CHINHOYI COUNCILLOR FIGHTS MAYOR

A CHINHOYI councillor, who lost mayoral elections last year, has appealed to the High Court for the elections to be declared null and void.

Ward 11 councillor, Vorster Mashevedzanwa, contested and narrowly lost the elections to Councillor Garikai Dendera.

Dendera won the 11 December 2020 elections after polling five votes against Mashevedzanwa’s four.

In court papers filed on February 5, 2021, Chinhoyi Municipality chamber secretary Abel Gotora is cited as first respondent while the incumbent mayor, Dendera and town clerk Maxwell Kaitano are second and third respondents, respectively.

Mashevedzanwa, through Thomas Nelson attorneys, filed an urgent chamber application at the High Court, to have the elections dismissed as a nullity.

In the application to the High Court, Thomas Nelson attorneys said the matter was urgent as it related to an illegality of an office of the Mayor of a local authority and had public interest and thus the issue raised had to be dealt with urgently so as to put finality to the loophole complained of.

“Thus this matter cannot wait the ordinary roll regard being had to the prevailing national lockdown and allowing the matter to be heard under the normal roll would culminate in the perpetuation of an illegality as set out in the applicant’s founding affidavit.”

He said section 84(4) of the Urban Councils Act governing the calling of special council meetings specifically provided that a written notice of a special meeting called in terms of subsection (3) shall be sent to each councillor at least twenty-four hours before the meeting and shall specify the object of the meeting and no matters other than those specified in that notice, shall be discussed at that special meeting.

Mashevedzanwa said the Act was his emphasis. Mashevedzanwa argued that a notice convening the special meeting was delivered to his residence at or around 6pm and calling a meeting the following morning at 10am.

Mashevedzanwa said the respondent (Dendera) was, therefore, not properly elected as duly elected Mayor of Chinhoyi and accordingly, applicant sought a declaratory order to the same and setting aside of the purported election and appointment.”

Mashevedzanwa prays to the court to treat the matter as urgent in order to stop Dendera from exercising the role of mayor as he occupies the post unlawfully. Dendera of Ward 5 in his opposing affidavit through his attorneys Messrs Mbidzo, Muchadehama and Makoni said the applicant confirmed having had notice of the elections and having participated in the elections. The ‘protest’ he alleges was never recorded in the minutes of the meeting.

He said the event complained about took place on 11 December 2020 and the applicant waited for more than fifty-six days before taking action.

“No explanation has been tendered for the failure to act in those fifty-six days. Applicant cannot hide behind the lockdown. Firstly, because as at 11 December, courts were open for filing of new cases. Secondly, urgent matters were being filed under every level of lockdown and his ability to file now is sufficient testimony to that effect.”

He said that if the applicant could wait for such a long period before taking action, he can surely wait for the matter to be disposed of on the ordinary roll.

Dendera said that the applicant raised no objection during the electoral process and his current challenge is a mere reflection of a sore loser in an otherwise lawful process.

“It cannot therefore be fathomed how such interest has not been pleaded. Applicant has not established any basis upon which he can act for all residents or all Councillors in Chinhoyi.

“In the circumstances, I pray that the application be dismissed with costs on the higher scale,” said Dendera.