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Mashudu Netsianda Senior Court Reporter
GWERU Mayor Hamutendi Kombayi and 10 councillors are seeking to block a Supreme Court appeal by the Local Government, Public Works and National Housing Minister Saviour Kasukuwere who is challenging a High Court ruling granted in their favour. Cde Kasukuwere is challenging a ruling by Bulawayo High Court judge Justice Francis Bere ordering him to reinstate the 11 councillors who were suspended for alleged abuse of office.

Justice Bere in February confirmed an interim order by his counterpart Justice Nokuthula Moyo to immediately reinstate Clr Kombayi and the 10 councillors who were suspended by the Minister on allegations of gross misconduct, incompetence and mismanagement of council funds and affairs.

The councillors on Monday filed a chamber application at the Bulawayo High Court citing Cde Kasukuwere, the provincial administrator for Midlands, Cecilia Chitiyo, Dr Luckson Chikumbirike, Mr Goodwill Khosa and Mr Nicholas Moyo as respondents.

Clr Kombayi, in his founding affidavit, said the notice and grounds of appeal filed by the respondents last month were defective for want of compliance with Rules 29 (2) and Rule 34 of the rules of the Supreme Court. The councillors want the judgment handed down by Justice Bere to remain enforceable, arguing that there was no valid appeal pending. “I submit that there is no appeal to talk about. All the respondents have exhibited is a clear propensity to frustrate us as applicants to enjoy the judgment of this honourable court delivered on February 22, 2016,” said Clr Kombayi.

The respondents through the Civil Division of the Attorney-General’s Office argued that the court a quo misdirected itself by failing to take into account the public interests in its judgment. They said the court a quo failed to exercise its powers under section 175 (6) of the constitution, arguing that the circumstances of the case demanded such powers to be invoked.

Cde Kasukuwere in August last year indefinitely suspended Clr Kombayi, his deputy Artwell Manyorauta and 14 councillors on allegations of gross misconduct, incompetence and mismanagement of council funds and affairs.

Justice Bere agreed with the councillors’ lawyers, Chitere Chidawanyika and Partners who had argued that Kasukuwere’s decision to suspend the councillors and appoint a tribunal to look into allegations of abuse of office and corruption against them were in contravention of the provisions of the constitution.

Justice Bere said 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 does not vest any authority to remove councillors in the Minister anymore, neither does it grant the Minister powers to establish or constitute an independent tribunal.

The councillors accused Cde Kasukuwere of acting outside the law by appointing an independent tribunal to adjudicate their case, arguing that he had no right to abrogate himself the powers of Parliament.

The councillors further contended that there was no legal basis for Chitiyo to press charges against the applicants. In their application, the councillors said the convening and sitting of the tribunal comprising Dr Chikumbirike, Khosa and Moyo was an unlawful, wrongful and continuation of a violation of their rights. Clr Kombayi and his councillors’ suspension letters come against the backdrop of a two-week audit exercise of the city’s books by a Government probe team.