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Mr Mushore

Freeman Razemba Senior Reporter—
The MDC-T-led Harare City Council has resolved to withdraw its recent decision to send town clerk Mr James Mushore on forced leave without benefits, amid reports that the councillors were pressurised by their party leadership which was fully behind the appointment. Acting Mayor Christopher Mbanga announced during a full council meeting on Friday that they were withdrawing the decision to send Mr Mushore on forced leave. He did not give reasons why they had come up with the decision.

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Observers say the councillors bowed down to pressure from MDC-T leader Mr Morgan Tsvangirai who ordered them to withdraw their decision to send Mr Mushore on forced leave or risk being fired from the party.

Mr Mushore, formerly NMB chief executive, has been reporting for duty since he was never been given a letter announcing his suspension. Early this month, Harare City Council sent town clerk Mr Mushore on forced leave without benefits, a month after his controversial appointment.

The former NMB chief executive was appointed without following laid down procedures. Government rescinded the appointment saying council violated the Urban Councils Act. His appointment was also not approved by the Local Government Board.

Some residents’ associations then approached the High Court with an urgent application arguing that Local Government, Public Works and National Housing Minister Saviour Kasukuwere did not have the power to rescind the decision in terms of the Constitution.

The application was ruled not urgent and will now be heard in normal High Court time. The associations claimed the minister was only supposed to be notified of the appointment. Early this month, councillors convened a special council meeting and resolved to send Mr Mushore on forced leave. The special council meeting was cleared by the High Court.

This was after some residents associations sought to bar council from holding the meeting. The media was not allowed in the special council meeting with Acting Mayor Mbanga saying they were discussing a human resources matter.

After the meeting council spokesperson Mr Michael Chideme said: “The council’s position is that the town clerk has been asked not to report for duty until all matters before the courts are dealt with.”

Minister Kasukuwere warned the city that the appointment of Mr Mushore was illegal, but council still gave him the job. This saw Harare Mayor Cllr Bernard Manyenyeni being suspended.

The High Court recently upheld the suspension of Cllr Manyenyeni, saying the Minister of Local Government, Public Works and National Housing Saviour Kasukuwere’s decision was proper and in terms of the law.

Cllr Manyenyeni was suspended from office by Minister Kasukuwere on March 20 this year, pending an investigation into his conduct of employing Mr Mushore as town clerk without the ministry’s approval.

He then filed an urgent chamber application at the High Court seeking nullification of the suspension. Cllr Manyenyeni was seeking an order directing his reinstatement to the post with full pay and benefits. He also wanted the court to bar Minister Kasukuwere from interfering with his operations as mayor of Harare.

Dismissing Cllr Manyenyeni’s urgent chamber application, Justice Mary Dube said in terms of the law the minister was only empowered to suspend a mayor, but removal from office required the appointment of an independent tribunal to determine the matter.