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Dr Mahachi

Innocent Ruwende Municipal Reporter
Harare Mayor Bernard Manyenyeni erred when he unilaterally sent town clerk Dr Tendai Mahachi on forced leave for reportedly stalling the city’s succession plan and executive salary negotiations without a council resolution, Local Government experts have said.

Mayor Manyenyeni on Tuesday sent Dr Mahachi on indefinite forced leave for reportedly stalling the city’s succession plan and rationalisation of executive salaries.

He then appointed corporate services and housing director Mrs Josephine Ncube as acting town clerk.

The decision shocked many councillors, some of whom had earlier on lauded the town clerk for reducing salary arrears to two months, among other achievements.

Municipal Development Partnership Eastern and Southern Africa programmes and resource mobilisation manager, Mr Shingirayi Mushamba, said from this development, one could suspect that the issue was personal.

“One can only suspect that this is not an issue between City of Harare and the town clerk but between Mayor Manyenyeni and the town clerk.

“The fact that there was no council resolution and that he made the announcement in a full council meeting shows that he knew the law but wanted to circumvent it.

“He wanted to use the full council to portray a picture that councillors knew of the decision,” he said.

Harare lawyer Mr Musindo Hungwe said Mayor Manyenyeni had jumped the gun.

“The town clerk is an employee of council and not the mayor.

“Ordinarily, anything to do with his (Dr Mahachi’s) employment status must be subjected to a full council resolution because a municipality as represented by councillors can only lawfully act when gathered together,” he said.

Another expert who preferred anonymity said although the town clerk reports to the mayor and signs his normal leave, he should have a council resolution to send Dr Mahachi on forced leave.

“The town clerk reports to the mayor but he is still a council employee hence the mayor should be backed by a council resolution when making such decisions,” he said.

However, lawyer and MDC-T spokesperson Mr Obert Gutu, said the town clerk was answerable to the mayor.

“The mayor is his boss in the organogram.

“It is perfectly legitimate and lawful for the mayor to send him on leave especially if there are issues which are best attended to in his absence. Remember he was not suspended but sent on leave,” he said.

After the meeting, Dr Mahachi said he was shocked by the mayor’s decision as he had not been served with a letter to that effect.

Mayor Manyenyeni, however, dismissed Dr Mahachi’s comments that the indefinite leave was a result of personal differences.

“I never make personal decisions. I had a professional relationship with the town clerk until our paths went separate ways.

“We are seized with certain matters at council, some of which are being handled jointly or concurrently with the Ministry (of Local Government, Public Works and National Housing) and the Local Government Board. We had hoped to complete the succession plan by June 30,” said Mayor Manyenyeni.