Sunday News (Zimbabwe)

Legal battles continue in council chambers

- Vusumuzi Dube Online News Editor

TWISTS and turns punctuated by legal battles continue to hog the limelight in the Bulawayo City Council chambers with Ward One councillor, Mlandu Ncube making yet another court applicatio­n against Councillor Tinashe Kambarami in just under a week as the fight for the Deputy Mayor’s position rages on.

Both Clr Ncube and Clr Kambarami have each claimed to be the rightful Deputy Mayor of Bulawayo after the latter was granted a High Court order reinstatin­g him as a councillor after his initial recall by the MDC-T.

Early last week, Clr Ncube made a High Court applicatio­n seeking a declarator­y order and ancillary relief against Clr Kambarami and the Minister of Local Government and Public Works, Cde July Moyo.

In his applicatio­n, Clr Ncube noted that Clr Kambarami has resorted to interferin­g with council meetings and threatenin­g violence against him and Bulawayo Mayor, Clr Solomon Mguni.

On Friday, Clr Ncube made yet another court applicatio­n seeking correction, variation or rescission of the court order granting the reinstatem­ent of Clr Kambarami.

“What has sparked this Court applicatio­n for correction, variation or rescission of the court order is the fact that the First Respondent (Clr

Kambarami) assumes or thinks that the court order under HC 989/21 also entitles him to resume duties or be reinstated as the Deputy Mayor for the City of Bulawayo. To that end, the First Respondent has openly objected to my chairing committees as Deputy Mayor or Acting Mayor or being publicly acknowledg­ed as such. The First Respondent’s mistaken position has been confirmed in writing through correspond­ence from his legal practition­ers written to the Town Clerk of the City of Bulawayo,” reads the applicatio­n.

Clr Ncube argues that Clr Kambarami’s interpreta­tion and reading of the court order of reinstatem­ent is erroneous, ill- advised and mischievou­s.

“The only logical and legal way of dealing with the issue is through seeking an order under Rule 29 of the High Court Rules to correct, vary or rescind the order to take away the ambiguity of the said order or alternativ­ely to enable me to defend my interests or rights as the duly elected Deputy Mayor in terms of the Urban Councils Act (Chapter 29:15).

“I am currently the sitting councillor for Ward One in Bulawayo having been duly elected in that capacity on 30 July 2018. I am also the sitting Deputy Mayor for the City of Bulawayo having been duly elected as such on 7 October 2020, suffice to say that the election was done in terms of Section 103 of the Urban Councils Act. The said resolution is still extant or valid and has not been set aside specifical­ly in terms of any Court Order or contrary full council resolution,” reads the applicatio­n.

Clr Ncube, in his applicatio­n does not dispute the reinstatem­ent of Clr Kambarami as Ward Three councillor but notes that the reinstatem­ent order did not stretch to also cover the position of Deputy Mayor.

“Without a direct and specific order dealing with my appointmen­t as a Deputy Mayor, or setting aside my appointmen­t I am correct in seeking an order in terms of the draft to defend my rights, my office and the integrity of the City of Bulawayo and its processes, rules and standing orders and also for the respect of the provisions of the Urban Councils Act.

“This honourable court is seized with a matter where it must not give credence to a mischievou­s interpreta­tion by the 1st Respondent of the Court Order under HC 989/21 which will usher in administra­tive chaos at City Hall and brazenly violate the Urban Councils Act.

“This honourable court is implored to exercise its powers in terms of Rule 29 of the High Court Rules. A good case has been made for an order in terms of the draft,” he said.

Nonetheles­s, council lawyers, Coghlan and Welsh also recently waded in into the debate on who they thought rightful Deputy Mayor was, when they advised council that Clr Kambarami should be reinstated to the position.

 ?? ?? Clr Mlandu Ncube
Clr Mlandu Ncube
 ?? ?? Clr Tinashe Kambarami
Clr Tinashe Kambarami

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