They want their recalls to be declared null and void,
saying their constitutional rights were violated.
Moyo last week announced that the three positions were
vacant after they were recalled by PDP in a letter dated March 28, 2022.
“In terms of section 278(i) of the Constitution of
Zimbabwe, as read with section (l)(k), the wards the three represented were now
vacant because the three had joined Citizens’ Coalition for Change (CCC),” Moyo
said.
But Mafume and the two councillors argue that they belonged
to the PDP led by Tendai Biti.
They cited Moyo, the town clerks of Harare, Bulawayo,
Mutare and the Zimbabwe Electoral Commission as respondents.
Mafume won the 2018 local authority elections in ward 17 in
Harare under the MDC Alliance.
Other PDP members who were recalled included Kucaca Phulu,
Settlement Chikwinya, Dube, Chabuka, Willias Madzimure, Regai Tsunga, Biti and
Chelesile Mahlangu who had won National
Assembly seats under the MDC Alliance.
On April 14, 2021, the High Court ruled that only
authorised representatives of the PDP led by Biti, in particular under
Chikwinya as the secretary-general had the power to act on behalf of the PDP.
“In this regard, Moyo and those who communicated with him
are violating our choice by seeking to ascribe us membership of a political
party that is alien to us and is certainly not the PDP led by Biti and
Chikwinya that we have always been members since 2017,” Mafume submitted.
They asked the town clerks to disregard Moyo’s letter. The matter is yet to be heard. Newsday
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