Works and National Housing, Saviour Kasukuwere challenging a High Court ruling granted in their favour.
Kasukuwere is challenging a ruling by Bulawayo High Court judge Justice Francis Bere ordering him to reinstate the 11 councillors who were suspended for alleged abuse of office.
Justice Bere, in February, confirmed an interim order by his counterpart Justice Nokuthula Moyo to immediately reinstate Kombayi and the 10 councillors who were suspended by the Minister on allegations of gross misconduct, incompetence and mismanagement of council funds and affairs.
The councillors on Monday filed a chamber application at the Bulawayo High Court citing Kasukuwere, the provincial administrator for Midlands, Cecilia Chitiyo, Luckson Chikumbirike, Goodwill Khosa and Nicholas Moyo as respondents.
Kombayi, in his founding affidavit, said the notice and grounds of appeal filed by the respondents last month were defective for want of compliance with Rules 29 (2) and Rule 34 of the rules of the Supreme Court. The councillors want the judgment handed down by Justice
Bere to remain enforceable, arguing that there was no valid appeal pending.
"I submit that there is no appeal to talk about. All the respondents have exhibited is a clear propensity to frustrate us as applicants to enjoy the judgment of this honourable court delivered on February 22, 2016," said Kombayi.
The respondents through the Civil Division of the Attorney-General's Office argued that the court a quo misdirected itself by failing to take into account the public interests in its judgment.
They said the court a quo failed to exercise its powers under section 175 (6) of the constitution, arguing that the circumstances of the case demanded such powers to be invoked.
Kasukuwere in August last year indefinitely suspended Kombayi, his deputy Artwell Manyorauta and the councillors on allegations of gross misconduct, incompetence and mismanagement of council funds and affairs.
Justice Bere agreed with the councillors' lawyers, Chitere Chidawanyika and Partners who had argued that Kasukuwere's decision to suspend the councillors and appoint a tribunal to look into allegations of abuse of office and corruption against them were in contravention of the provisions of the constitution.
The judge said section 114 of the Urban Councils Act, which the minister used to suspend the councillors and appoint a tribunal, was inconsistent with section 278 of the Constitution.
Justice Bere said section 278 of the Constitution provides for the establishment of an independent tribunal to exercise the function of removing from office mayors, council chairpersons and councillors.
It does not vest any authority to remove councillors in the Minister anymore, neither does it grant the Minister powers to establish or constitute an independent tribunal.
Kasukuwere is challenging a ruling by Bulawayo High Court judge Justice Francis Bere ordering him to reinstate the 11 councillors who were suspended for alleged abuse of office.
Justice Bere, in February, confirmed an interim order by his counterpart Justice Nokuthula Moyo to immediately reinstate Kombayi and the 10 councillors who were suspended by the Minister on allegations of gross misconduct, incompetence and mismanagement of council funds and affairs.
The councillors on Monday filed a chamber application at the Bulawayo High Court citing Kasukuwere, the provincial administrator for Midlands, Cecilia Chitiyo, Luckson Chikumbirike, Goodwill Khosa and Nicholas Moyo as respondents.
Kombayi, in his founding affidavit, said the notice and grounds of appeal filed by the respondents last month were defective for want of compliance with Rules 29 (2) and Rule 34 of the rules of the Supreme Court. The councillors want the judgment handed down by Justice
Bere to remain enforceable, arguing that there was no valid appeal pending.
"I submit that there is no appeal to talk about. All the respondents have exhibited is a clear propensity to frustrate us as applicants to enjoy the judgment of this honourable court delivered on February 22, 2016," said Kombayi.
They said the court a quo failed to exercise its powers under section 175 (6) of the constitution, arguing that the circumstances of the case demanded such powers to be invoked.
Kasukuwere in August last year indefinitely suspended Kombayi, his deputy Artwell Manyorauta and the councillors on allegations of gross misconduct, incompetence and mismanagement of council funds and affairs.
Justice Bere agreed with the councillors' lawyers, Chitere Chidawanyika and Partners who had argued that Kasukuwere's decision to suspend the councillors and appoint a tribunal to look into allegations of abuse of office and corruption against them were in contravention of the provisions of the constitution.
The judge said section 114 of the Urban Councils Act, which the minister used to suspend the councillors and appoint a tribunal, was inconsistent with section 278 of the Constitution.
Justice Bere said section 278 of the Constitution provides for the establishment of an independent tribunal to exercise the function of removing from office mayors, council chairpersons and councillors.
It does not vest any authority to remove councillors in the Minister anymore, neither does it grant the Minister powers to establish or constitute an independent tribunal.
Source - chronicle
