FIRED Victoria Falls Mayor, Councillor Somvelo Dlamini who
recently approached the High Court challenging the MDC Alliance’s decision to
recall him, has withdrawn the lawsuit.
Clr Dlamini was fired by the opposition party leadership on
allegations of violating party rules.
In his court application, the fired mayor had cited the
opposition party leader Nelson Chamisa, the party’s secretary general Mr
Charlton Hwende, the party provincial chairperson Mr Prince Dubeko Sibanda,
Local Government and Public Works Minister July Moyo, MDC-Alliance, MDC and the
Victoria Falls Municipality as respondents.
Clr Dlamini filed a notice of withdrawal at the Bulawayo
High Court on Monday. The reasons of
withdrawal were however not stated in court papers.
“Be pleased to take notice that the applicant hereby
withdraws this application and that with consent of first, second, third,
fourth and fifth respondents each to pay their own costs,” read the notice of
withdrawal.
Clr Dlamini, however, indicated that he would tender
Minister Moyo’s costs.
The MDC Alliance accused Clr Dlamini of refusing to resign
from his position as Victoria Falls mayor to pave way for the party’s preferred
candidate Clr Margaret Valley of Ward 1.
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.
Mr Hwende wrote to Clr Dlamini on February 24 this year
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 Mr 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 Clr Valley.
Clr Dlamini argued that his dismissal from both the party
and council was in violation of his constitutional rights as 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 said.
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
the MDC- Alliance, arguing that at the time of his election, the party on whose
ticket he was elected was MDC.
He 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’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 Clr Varley is against the ethos of equality among the people of
different races,” he said.
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.
Chronicle
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