Kasukuwere to appeal against  ruling on suspended councillors Mr Saviour Kasukuwere
Cde Saviour Kasukuwere

Cde Saviour Kasukuwere

Auxilia Katongomara Chronicle Reporter
LOCAL Government, Public Works and National Housing Minister Saviour Kasukuwere says his ministry will appeal against last week’s High court ruling ordering him to reinstate Gweru Mayor Hamutendi Kombayi and 10 councillors whom he had suspended.

Minister Kasukuwere in August indefinitely suspended Kombayi, his deputy Artwell Manyorauta and other councillors on allegations of gross misconduct, incompetence and mismanagement of council funds and affairs.

Speaking to The Chronicle yesterday, Minister Kasukuwere said although he had not read the full judgment, he would appeal. “I haven’t read the full judgment but we’ll appeal against the ruling. We can’t condone waywardness in councils. If you’re running a council you must be responsible.

“We’ll make sure that we exhaust all channels to bring sanity to our local authorities,” said Kasukuwere.

The judgment handed down by Bulawayo High court judge Justice Nokuthula Moyo followed an urgent chamber application filed by the 11 councillors who sought an order declaring their suspension null and void.

The councillors, through their lawyers, Chitere, Chidawanyika and Partners, accused Minister Kasukuwere of acting outside the law by appointing an independent tribunal to adjudicate their case, arguing that he had no right to assume the powers of Parliament.

Councillor Kombayi yesterday said he was yet to meet other councillors following the ruling. “We haven’t yet sat down to discuss the next step, we’ll hear from our lawyers and the minister,” said Clr Kombayi.

Justice Moyo on Thursday ordered minister Kasukuwere to immediately reinstate Hamutendi Kombayi and 10 councillors. The basis of the ruling was that the section of the Urban Councils Act that was used to suspend the city fathers contravened the Constitution- the supreme law of the country.

Justice Moyo said section 114 of the Urban Councils which the minister used to suspend the councillors and appoint a tribunal was inconsistent with section 278 of the Constitution. “In summary, section 114 of the Urban Councils Act vests all powers to suspend and dismiss councillors, in the Minister of Local Government who is the first respondent.

“However, section 278 of the Constitution on the other hand gives an impression that the Constitution has taken away the powers that the Minister had in terms of section 114 of the Urban Councils Act and vested the same in an independent tribunal which should be established through an Act of Parliament,” said Justice Moyo.

She said the Constitution is the supreme law of the land and any law or Act which is inconsistent with it has no force or effect.

“The Constitution thus speaks for itself, any act or practice which is inconsistent with its provisions is invalid to the extent of the inconsistency. It stipulates that the obligation imposed by it are binding on everyone and must be fulfilled by all including the first respondent as Minister of Local Government,” said Justice Moyo.

She said the section 278 of the Constitution provides for the establishment of an independent tribunal to exercise the function of removing from office mayors, council chairpersons and councillors. “It doesn’t vest any authority to remove councillors in the Minister anymore, neither does it grant the Minister powers to establish or constitute an independent tribunal,” said Justice Moyo.

There is no way therefore, she said, that the minister can, without the legislature having promulgated a law that provides for the establishment of an independent tribunal, suspend the councillors. “I accordingly grant the provisional order as sought,” ruled Justice Moyo.

 

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