News / National
MDC-T councillor takes on minister Abednico Ncube
02 Aug 2017 at 02:06hrs | Views
An MDC-T councillor for Kabuba ward 17 in Binga has confronted Rural Development, Promotion and Preservation of National Culture and Heritage minister Abednico Ncube for suspending him over allegations of abusing $4 103 meant for Campfire development projects in his ward.
Ncube suspended Councillor Themba Tonse Tukanjile Kujulu Munkombwe on May 8 on allegations of abusing the Campfire funds.
"Your suspension is in terms of Section 278 of the Constitution and the Local Government Amendment Laws of 2016," part of the suspension letter read.
"You have been accused of failing to account for $4 103 meant for the Campfire development projects in your ward. In addition, it is alleged that you claimed a significant amount of money from the programme and embarked on unsanctioned trips to Harare. An independent tribunal is going to be established to conduct a hearing into the matter and finalise the same."
Munkombwe has engaged lawyer, Kholwani Ngwenya to assist him challenge the suspension and has since written back to the minister querying the decision.
In a letter dated July 26 this year, Munkombwe said Ncube purported to suspend him in terms of Section 278 of the Constitution of Zimbabwe Amendment number 20 as read with the Local Government Amendment laws of 2016.
"I must point out from the onset that I have gone through Section 157 of the Rural District Councils Act Chapter 29:13 as amended by Local Government Amendment Laws of 2016, which I believe your letter of suspension is based on. I have come to a conclusion that your purported letter of suspension is a nullity and of no force and effect as it does not comply with the provisions of the law," Munkombwe wrote.
"I say so because Section 157 (2) of the Rural District Councils Act Chapter 2913 and amended by Local Government Amendment Laws of 2016 provides as follows, the minister shall, by written notice to the chairperson or councillor and the council, (c) suspend the chairperson or councillor from exercising all or any of his or her functions in terms of this Act and (d) specify the reasons for the suspension and the nature of the allegations against the chairperson or councillor and afford an opportunity to the chairperson or councillor to respond to the allegation within seven days of receiving the notice."
Munkombwe said Ncube violated the law by suspending him and failing to afford him an opportunity to respond to the allegations within seven days of receiving the notice as required by law.
"Your purported letter of suspension cannot stand. I accordingly demand that within five days of service of this letter you withdraw your purported letter of suspension, failing which I shall approach the High Court and take legal action against you to have your purported letter of suspension declared null and of no force and effect and further seek costs of suit against you," Munkombwe .
Ngwenya said Ncube was yet to respond to the letter.
Ncube suspended Councillor Themba Tonse Tukanjile Kujulu Munkombwe on May 8 on allegations of abusing the Campfire funds.
"Your suspension is in terms of Section 278 of the Constitution and the Local Government Amendment Laws of 2016," part of the suspension letter read.
"You have been accused of failing to account for $4 103 meant for the Campfire development projects in your ward. In addition, it is alleged that you claimed a significant amount of money from the programme and embarked on unsanctioned trips to Harare. An independent tribunal is going to be established to conduct a hearing into the matter and finalise the same."
Munkombwe has engaged lawyer, Kholwani Ngwenya to assist him challenge the suspension and has since written back to the minister querying the decision.
In a letter dated July 26 this year, Munkombwe said Ncube purported to suspend him in terms of Section 278 of the Constitution of Zimbabwe Amendment number 20 as read with the Local Government Amendment laws of 2016.
"I must point out from the onset that I have gone through Section 157 of the Rural District Councils Act Chapter 29:13 as amended by Local Government Amendment Laws of 2016, which I believe your letter of suspension is based on. I have come to a conclusion that your purported letter of suspension is a nullity and of no force and effect as it does not comply with the provisions of the law," Munkombwe wrote.
"I say so because Section 157 (2) of the Rural District Councils Act Chapter 2913 and amended by Local Government Amendment Laws of 2016 provides as follows, the minister shall, by written notice to the chairperson or councillor and the council, (c) suspend the chairperson or councillor from exercising all or any of his or her functions in terms of this Act and (d) specify the reasons for the suspension and the nature of the allegations against the chairperson or councillor and afford an opportunity to the chairperson or councillor to respond to the allegation within seven days of receiving the notice."
Munkombwe said Ncube violated the law by suspending him and failing to afford him an opportunity to respond to the allegations within seven days of receiving the notice as required by law.
"Your purported letter of suspension cannot stand. I accordingly demand that within five days of service of this letter you withdraw your purported letter of suspension, failing which I shall approach the High Court and take legal action against you to have your purported letter of suspension declared null and of no force and effect and further seek costs of suit against you," Munkombwe .
Ngwenya said Ncube was yet to respond to the letter.
Source - newsday
