DEPOSED Bulawayo Deputy Mayor, Tinashe Kambarami, has
approached the Supreme Court challenging the nullification of his election by
the High Court.
Bulawayo High Court judg,e Justice Thompson Mabhikwa, last
week nullified Kambarami’s election as councillor for Ward 3 and the city’s
Deputy Mayor following an application by 1893 Mthwakazi Restoration Movement
Trust.
Justice Mabhikwa ruled that the election of Kambarami was
in violation of section 119 (2) (e) of the Electoral Act following his theft
conviction.
Kambarami was in July last year convicted of theft by
Bulawayo provincial magistrate, Ms Sharon Rosemani, under case number CRB
1981/18.
He was fined $80 or 18 days in prison for stealing an extension
cord from an electrician he had hired to work at his offices.
Kambarami, through his lawyers Samp Mlaudzi and Partners,
yesterday filed a notice of appeal at the Supreme Court challenging Justice
Mabhikwa’s judgment.
In papers before the court, Kambarami cited 1893 Mthwakazi
Restoration Movement Trust, its representative, Ms Nomalanga Ngwenya, the
Bulawayo City Council, Zimbabwe Electoral Commission (Zec) and MDC Alliance, as
respondents.In his grounds of appeal, Kambarami said the lower court erred by
failing to note that it had no jurisdiction to hear and determine the matter on
the basis that it was not an election petition filed under section 168 of the
Electoral Act.
He argued that the High Court erred by failing to hold that
the second respondent (Ms Nomalanga Ngwenya) did not have a locus standi to
approach the court including her organisation.
“The court a quo erred in its interpretation of section 119
(2) of the Electoral Act. Mostly importantly, the court a quo failed in not
holding that once a person had been lawfully nominated such as the appellant in
this case, he could only be removed from office in terms of section 278 of the
constitution of Zimbabwe,” argued Kambarami’s lawyers.
“The appellant prays that this appeal succeeds with costs
and that the court a quo’s judgment under case number EC8/18 be and hereby set
aside and dismissed with costs.”
In nullifying Kambarami’s election, Justice Mabhikwa said
his failure to notify his party and Zec was in itself an act of dishonesty and
an illegality, which rendered his subsequent election a nullity and therefore
unsuitable to hold a public office. According to section 119 (2) (e) of the
Electoral Act, a person shall be disqualified from being nominated as a
candidate for or from election as a councillor if he or she has been convicted
of an offence involving dishonesty.
Kambarami was convicted on his own plea of guilty to theft.
He was given a chance to voluntarily relinquish his posts
as councillor and Deputy Mayor and he declined, prompting 1893 Mthwakazi
Restoration Movement Trust to approach the High Court. Section 41 (7) of the
Urban Councils Act states that a councillor who is convicted of an offence and
sentenced to imprisonment for a period of six months or more shall forthwith
cease to exercise his or her functions or to be entitled to any remuneration as
a councillor, and subject to subsection (8), he or she shall cease to be
councillor at the expiry of 30 days from the date of such sentence.
On August 1, 2017, Kambarami engaged the complainant, Mr
Washington Chirikuudzi (68), to do some work at his offices.
Kambarami asked the complainant to leave his tools at his
offices inside a safe before knocking off. When the complainant returned on the
following morning, he discovered that his extension cord was missing. Kambarami
admitted that he took it and promised to return it.
However, Kambarami did not return the cable despite pleas
from the complainant.
Mr Chirikuudzi reported the matter to the police leading to
Kambarami’s arrest. Kambarami was elected Deputy Mayor in September last year
after beating his closest rival, Clr Mlandu Ncube of Ward One. Chronicle
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