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Mashudu Netsianda, Senior Court Reporter
THE High Court yesterday blocked the Zimbabwe Electoral Commission (Zec) from holding Gweru City Council by-elections to fill two vacant positions which arose following the expulsions of former mayor Hamutendi Kombayi and Councillor Kenneth Sithole.

Messrs Kombayi and Sithole were recently fired by the Minister of Local Government, Public Works and National Housing Cde Saviour Kasukuwere following recommendations by an independent tribunal.

The ruling by Bulawayo High Court judge Justice Nicholas Mathonsi followed an urgent chamber application by the two former councillors who sought an order blocking Zec from holding the by-elections to fill their positions.

The judge interdicted the electoral body from holding elections pending an application for review by the two former councillors challenging their dismissal by Minister Kasukuwere.

“The third respondent (Zec) and fourth respondent (Midlands provincial elections officer) be and are hereby interdicted from holding by-elections for wards one and four in Gweru until the finalisation of an application for review filed by the applicants and others under Case Number HC637/17,” ruled Justice Mathonsi.

The two former Gweru councillors last week filed an urgent chamber application at the Bulawayo High Court through their lawyers, Gundu and Dube Legal Practitioners, citing Minister Kasukuwere, Gweru City Council, Zec and Midlands provincial elections officer as respondents.

Under Case Number HC637/17, Messers Kombayi, Sithole and 12 other councillors are seeking an order to set aside their convictions.

In his founding affidavit, Mr Kombayi said he stood to suffer irreparable harm if the by-elections were to proceed.

“I believe that if the by-elections are allowed to proceed, I will suffer irreparable harm in the event that our pending application for review is rendered a mere academic exercise.

“If the by-elections are allowed to proceed, third parties who have nothing to do with the present matter or the main matter may be appointed for the positions and there will be no other remedy for us,” he said.

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