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Daniel Nemukuyu Senior Court Reporter
The Electoral Court will today hear an urgent chamber application by MDC-T in which the party is challenging the Government’s position that mayors should only be selected from elected councillors.The Ministry of Local Government, Rural and Urban Development recently instructed provincial and district administrators to ensure that those elected as mayors and chairpersons of councils come from elected councillors when they preside over the inauguration of councils expected soon.

Secretary for Local Government, Rural and Urban Development Mr Killian Mpingo wrote to the provincial administrators two weeks ago clarifying the position basing his facts on Section 274 (2) as read with Sections 265(2) and 275 of the Constitution of Zimbabwe.

The directive has sparked debate, with the MDC-T filing an urgent chamber application at the Electoral Court on Tuesday seeking to compel the outgoing Local Government, Rural and Urban Development Minister Ignatius Chombo to allow non-councillors to be elected as mayors and chairpersons of local authorities.

Justice Lavender Makoni will hear the matter in her chambers today.
In the application filed by MDC-T lawyers, Mwonzora and Associates, Minister Chombo and provincial administrators for Harare and Bulawayo were cited as respondents.

MDC-T secretary for local government Mr Blessing Chebundo deposed an affidavit on behalf of the party indicating that they had already held their caucus to select mayoral candidates for all cities including Harare and Bulawayo and that some of the preferred candidates were not elected councillors.

The party selected outgoing Justice and Legal Affairs Deputy Minister Obert Gutu, a lawyer, as nominee for Harare mayorship.
It also hand-picked National University of Science and Technology lecturer Mr Mandla Nyathi as the new Bulawayo mayor.

MDC-T went further and nominated its Chitungwiza deputy spokesperson Mr Isaac Manyemba for mayor of the town.
Mr Chebundo argued that the instruction by Mr Mpingo that mayors and chairpersons of councils should be elected from elected councillors was not in line with the Constitution of Zimbabwe.

The correct legal position, according to Mr Chebundo, was that mayors can be elected from persons who may not be elected councillors.
He argues that Section 277(2) of the Constitution states that non-executive mayors will be elected at the first sittings of the appropriate councils.

Mr Chebundo also argues that Section 49 of the Urban Councils Act, that provides for qualification of mayors, does not disqualify anybody who is not an elected councillor to stand as a mayor.

He also argued that Section 103 of the Urban Councils Act stipulates that mayors can be elected from councillors or other persons.