News / Local
Bulawayo deputy mayor saga takes new twist
31 Aug 2022 at 01:41hrs | Views
OUTGOING Bulawayo Deputy Mayor, Mlandu Ncube, has approached the Bulawayo High Court seeking to block Tinashe Kambarami's reinstatement as the city deputy premier.
Bulawayo High Court Judge, Justice Martin Makonese earlier this month, reinstated Kambarami as Bulawayo deputy mayor, as well as Ward 3 councillor.
In 2019 the then Bulawayo High Court Judge, Justice Thompson Mabhikwa declared Kambarami's election as ward councillor null and void after 1892 Mthwakazi Restoration Movement Trust and Nomalanga Dabengwa had approached the High Court challenging his ascendancy.
Kambarami, however, appealed the ruling at the Supreme Court, which overturned Justice Mabhikwa's ruling.
Following the apex court ruling Kambarami attempted to attend a full council meeting in council chambers but the move was swiftly blocked by Mayor Solomon Mguni and Town Clerk, Christopher Dube, who claimed that council had not been served with the Supreme Court judgment.
At that time, Mguni also claimed that Kambarami was recalled from council by the Douglas Mwonzora led MDC-T.
Kambarami then approached the High Court leading to Justice Makonese's judgment.
Following Kambarami ‘s reinstatement by the High Court , Mguni has been blocking Kambarami's reinstatement.
Acting deputy mayor, Ncube, this week approached the courts to stop Kambarami's reinstatement.
"I am seeking a declaratory order confirming that the Court Order under HC 989/21 relates to reinstatement of the 1st respondent only in his capacity as councillor for Ward Three and it does not extend to resumption of duties as Deputy Mayor of the City of Bulawayo, and I am fortified in my interpretation of the Court Order HC 989/21," reads Ncube's application.
In his application, Ncube cited Kambarami as the first respondent, Bulawayo City Council, second respondent, while the Minister of Local Government and Public Works, July Moyo as the third respondent.
Ncube argued that Kambarami was recalled in terms of the Urban Council Act section 103.
"It was incumbent upon councillors and the 2nd respondent (Bulawayo) to trigger an election of a deputy mayor. The election must be done within my 30 days in terms of the law and that is what was done.
"This action also fall within my administrative rights and triggered my assumption of duties from the 7th of October 2020 to date and this has included me getting allowances and other benefits in terms of the Urban Council Act," further reads Ncube's application.
The council lawyers last week advised council to reinstate Kambarami warning failure to do so would result in serious repercussion for the local authority.
The respondents are still to file their opposing papers.
Bulawayo High Court Judge, Justice Martin Makonese earlier this month, reinstated Kambarami as Bulawayo deputy mayor, as well as Ward 3 councillor.
In 2019 the then Bulawayo High Court Judge, Justice Thompson Mabhikwa declared Kambarami's election as ward councillor null and void after 1892 Mthwakazi Restoration Movement Trust and Nomalanga Dabengwa had approached the High Court challenging his ascendancy.
Kambarami, however, appealed the ruling at the Supreme Court, which overturned Justice Mabhikwa's ruling.
Following the apex court ruling Kambarami attempted to attend a full council meeting in council chambers but the move was swiftly blocked by Mayor Solomon Mguni and Town Clerk, Christopher Dube, who claimed that council had not been served with the Supreme Court judgment.
At that time, Mguni also claimed that Kambarami was recalled from council by the Douglas Mwonzora led MDC-T.
Kambarami then approached the High Court leading to Justice Makonese's judgment.
Following Kambarami ‘s reinstatement by the High Court , Mguni has been blocking Kambarami's reinstatement.
"I am seeking a declaratory order confirming that the Court Order under HC 989/21 relates to reinstatement of the 1st respondent only in his capacity as councillor for Ward Three and it does not extend to resumption of duties as Deputy Mayor of the City of Bulawayo, and I am fortified in my interpretation of the Court Order HC 989/21," reads Ncube's application.
In his application, Ncube cited Kambarami as the first respondent, Bulawayo City Council, second respondent, while the Minister of Local Government and Public Works, July Moyo as the third respondent.
Ncube argued that Kambarami was recalled in terms of the Urban Council Act section 103.
"It was incumbent upon councillors and the 2nd respondent (Bulawayo) to trigger an election of a deputy mayor. The election must be done within my 30 days in terms of the law and that is what was done.
"This action also fall within my administrative rights and triggered my assumption of duties from the 7th of October 2020 to date and this has included me getting allowances and other benefits in terms of the Urban Council Act," further reads Ncube's application.
The council lawyers last week advised council to reinstate Kambarami warning failure to do so would result in serious repercussion for the local authority.
The respondents are still to file their opposing papers.
Source - NewZimbabwe
