News / Local
Ousted Bulawayo deputy mayor in hollow Supreme Court victory
30 May 2021 at 09:15hrs | Views
THE Supreme Court has overturned a ruling by Bulawayo High Court judge, Thompson Mabhikwa declaring the 2018 election of former Bulawayo deputy mayor and Ward Three councillor Tinashe Kambarami null and void.
The Supreme Court's ruling is however just academic as Kambarami has already been recalled from Bulawayo City Council by the Douglas Mwonzora led MDC-T.
In 2019, Justice Mabhikwa declared the election of Kambarami illegal after 1892 Mthwakazi Restoration Movement Trust and Nomalanga Dabengwa had approached the High Court challenging his election.
In his ruling, Justice Mabikwa ruled that Kambarami had violated Section 119 (2) (e) of the Electoral Act (Chapter 213) following his conviction for theft at the Bulawayo magistrates court under criminal record Book (CRB) number 1981/18 on June 2018.
In its ruling delivered by Justice Nicholas Mathonsi, the Supreme Court noted that the court a quo ignored Section 278 of the Constitution which mandated the Minister of Local Government to investigate the suitability of a sitting councillor to hold office.
Justice Mathonsi also pointed out the High Court judge ignored the fact that the Electoral Court, acting within powers prescribed by the statute, does not have power to award a declarateur against a sitting councillor.
Kambarami was represented by Advocate Silvester Hashiti assisted by Raymond Moyo and Maqhawe Mpofu of Samp Mlaudzi and partners while the respondents were represented by Godfrey Nyoni of Nyoni and Moyo legal practitioners.
The defendants were ordered to pay costs for the suit.
The Supreme Court's ruling is however just academic as Kambarami has already been recalled from Bulawayo City Council by the Douglas Mwonzora led MDC-T.
In 2019, Justice Mabhikwa declared the election of Kambarami illegal after 1892 Mthwakazi Restoration Movement Trust and Nomalanga Dabengwa had approached the High Court challenging his election.
In his ruling, Justice Mabikwa ruled that Kambarami had violated Section 119 (2) (e) of the Electoral Act (Chapter 213) following his conviction for theft at the Bulawayo magistrates court under criminal record Book (CRB) number 1981/18 on June 2018.
In its ruling delivered by Justice Nicholas Mathonsi, the Supreme Court noted that the court a quo ignored Section 278 of the Constitution which mandated the Minister of Local Government to investigate the suitability of a sitting councillor to hold office.
Justice Mathonsi also pointed out the High Court judge ignored the fact that the Electoral Court, acting within powers prescribed by the statute, does not have power to award a declarateur against a sitting councillor.
Kambarami was represented by Advocate Silvester Hashiti assisted by Raymond Moyo and Maqhawe Mpofu of Samp Mlaudzi and partners while the respondents were represented by Godfrey Nyoni of Nyoni and Moyo legal practitioners.
The defendants were ordered to pay costs for the suit.
Source - the standard
