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'Kambara prohibited from carrying out duties as councillor'

by Staff reporter
07 Sep 2019 at 20:18hrs | Views
The Bulawayo Town Clerk has written to deposed Bulawayo Deputy Mayor, Tinashe Kambarami advising him is Prohibited to carry out his duties as a councillor until the appeal is finalised.
Kambarami has approached the Supreme Court challenging the nullification of his election by the High Court.

Bulawayo High Court judge Justice Thompson Mabhikwa, last week nullified Kambarami's election as councillor for Ward 3 and the city's Deputy Mayor following an application by 1893 Mthwakazi Restoration Movement Trust.

Justice Mabhikwa ruled that the election of Kambarami was in violation of section 119 (2) (e) of the Electoral Act following his theft conviction.

Kambarami was in July last year convicted of theft by Bulawayo provincial magistrate, Ms Sharon Rosemani, under case number CRB 1981/18.

He was fined $80 or 18 days in prison for stealing an extension cord from an electrician he had hired to work at his offices.

Below are the letters:

Letter from lawyers

In nullifying Kambarami's election, Justice Mabhikwa said his failure to notify his party and Zec was in itself an act of dishonesty and an illegality, which rendered his subsequent election a nullity and therefore unsuitable to hold a public office. According to section 119 (2) (e) of the Electoral Act, a person shall be disqualified from being nominated as a candidate for or from election as a councillor if he or she has been convicted of an offence involving dishonesty.

Kambarami was convicted on his own plea of guilty to theft.

He was given a chance to voluntarily relinquish his posts as councillor and Deputy Mayor and he declined, prompting 1893 Mthwakazi Restoration Movement Trust to approach the High Court. Section 41 (7) of the Urban Councils Act states that a councillor who is convicted of an offence and sentenced to imprisonment for a period of six months or more shall forthwith cease to exercise his or her functions or to be entitled to any remuneration as a councillor, and subject to subsection (8), he or she shall cease to be councillor at the expiry of 30 days from the date of such sentence.

On August 1, 2017, Kambarami engaged the complainant, Mr Washington Chirikuudzi (68), to do some work at his offices.

Kambarami asked the complainant to leave his tools at his offices inside a safe before knocking off. When the complainant returned on the following morning, he discovered that his extension cord was missing. Kambarami admitted that he took it and promised to return it.

However, Kambarami did not return the cable despite pleas from the complainant.

Mr Chirikuudzi reported the matter to the police leading to Kambarami's arrest. Kambarami was elected Deputy Mayor in September last year after beating his closest rival, Clr Mlandu Ncube of Ward One.

Source - Byo24News