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a tribunal to investigate Harare’s land sales, leases and land exchanges between 2004 and 2009 because there is no law that empowers him to do so.

Mr Masunda is expected to announce the five-member tribunal today during a full council meeting.
It is made up of former law officers.

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The tribunal will either validate or dismiss allegations of impropriety levelled against Local Government, Rural and Urban Development Minister Ignatius Chombo and city businessman Philip Chiyangwa. The two are accused of illegally acquiring vast swathes of land in Harare. In a letter to Mr Masunda dated 3 August 2011, Clr Nyachowe said the setting up of the tribunal was illegal and would not improve the discharge of council’s duties. He accused Mr Masunda of personalising the selection of the tribunal. But Mr Masunda yesterday said: “We should not rake over old coals about the rationale behind the establishment of an independent tribunal to adjudicate over various issues”.

He said there was need to put to bed the matter once and for all.
“One of the fundamental principles of natural justice clearly states that nobody can be prosecutor, judge and executioner of his or her own cause,” he said. But Clr Nyachowe said Mr Masunda was interested in stirring controversy that did not improve service delivery.

He challenged Mr Masunda to set up committees to spearhead delivery of water, collection of refuse and repair of roads. He said Mr Masunda had failed to explain whose idea it was to appoint the tribunal.

“Will you dispute if I put it to you that this tribunal is your personal project, which you want the council to adopt through the back door.
“Mayor, you are very clear that all councillors up to now, as I write this letter to advise you are not informed of what you want to achieve with this tribunal. The majority of councillors are in the dark and curious to know what you intend to do,” he said.

He said the Urban Councils Act that governs the operations of local authorities “does not provide for such an activity by you even by the council in its entirety.”
He said the Act made it illegal to set up such a tribunal because it was not a special committee set up by councillors.

“Mayor, you have no authority to initiate this tribunal let alone that you are setting up an external board,” he said.
Clr Nyachowe said the setting up of such bodies was a joint responsibility between council and Local Government, Rural and Urban Development Minister.

“This project you are pursuing has no value to residents now and in the future. It may be misconstrued as an attempt by yourself to set up your friends, the retired judges, lawyers and others to come and earn a livelihood from the already bankrupt City of Harare,” he said. Addressing a recent full council meeting, Mr Masunda said the tribunal would consider the confidential report by the ad-hoc committee, which was led by fired Clr Warship Dumba.
Minister Chombo has distanced himself from the corruption allegations saying they were aimed at tarnishing his image.