BULAWAYO Mayor Councillor Solomon Mguni has thrown into the
drain attempts by his party MDC-Alliance to reinstate embattled former Deputy
Mayor Mr Tinashe Kambarami, in a latest twist that shows fissures within the
opposition party.
Mr Kambarami was shown the door after High Court judge,
Justice Thompson Mabhikwa ruled that his election as councillor during the 2018
elections was in violation of Section 119 (2) (e) of the Electoral Act
following his conviction of theft.
Mr Kambarami appealed the ruling at the Supreme Court but
after consultations the local authority’s lawyers, Coghlan and Welsh wrote to
his lawyers, Samp Mlaudzi and Partners noting that the notice of appeal did not
necessarily overturn the High Court’s declaratory order.
Last week, however, the MDC-A provincial leadership in Bulawayo,
after consulting the national leadership attempted to coerce Clr Mguni to
reinstate Mr Kambarami through a letter penned by the secretary, Alderman Enrst
Rafomoyo claiming consultations with the party’s national leadership had led
them to reach the decision. Ironically, Ald Rafomoyo serves under Clr Mguni in
council. Responding to the matter, Clr Mguni refused to act on the party
directive, pitting him directly with his leaders.
“I am in receipt of your letter dated 14 October 2019,
contents of which are acknowledged. I have sought comments from the national
secretary of local government, Honourable Senator Mudzuri, whose position is
that since the matter is sub judice we cannot comment or discuss the state of
Clr Kambarami at the moment,” reads the Mayor’s response.
In the letter dated 14 October, Ald Rafomoyo had said that
after consultations it was agreed that Mr Kambarami remains the substantive
Deputy Mayor, hence should be reinstated.
“After taking into consideration all the developments around
the above matter, specifically the High Court ruling, the Supreme Court appeal
communication and interpretation from Councillor Kambarami’s lawyers, the
challenge from Mthwakazi Republic Restoration Movement and the opinion from the
council lawyers, the position of the party in consultation with national
leadership is that he remains the Deputy Mayor with the same conditions,
privileges and benefits until the appeal is finalised by the Supreme Court,
please be guided accordingly,” reads the letter which was also copied to the
party’s secretary-general, Mr Charlton Hwende, national chairperson Ms Thabitha
Khumalo, the provincial chairperson Ald James Sithole, the secretary for local
government Engineer Elias Mudzuri and the council chief whip Councillor Silas
Chigora.
Party sources revealed that they were moves to summon Clr
Mguni before the party’s provincial executive committee to whip him into line
after his refusal to reinstate Mr Kambarami.
“The provincial leadership which is largely behind the
former Deputy Mayor now wants him (Mayor) to be brought to book for his
continued insubordination regarding the Kambarami issue. However, Clr Mguni has
the backing of the party’s vice-president, Professor Welshman Ncube hence we
will see how this ends,” said the source.
The sources said the latest fight was also an indication of
the fragility of the partners that form the MDC-Alliance.
“We must know that the mayor came from Welshman Ncube’s MDC
while Kambarami was from the Chamisa camp. It seems that has not died down and
those from Chamisa camp still see Clr Mguni as an ‘unworthy’ beneficiary who
should be grateful to the main MDC for his position,” added the source.
Mr 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. Justice Mabhikwa said
Kambarami’s failure to notify his party and the Zimbabwe Electoral Commission
was in itself an act of dishonesty and an illegality, which rendered his
subsequent election a nullity. The ruling followed an application by 1893
Mthwakazi Restoration Movement Trust, through its lawyer Mr Godfrey Nyoni of
Moyo and Nyoni Legal Practitioners seeking an order nullifying Clr Kambarami’s
election as councillor for Ward 3 and the city’s Deputy Mayor. Sunday News
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