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Mashudu Netsianda Senior Court Reporter
BINGA North MDC-T MP Prince Dubeko Sibanda has taken Binga Rural District Council chief executive officer, Joshua Muzamba, to court for failing to relinquish his post following his election into the Zanu-PF Central Committee.

Sibanda yesterday filed a court application at the Bulawayo High Court seeking an order compelling Muzamba to resign as the council boss for occupying a political position.

In papers before the court, Sibanda is the applicant while Muzamba and Binga RDC were cited as the respondents.

Sibanda through his lawyers, Phulu and Ncube, said Muzamba was in violation of section 266(3) of the Constitution.

“The holding of a political office in Zanu-PF’s Central Committee by Muzamba while being the chief executive officer for Binga RDC is in contravention of section 266(3) of the Constitution. The law does not allow employees of local authorities to hold office in a political party,” said Sibanda.

Section 266 (3) of the constitution reads: “Employees of provincial and metropolitan councils and local authorities must not be office-bearers of any political party.”

In his founding affidavit, Sibanda said despite writing a letter to Binga RDC chairperson and raising the issue in Parliament there was no response.

“I wrote a letter and delivered it to the Binga RDC chairperson on July 9, 2015 and to date there is no response.

“I also raised the issue with the Minister of Local Government in Parliament since he is the person charged with the affairs of local government, but the Minister saw nothing wrong with the issue,” argued Sibanda.

“The conduct of the first respondent (Muzamba) is clearly in breach of the constitution and it is not permissible.”

Sibanda further argued that the holding of an office of a political party by employees of local authorities compromises service delivery.

“The constitution outlaws the holding of a political party office by council employees, primarily because they have to serve all manner of people even those of different political parties and persuasions,” said Sibanda.

The MP wants the court to order Muzamba to immediately vacate the office of chief executive officer of Binga RDC if he doesn’t relinquish his post as Zanu-PF Central Committee member.

Muzamba was elected to the Zanu-PF Central Committee in December 2014.

Muzamba and the Binga RDC have not yet filed opposing papers.