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Outgoing Local Government, Rural and Urban Development Minister Ignatius Chombo (right) and Permanent Secretary Killian Mpingo (left).

Daniel Nemukuyu Senior Reporter
Government has 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 on the election of mayors and council chairpersons following the harmonised elections held on July 31.

He spelt out the Government position basing his facts on Section 274 (2) as read with Sections 265(2) and 275 of the Constitution of Zimbabwe.

“It is underscored that in terms of Section 274 (2) as read with Section 265 (2) and Section 275 of the Constitution of Zimbabwe Amendment Number 20, mayors and chairpersons shall be elected from among elected councillors only,” said Mr                         Mpingo.

“As provided in the Third Schedule of the Constitution of Zimbabwe, councillors are required to take an oath of affirmation as prescribed. That should be done during the inauguration meetings.”

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

In the application filed by MDC-T lawyers, Mwonzora and Associates, the Minister of Local Government, Rural and Urban Development and provincial administrators for Harare and Bulawayo were cited as respondents.

The inauguration of the council mayors and chairpersons had initially been set for last Tuesday, but it was deferred indefinitely.
MDC-T secretary for Local Government Mr Blessing Chebundo disposed 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 is that mayors can be elected from persons who may not be elected councillors,” he said.
“Section 277(2) of the Constitution states that non-executive mayors will be elected at the first sittings of the appropriate councils.”

Section 49 of the Urban Councils Act, Mr Chebundo argued, 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.
The matter is yet to be set down for hearing.

The application was filed at a time legal experts have expressed shock over MDC-T’s failure to appreciate the law which clearly stipulates that only elected councillors can stand as mayoral candidates.

Professor Lovemore Madhuku said on Monday that the new Constitution dictates that a mayor must be selected from elected councillors and that MDC-T’s reading of the law was wrong.

He expressed shock at the “ignorance of the Constitution by MDC-T”, which has several lawyers in its rank and file.
Prof Madhuku said that the provisions of the Urban Councils Act that allowed the appointment of former Harare mayor Mr Muchadeyi Masunda when he was not a councillor was invalidated by Section 265(2) of the new Constitution.