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Daniel Nemukuyu Senior Court Reporter
THE High Court has suspended the election of Chitungwiza mayor Mr Gift Tichaona Tsverere and his deputy Mr Jabulani Mtunzi pending determination of a main court challenge on the legality of their assumption of office.

Justice Edith Mushore granted the urgent interdict following a successful application by Zanu-PF councillor for the town’s ward 13, Cde Kiven Mutimbanyoka. Justice Mushore ruled in favour of Cde Mutimbanyoka after convincing arguments by Harare lawyer Mr Raymond Nembo of Nembo Attorneys.

The two, who are both MDC-candidates, were barred from assuming any duties in their capacities as mayor and deputy mayor. They will not enjoy any benefits arising from holding the offices in question.

In the urgent chamber application, Cde Mutimbanyoka cited as respondents, the duo, acting chamber secretary, the district administrator for Chitungwiza and the provincial administrator for Harare.

Cde Mutimbanyoka, who filed a main court challenge under HC 8643/ 18, seeking nullification of the election process, decided to seek an interim order interdicting the pair from executing the mayoral function. In his founding affidavit forming the basis of the urgent application, Cde Mutimbanyoka argued that the election was flawed and that it must be nullified. He told the court that no adequate notice was given to the councillors as required by the law.

“The insufficiency of the notice prejudiced councillors, more importantly myself, who wanted to lobby for the position of mayor and deputy mayor,” he said.

“The insufficient notice of such an important event as an election was not in my best interests, councillors’ best interests, the Municipality of Chitungwiza residents, the publics’ best interests and national interests as a whole.”

Cde Mutimbanyoka and four other Zanu-PF councillors, subsequently left the council chambers in protest, after realising that the district administrator was insisting on holding the election the very day councillors had been served with the invitation letters. Such notice, the councillors argued, must be issued 24 hours before the holding of the election.

The election, Cde Mutimbanyoka said, was held in violation of the Urban Councils Act. “The sections of the Urban Councils Act that sixth respondent (DA) used to conduct the said election have since been repealed and or are non-existent,” he said.

“Fourth respondent’s (acting chamber secretary) calling for the said first council meeting and sixth respondent’s convening of the said election, were illegal because only the minister is empowered to fix the date of council sitting.

“Furthermore, even assuming though, not conceding that sixth respondent was empowered to call such a special meeting, it required 24 hours written notice, at law, which was not given.”

The holding of an election at 1:30pm, according to Cde Mutimbanyoka, was in violation of the law, which prohibits the conduct of council meetings before 4:30pm, in the absence of two thirds majority of council resolution.

He argued that the election was not free and fair as it was marred by violence.