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Panic as Kambarami's lawyer plots to collapse Bulawayo City Council

by Mandla Ndlovu
26 Sep 2022 at 14:00hrs | Views
Former Deputy Mayor Tinashe Kambarami's lawyer Bruce Israel Masamvu of Masamvu & Da Silva-Gustavo Law Chambers has lodged a court application seeking to bar the City of Bulawayo from implementing Statutory Instrument 63 of 2015 relating to Clamping and Tow away By-Laws.
In the application citing the City of Bulawayo,Minister July Moyo, Bulawayo City Council and Tendy Three Investments (Private) Limited), Masamvu says he wants all employees, agents, contractors and partners to stop implementing  the above Statutory Instruments technically meaning that all employees of the above entities and subsequently of the City are rendered jobless.

Said the lawyer's sought order:

  • There exists no entity with the legal capacity to sue or be sued by the name Bulawayo City Council
  • Any enactment wherein the council for the City of Bulawayo is referred to as Bulawayo City Council be and hereby declared null and void and accordingly set aside
  • Any by-laws made in the name of Bulawayo City Council be and are hereby declared null and void
  • BCC and City of Bulawayo employees, assigns, agents, contractors, or partners be and are are hereby set aside in any enactment.

Speaking to this reporter, a legal expect who spoke on condition of anonymity since the matter is sub-judice said, "The application is a brazen abuse of section 14 of the High Court Act and clearly ill-advised and must and will be dismissed with the contempt it deserves. Clearly the applicant is ignorant and/or oblivious of the applicability of section 229 of the Urban Councils Act and the relevance of the full import and impact of the State Law Compilation and Revision Act."

Ibhetshu likaZulu Secretary General Mbuso Fuzwayo said the move was clearly meant to collapse the city.

"It is unfortunate that we have a person who wants to collapse the City through his litigation. Our phones are littered with his litigation against the City and this must stop."
The City of Bulawayo, Minister July Moyo, and TTI Solutions are yet to file opposing papers.

Source - Byo24News