THE High Court has dismissed Victoria Falls councillor
Richard Mguni’s bid to stop the nullification of his election as mayor by
fellow MDC-Alliance councillors after Government reinstated Clr Somvelo
Dhlamini to the top post in the resort town.
Clr Dlamini was expelled by the MDC-Alliance early this
year on allegations of violating party rules leading to Local Government and
Public Works Minister July Moyo declaring the seat vacant.
Victoria Falls councillors then sat as a full council and
elected Clr Mguni as the new mayor to replace Clr Dhlamini despite the
municipal management insisting that the election be deferred.
Last month, Minister Moyo reinstated Clr Dhlamini on the
basis of a letter written by Mr Douglas Mwonzora who is secretary general of
the MDC-T of 2014, as per the recent Supreme Court ruling which recognised Dr
Thokozani Khupe as the party leader.
This led to a legal battle in the High Court as Clr Mguni
sought to block Clr Dhlamini from reclaiming the mayoral position.
Following an urgent chamber application by Clr Mguni
challenging Minister Moyo’s decision to reinstate Clr Dhlamini, Bulawayo High
Court judge Justice Christopher Dube-Banda has ruled that he had failed to
establish prima facie right to challenge Government’s decision to reinstate his
rival.
Justice Dube-Banda said Clr Mguni failed to prove that
there was a vacancy in the mayoral office at the time he claims he was elected.
“My view is that applicant (Clr Mguni) has failed to
establish prima facie, though open to some doubt that he was elected mayor of
Victoria Falls Municipality and assumed office as the mayor and set out to
perform his duties,” he said.
“My finding is that applicant has not established prima
facie right and therefore the requirement of a well-grounded apprehension of
irreparable harm if the interim relief is not granted does arise in this case.
The balance of inconvenience does not favour the granting of interim relief
because applicant has not established prima facie right.”
Justice Dube-Banda said in the event that the court was to
uphold Clr Mguni’s request, it was going to result in him taking over the
mayoral office of Victoria Falls and dislodging Clr Dhlamini.
“On the facts of this case, I take the view that an interim
interdict sought by the applicant must be refused. The applicant failed to
discharge such onus and in the result, the interim relief sought by the
applicant is dismissed with costs,” ruled the judge.
Clr Mguni through his lawyers Ncube Attorney, had filed an
urgent chamber application at the Bulawayo High Court citing Minister Moyo, Clr
Dhlamini and Victoria Falls Municipality as respondents.
In his founding affidavit, Clr Mguni said Minister Moyo’s
directive to reinstate Clr Dhlamini was unlawful.
Clr Mguni argued that for Minister Moyo to reverse the
recall decision by his party in terms of section 129 (k) as read with section
278 (1) of the Constitution or his election, the minister required a court
order.
He said his constitutional rights to seek and hold public
office were being violated. In a letter dated May 5, 2020, written to Clr
Dhlamini and Victoria Falls Municipality, Minister Moyo said the former mayor
had been reinstated with immediate effect without loss of benefits.
He said Clr Dhlamini was reinstated as a councillor and
there was no provision for an election of a new mayor. The Minister said Clr
Dhlamini retains his mayoral post until the end of his term of office. Chronicle
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