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Clr Manyenyeni

Chief Court Reporter
The High Court has reserved judgment in the case in which Harare Mayor Councillor Bernard Manyenyeni is challenging his suspension. Clr Manyenyeni argued that the suspension was unlawful and contravened provisions of the Constitution.

He was suspended by Local Government, Public Works and National Housing Minister Saviour Kasukuwere early this month for unprocedurally appointing former NMBZ chief executive Mr James Mushore as the city’s town clerk.

Government argues the appointment violated the Urban Councils Act.

Justice Mary Zimba-Dube yesterday heard full arguments of the chamber application from both parties’ counsel and reserved her judgment.

Advocate Lewis Uriri instructed by Zimbabwe Lawyers for Human Rights lawyers Mr Dzimbabgwe Chimbgwa and Mr David Hofisi argued the matter for Clr Manyenyeni while the Attorney-General’s Civil Division acted for Local Government, Public Works and National Housing Minister Saviour Kasukuwere and the AG Advocate Prince Machaya.

Mr Chimbgwa confirmed the development to The Herald.

“Judgment is reserved after full argument for the judge to consider submissions by both parties’ lawyers,” said Mr Chimbgwa. “We are now waiting for the outcome.”

Mr Chimbgwa said their main argument was the issue of unconstitutional exercise of power by Minister Kasukuwere in suspending the mayor.

He said Minister Kasukuwere took powers invested in the independent tribunal to suspend the mayor.

“We also made the point in the decided case of Gweru Mayor Hamutendi Kombayi where the High Court held that the minister acted unconstitutionally like a loose cannon without regard whatsoever of the Constitution which should guide his decision,” said Mr Chimbgwa.

In October last year, Bulawayo High Court judge Justice Nokuthula Moyo ordered Minister Kasukuwere to reinstate Clr Kombayi and 10 councillors he had suspended.

The basis of the ruling was that the section of the Urban Councils Act used to suspend the councillors contravened the Constitution of Zimbabwe.

Justice Moyo’s ruling followed an urgent chamber application filed by the 11 councillors who sought an order declaring their suspension null and void

Minister Kasukuwere had in August indefinitely suspended Clr Kombayi, his deputy Clr Artwell Manyorauta and nine other councillors on allegations of gross misconduct, incompetence and mismanagement of council funds and affairs.

Justice Moyo said Section 114 of the Urban Councils used by the minister to suspend the councillors and to appoint a tribunal was inconsistent with Section 278 of the Constitution.

But Mr Luckson Muradzikwa of the Civil Division in the AG’s Office said the issue for determination related to the mayor’s suspension and removal from office.

In this regard, he said, Minister Kasukuwere did not breach the provisions of the Constitution as calimed by Clr Manyenyeni’s lawyers.

It was also argued that Minister Kasukuwere has since appealed against the High Court decision in the Clr Kombayi case, hence the minister acted properly in terms of the Urban Councils Act.

In his urgent application, Clr Manyenyeni contended that in terms of the Constitution of Zimbabwe, removal of mayors, councillors and chairpersons is done by an independent tribunal in terms of an Act of Parliament.

“There is neither that Act of Parliament nor independent tribunal,” argued Clr Manyenyeni.

“The first respondent (Minister Kasukuwere) has thus arrogated to himself powers he no longer has in violation of the Constitution of Zimbabwe.”