Legal battles continue in council chambers
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.