News / Regional
Gweru Town clerk sues Kasukuwere
03 Jun 2016 at 06:37hrs | Views
SUSPENDED Gweru Town Clerk, Daniel Matawu, has taken Local Government, Public Works and National Housing Minister Saviour Kasukuwere to court challenging his decision to "unlawfully" extend the tenure of three commissioners who have been running the affairs of the local authority since August last year.
Kasukuwere last year suspended Gweru mayor Hamutendi Kombayi and 10 other councillors for alleged corruption and misappropriation of funds before appointing the commission to take care of the council's affairs.
In January, the commission, led by former Masvingo town clerk Tsunga Mhangami, suspended Matawu for allegedly presiding over rampant corruption in the city.
Matawu, through his lawyers Chitere, Chidawanyika and Partners, yesterday filed an application at the Bulawayo High Court citing Kasukuwere, Gweru City Council and the three commissioners Mhangami, Mark Choga and Parenyi Chomunorwa as the respondents.
He is seeking an order declaring as null and void the appointment and extension of the tenure of the caretaker council for a period in excess of 90 days.
Matawu, in his founding affidavit, said the commissioners suspended him when they no longer had the mandate to act as caretaker councillors.
"After the expiry of their tenure on November 13, 2015, the caretaker council comprising Mhangami, Choga and Chomunorwa had remained in office past their legal mandate. My suspension on January 16, 2016, was therefore a nullity," said Matawu.
"Accordingly, I have not been able to find any other provision of our law that allows the caretaker councillors to operate outside their 90-day period."
He accused the Minister of violating the law by extending the tenure of the commission.
"Even assuming that the Minister still had the power to appoint a caretaker council, the law would allow him to do so only for a period of not more than 90 days as set out in section 80(3) of the Urban Councils Act," said Matawu.
He said the commissioners have been occupying the office illegally and unlawfully and therefore any decision they make has no legal force and effect.
Matawu was suspended following a government audit that was conducted by the Local Government Ministry between July 3 and July 15 last year.
The audit exposed massive rot at GCC.
Kasukuwere last year suspended Gweru mayor Hamutendi Kombayi and 10 other councillors for alleged corruption and misappropriation of funds before appointing the commission to take care of the council's affairs.
In January, the commission, led by former Masvingo town clerk Tsunga Mhangami, suspended Matawu for allegedly presiding over rampant corruption in the city.
Matawu, through his lawyers Chitere, Chidawanyika and Partners, yesterday filed an application at the Bulawayo High Court citing Kasukuwere, Gweru City Council and the three commissioners Mhangami, Mark Choga and Parenyi Chomunorwa as the respondents.
He is seeking an order declaring as null and void the appointment and extension of the tenure of the caretaker council for a period in excess of 90 days.
Matawu, in his founding affidavit, said the commissioners suspended him when they no longer had the mandate to act as caretaker councillors.
"After the expiry of their tenure on November 13, 2015, the caretaker council comprising Mhangami, Choga and Chomunorwa had remained in office past their legal mandate. My suspension on January 16, 2016, was therefore a nullity," said Matawu.
"Accordingly, I have not been able to find any other provision of our law that allows the caretaker councillors to operate outside their 90-day period."
He accused the Minister of violating the law by extending the tenure of the commission.
"Even assuming that the Minister still had the power to appoint a caretaker council, the law would allow him to do so only for a period of not more than 90 days as set out in section 80(3) of the Urban Councils Act," said Matawu.
He said the commissioners have been occupying the office illegally and unlawfully and therefore any decision they make has no legal force and effect.
Matawu was suspended following a government audit that was conducted by the Local Government Ministry between July 3 and July 15 last year.
The audit exposed massive rot at GCC.
Source - chronicle
