THE opposition MDC has ordered Bulawayo mayor Solomon Mguni
to re-instate his expelled deputy Tinashe Kambarami, despite a High Court
ruling that the latter’s election was a nullity.
Kambarami has appealed to the Supreme Court against a
ruling by High Court judge Justice Thompson Mabhikwa that his election was in
violation of Section 119 (2)(e) of the Electoral Act.
Mabhikwa argued that Kambarami’s failure to notify the MDC
and the Zimbabwe Electoral Commission (Zec) of his previous conviction for
stealing an electrical extension cable was an act of dishonesty and an
illegality, rendering his election a nullity.
The ruling came after pressure group 1893 Mthwakazi
Restoration Movement Trust approached the courts seeking the nullification of
Kambarami’s election as ward 3 councillor and deputy mayor citing his
conviction.
In a letter to the mayor dated October 14, MDC Bulawayo
provincial secretary Ernest Rafamoyo however, said it was the party position
that Kambarami be re-instated.
“After taking into consideration all the developments
around the above matter … the position of the party, in consultation with the
national leadership, is that councillor Kambarami remains the deputy mayor with
the same conditions, privileges and benefits until the appeal is finalised by
the Supreme Court. Please be guided accordingly,” Rafamoyo wrote.
Following advice from its lawyers Coghlan and Welsh, the
Bulawayo City Council (BCC) barred Kambarami from acting as a deputy mayor
following Mabhikwa’s court ruling.
Rafamoyo copied the letter to the party secretary-general
Chalton Hwende, national chairperson Tabitha Khumalo, provincial chairperson
James Sithole, secretary for local government Clifford Hlatshwayo and the chief
whip Innocent Gonese.
Contacted for comment yesterday, Mguni said he had no
powers to defy the courts and re-instate Kambarami.
“What I can say is that I am still consulting with the
national leadership as he was not suspended by me, but by the High Court. It is
only a court of law that can reinstate him,” Mguni said.
“The BCC is a law-abiding council, just like the party. We
believe in the rule of law, so I am still consulting the leadership on this
letter which is in conflict with the founding values of the party on issues to
do with the rule of law.”
Kambarami’s lawyers, Samp Mlaudzi and Partners argued that
the former deputy mayor could not be stopped from attending to council business
after he appealed Mabhikwa’s High Court ruling at the Supreme Court.
In his appeal to the Supreme Court, Kambarami argues that
the 1893 Mthwakazi Restoration Movement Trust had no locus standi to challenge
him since the organisation has no legal capacity of suing or being sued.
Bulawayo provincial secretary for local government Alderman
Amen Mpofu, did not have kind words for Rafamoyo.
“I am shocked by this, why does Rafamoyo want to cause
confusion within the council? We already know that Kambarami’s matter is being
dealt with by the courts, why can’t we be patient and let the law take its
course?” Mpofu said.
“These are very young boys and they are new in the
political game. Why do they want to make the mayor look bad in the eyes of the
people? Mguni did not fire Kambarami and he does not have the capacity to do
that. Rafamoyo is exposing the power hungriness of Kambarami; he is a young
man, he still has a life.”
Mpofu said in his capacity as the provincial chairperson
for local government he has not taken the issue lying down. “Well I am not
going to be mum about this. I am the provincial chairman for local government
and I will make sure that this issue is dealt with accordingly,” Mpofu said.
Newsday
0 comments:
Post a Comment