News / Local
Kambarami drags Mnangagwa, ZEC to court
24 Jul 2021 at 07:37hrs | Views
FORMER Bulawayo deputy mayor and Ward three councillor Tinashe Kambarami has dragged President Emmerson Mnangagwa, the Bulawayo City Council and the Zimbabwe Electoral Commission (ZEC) to court seeking his reinstatement.
Kambarami was recently blocked by senior council officials from assuming his duties following his reinstatement as Ward three councillor by the Supreme Court.
Bulawayo High Court judge, Justice Thompson Mabhikwa in 2019 declared Kambarami's election null and void after 1892 Mthwakazi Restoration Movement Trust and Nomalanga Dabengwa approached the High Court challenging his election.
He, however, appealed the ruling at the Supreme Court which overturned Justice Mabhikwa's ruling.
Following the apex court's ruling, Kambarami early this month attempted to attend a full council meeting but the move was blocked by mayor Solomon Mguni and town clerk Christopher Dube.
The two officials claimed Kambarami had been recalled from the council by the Douglas Mwonzora led MDC-T.
Kambarami had been recalled from council together with other eight councillors last year by the MDC –T but the former deputy Mayor argues that when he was purportedly recalled, he was no longer a councillor because his election had been nullified.
"The application for a declaratur is made on the grounds that the letter written by MDC –T be declared null and void in as far as it relates to the applicant (Kambarami) as he was not serving as a councillor during that time. He, therefore, could not be recalled," he argued in his latest court challenge.
"Further and alternatively, the decision of the MDC-T to expel or arrive at the determination that applicant is no longer a member of the Bulawayo City Council to be declared unlawful and set aside and consequently the letter written by the 2nd respondent to the 3rd respondent is declared null and void."
The court application was filed through his lawyers Mqhawe Mpofu of Sam Mlauzi and Partners.
Kambarami also wants the court to bar Mnangagwa and ZEC from proclaiming Ward three vacant.
"The President and, or his officials, functionaries, employees, agents or assignees be and are hereby permanently interdicted proclaiming a date for the holding of a by-election in Ward three, Bulawayo in terms of section 39 of the Electoral Act (Chapter 2:13).
"Consequently, there being no lawful encumbrance to the resumption of applicant's duties, the 1st respondent shall immediately admit the applicant to council pursuant to his reinstatement by operation of the law following the judgment in case number SC 66/21 on May 2021," further reads the application.
In the application Kambarami also Local Government Minister as respondents.
The respondents are yet to file their opposing papers.
Kambarami was recently blocked by senior council officials from assuming his duties following his reinstatement as Ward three councillor by the Supreme Court.
Bulawayo High Court judge, Justice Thompson Mabhikwa in 2019 declared Kambarami's election null and void after 1892 Mthwakazi Restoration Movement Trust and Nomalanga Dabengwa approached the High Court challenging his election.
He, however, appealed the ruling at the Supreme Court which overturned Justice Mabhikwa's ruling.
Following the apex court's ruling, Kambarami early this month attempted to attend a full council meeting but the move was blocked by mayor Solomon Mguni and town clerk Christopher Dube.
The two officials claimed Kambarami had been recalled from the council by the Douglas Mwonzora led MDC-T.
Kambarami had been recalled from council together with other eight councillors last year by the MDC –T but the former deputy Mayor argues that when he was purportedly recalled, he was no longer a councillor because his election had been nullified.
"The application for a declaratur is made on the grounds that the letter written by MDC –T be declared null and void in as far as it relates to the applicant (Kambarami) as he was not serving as a councillor during that time. He, therefore, could not be recalled," he argued in his latest court challenge.
"Further and alternatively, the decision of the MDC-T to expel or arrive at the determination that applicant is no longer a member of the Bulawayo City Council to be declared unlawful and set aside and consequently the letter written by the 2nd respondent to the 3rd respondent is declared null and void."
The court application was filed through his lawyers Mqhawe Mpofu of Sam Mlauzi and Partners.
Kambarami also wants the court to bar Mnangagwa and ZEC from proclaiming Ward three vacant.
"The President and, or his officials, functionaries, employees, agents or assignees be and are hereby permanently interdicted proclaiming a date for the holding of a by-election in Ward three, Bulawayo in terms of section 39 of the Electoral Act (Chapter 2:13).
"Consequently, there being no lawful encumbrance to the resumption of applicant's duties, the 1st respondent shall immediately admit the applicant to council pursuant to his reinstatement by operation of the law following the judgment in case number SC 66/21 on May 2021," further reads the application.
In the application Kambarami also Local Government Minister as respondents.
The respondents are yet to file their opposing papers.
Source - newzimbabwe
