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Manyenyeni's suspension purely victimization -Harare Residents Trust
08 Jun 2016 at 06:56hrs | Views
The Harare Residents Trust (HRT) has said Harare Mayor Bernard Manyenyeni's suspension by Acting Local government minister Jonathon Moyo on Tuesday was purely political motivated just to victimise him and there was nothing to do with the law in the process.
The trust said it believes in the rule of law, and the true spirit and letter of the Constitution and all its subsidiary legislation have to be respected with compromise, by the Government of Zimbabwe and all those who represent the Government at all levels.
"The Mayor of Harare Councillor Bernard Manyenyeni was being politically victimised, and the issue of his suspension has nothing to do with the laws of Zimbabwe but have everything to do with the delayed alignment of local government laws to the Constitution by the Government, as represented by the Ministry of Local Government, Public Works and National Housing," said the trust."The Constitution, Section 278 (2) specifically indicates that there has to be an Act of Parliament that must provide for the removal or suspension of a Mayor/ Chairperson/Co9uncillor of a local authority."
The trust said the law says, an Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing from office mayors, chairpersons and councillors, but any such removal must only be on the grounds of— inability to perform the functions of their office due to mental or physical incapacity; gross incompetence; gross misconduct; conviction of an offence involving dishonesty, corruption or abuse of office; or wilful violation of the law, including a local authority by-law.
"A mayor, chairperson or councillor of a local authority does not vacate his or her seat except in accordance with this section. The HRT argues that the Independent Tribunal has not yet been established, and there is no provision in both the Constitution or the Urban Councils Act that gives the Minister of Local Government, Public Works and National Housing to suspend or re-suspend a Mayor/Chairperson/Councillor without the authority of the Constitution which requires that this be done by an Independent Tribunal," said the trust.
"In terms of the Urban Councils Act, which has been used on Mayor Ben Manyenyeni, his suspension was for 45 days, and now that the 45 days had lapsed with no sight of the Act of Parliament which allows for the establishment of the Independent Tribunal. This means that Mayor Manyenyeni should be officially back in office at Town House. The Mayor is in the HRT view supposed to report to work. The delays by the Minister to process the alignment of the local government laws should not be an excuse to abuse the Harare City Council."
The trust further states that the Government has no right to abuse the law, and residents denounce such bully behaviour from the Minister of Local Government, Public Works and National Housing who is abusing his political powers, instead of respecting the Constitution of Zimbabwe.
"He is not above the law, and should not be above the law," said the trust.
The trust said it believes in the rule of law, and the true spirit and letter of the Constitution and all its subsidiary legislation have to be respected with compromise, by the Government of Zimbabwe and all those who represent the Government at all levels.
"The Mayor of Harare Councillor Bernard Manyenyeni was being politically victimised, and the issue of his suspension has nothing to do with the laws of Zimbabwe but have everything to do with the delayed alignment of local government laws to the Constitution by the Government, as represented by the Ministry of Local Government, Public Works and National Housing," said the trust."The Constitution, Section 278 (2) specifically indicates that there has to be an Act of Parliament that must provide for the removal or suspension of a Mayor/ Chairperson/Co9uncillor of a local authority."
The trust said the law says, an Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing from office mayors, chairpersons and councillors, but any such removal must only be on the grounds of— inability to perform the functions of their office due to mental or physical incapacity; gross incompetence; gross misconduct; conviction of an offence involving dishonesty, corruption or abuse of office; or wilful violation of the law, including a local authority by-law.
"A mayor, chairperson or councillor of a local authority does not vacate his or her seat except in accordance with this section. The HRT argues that the Independent Tribunal has not yet been established, and there is no provision in both the Constitution or the Urban Councils Act that gives the Minister of Local Government, Public Works and National Housing to suspend or re-suspend a Mayor/Chairperson/Councillor without the authority of the Constitution which requires that this be done by an Independent Tribunal," said the trust.
"In terms of the Urban Councils Act, which has been used on Mayor Ben Manyenyeni, his suspension was for 45 days, and now that the 45 days had lapsed with no sight of the Act of Parliament which allows for the establishment of the Independent Tribunal. This means that Mayor Manyenyeni should be officially back in office at Town House. The Mayor is in the HRT view supposed to report to work. The delays by the Minister to process the alignment of the local government laws should not be an excuse to abuse the Harare City Council."
The trust further states that the Government has no right to abuse the law, and residents denounce such bully behaviour from the Minister of Local Government, Public Works and National Housing who is abusing his political powers, instead of respecting the Constitution of Zimbabwe.
"He is not above the law, and should not be above the law," said the trust.
Source - Byo24News
