FIRED Victoria Falls Mayor, Councillor Somvelo Dlamini has
approached the High Court challenging the MDC Alliance’s decision to recall him
on allegations of violating party rules and undermining protocol.
In his court application, the fired mayor cited the
opposition party, its leader Nelson Chamisa and other party officials.
The MDC Alliance accuses Mr Dlamini of refusing to resign
from his position as Victoria Falls mayor after a contentious election in 2018
to pave way for the party’s preferred candidate Cllr Margaret Valley of Ward 1.
By so doing the party alleges that Clr Dlamini defied the
party directive when he stood as a candidate and defeated Clr Valley by eight
votes to three.
The party’s secretary general Mr Charlton Hwende wrote to
Clr Dlamini a letter dated February 24, 2020, advising him about the decision
of the party’s national council to terminate his membership and remove him as
the resort town’s mayor and ward 9 councillor.
The letter which was copied to the party’s Matabeleland
North provincial chairperson Mr Prince Dubeko Sibanda and Victoria Falls
Municipality said Clr Dlamini had violated party instructions.
“Your expulsion is in terms of article 5.11(a) of the
Movement for Democratic Change constitution as read with the unanimous national
council resolution of 23rd November 2018. Consequently, the party is
immediately invoking the provisions of Section 278 (1) of the Zimbabwe
Constitution as read with Section 129 of the same to have you removed from the
position of councillor of the Victoria Falls Municipality,” reads part of the
letter.
It is the third time that the Chamisa-led party has fired
Clr Dlamini after expelling him from the party twice in 2018 before reinstating
him for allegedly defying his superiors’ decision not to stand for election as
Victoria Falls mayor to pave way for a candidate of their choice Clr Valley.
Clr Dlamini, who is a self-actor, filed an application at
the Bulawayo High Court challenging his removal from the council seat, citing
Mr Hwende, MDC, MDC-Alliance and Mr Chamisa, Mr Sibanda and Local Government
and Public Works Minister July Moyo as respondents.
In his founding affidavit, Clr Dlamini said his dismissal
from both the party and council was in violation of his constitutional rights,
arguing that he was never brought before a disciplinary hearing.
“I was never charged of any act of misconduct in terms of
the MDC Alliance’s constitution. The law clearly states that where an adverse
administrative decision is to be taken against me I ought to be given an
opportunity to make representations, but in this case, I was neither afforded
such an opportunity nor furnished with any reasons thereof,” he argued.
“My right to a fair administrative justice under section 68
of the constitution has been violated since I was never brought before a
disciplinary hearing to answer any charges either at provincial level or on
appeal before the national disciplinary committee.”
Clr Dlamini said in terms of section 129 (1) (k) as read
with section 278 of the constitution of Zimbabwe, he could not be recalled by
MDC Alliance, arguing that at the time of his election, the party on whose
ticket he was elected was MDC. “I must state that at the time of elections, the
party, which I belonged to was the MDC led by Professor Welshman Ncube. It went
into the composite political agreement with other six political parties
including the MDC-T led by the late Morgan Tsvangirai and all these parties
remained independent and none of them were dissolved in terms of their
respective constitutions,” he said.
Clr Dlamini said he was together with Masvingo and Chegutu
mayors asked to step down since they were elected under the same circumstances.
“However, my colleagues from Masvingo and Chegutu have not
be recalled while I am being recalled. I am therefore subjected to unfair
discriminatory conduct which is against the constitution of Zimbabwe. The
fourth respondent (Mr Chamisa)’s actions of showing racial discrimination in
saying I must resign from being mayor of Victoria Falls to pave way for his
preferred losing candidate Margarete Varley is against the ethos of equality
among the people of different races,” he said.
Clr Dlamini wants an order nullifying his letter of
dismissal dated February 24, 2020.
He also wants the court to declare the actions of the
respondents illegal and a breach of the constitution.
Clr Dlamini is also facing charges of abuse of office after
he allegedly forged title deeds of a housing stand in 2013 before illegally
selling it for US$20 000. The matter is still pending before the courts.
The respondents are yet to respond. Chronicle
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