News / National
Kambarami's return to office questioned
05 Sep 2019 at 19:54hrs | Views
Deposed Bulawayo Deputy Mayor, Tinashe Kambarami's return to office has been questioned by the 1893 Mthwakazi Restoration Movement (1893 MRM).
Kambarami, who attended a full Council meeting Wednesday, was last week disqualified by the High Court from holding a public office as he had a criminal record.
This was after 1893 MRM successfully argued Kambarami be disqualified from his position and that he was unfit for public office.
Kambarami, however, retaliated earlier this week and lodged an appeal at the Supreme Court (SCB 25/19) that challenged the previous High Court ruling made by Judge Thompson Mabhikwa.
His appeal had been interpreted as a suspension of the High Court's verdict and Kambarami has since been back into office, as deputy mayor, pending appeal.
But, 1893 MRM, said the interpretation to the effect that Kambarami's appeal at the Supreme Court suspended his nullification as deputy mayor is an incorrect position of the law.
Through their lawyer, Godfrey Nyoni (of Moyo and Nyoni), 1893 MRM have served a letter to the Bulawayo City Council (BCC) and its lawyers noting that Kambarami must not be admitted into office.
In an interview with CITE, Deputy Chief Administrator of 1893 MRM, Cora Ndebele, confirmed that a letter had been sent to BCC, Kambarami and their lawyers.
"There is no need of going to court to contest his appeal since according to the law, it's clear the High Court order still stands pending his appeal case. We gathered Kambarami was at the Council, but he is not supposed to be there. We have notified the BCC and their lawyers that Kambarami is not supposed to be in office," said Ndebele.
"The suspension of his nullification into public office by virtue of Kambarami's appeal at the Supreme Court is misleading, as it is not every judgement of a higher court that is suspended due to an appeal," she argued.
Ndebele noted that it appears as if the BCC did not know how to handle this case or Kambarami's continued occupation of office given this for them, is a first case of its kind.
Nevertheless, Ndebele made it clear that should the council continue allowing Kambarami in office, they would sue the local authority.
"There was an oversight in Kambarami's appeal, and the Council has to enforce the law and should they proceed accommodating him we will sue them. There was something amiss in Kambarami's appeal and we picked that up. We have specified that in our correspondence to council and its lawyers," Ndebele said.
The Deputy Chief Administrator pointed out that Kambarami was deemed unfit to be a councillor by the High Court and therefore the Council, which is an authority that respects the law had to abide by it.
"Moving forward, if the council does not take appropriate action, it would be guilty of aiding a criminal," Ndebele summed.
Kambarami, who attended a full Council meeting Wednesday, was last week disqualified by the High Court from holding a public office as he had a criminal record.
This was after 1893 MRM successfully argued Kambarami be disqualified from his position and that he was unfit for public office.
Kambarami, however, retaliated earlier this week and lodged an appeal at the Supreme Court (SCB 25/19) that challenged the previous High Court ruling made by Judge Thompson Mabhikwa.
His appeal had been interpreted as a suspension of the High Court's verdict and Kambarami has since been back into office, as deputy mayor, pending appeal.
But, 1893 MRM, said the interpretation to the effect that Kambarami's appeal at the Supreme Court suspended his nullification as deputy mayor is an incorrect position of the law.
Through their lawyer, Godfrey Nyoni (of Moyo and Nyoni), 1893 MRM have served a letter to the Bulawayo City Council (BCC) and its lawyers noting that Kambarami must not be admitted into office.
"There is no need of going to court to contest his appeal since according to the law, it's clear the High Court order still stands pending his appeal case. We gathered Kambarami was at the Council, but he is not supposed to be there. We have notified the BCC and their lawyers that Kambarami is not supposed to be in office," said Ndebele.
"The suspension of his nullification into public office by virtue of Kambarami's appeal at the Supreme Court is misleading, as it is not every judgement of a higher court that is suspended due to an appeal," she argued.
Ndebele noted that it appears as if the BCC did not know how to handle this case or Kambarami's continued occupation of office given this for them, is a first case of its kind.
Nevertheless, Ndebele made it clear that should the council continue allowing Kambarami in office, they would sue the local authority.
"There was an oversight in Kambarami's appeal, and the Council has to enforce the law and should they proceed accommodating him we will sue them. There was something amiss in Kambarami's appeal and we picked that up. We have specified that in our correspondence to council and its lawyers," Ndebele said.
The Deputy Chief Administrator pointed out that Kambarami was deemed unfit to be a councillor by the High Court and therefore the Council, which is an authority that respects the law had to abide by it.
"Moving forward, if the council does not take appropriate action, it would be guilty of aiding a criminal," Ndebele summed.
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