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Dr Mahachi

Herald Reporters
A Harare man has gone on a hunger strike in protest over the reinstatement of the city’s town clerk Dr Tendai Mahachi, who had been suspended for failing to submit a salary schedule for the top management to the city mayor. Philosophy Nyapfumbi (42) vowed that he would starve himself until the town clerk was suspended again. “I am acting on behalf of all city residents who want Dr Mahachi to remain suspended,” he said.

“I am not saying the Town Clerk is corrupt, but for the city to improve its service delivery which has deteriorated over the years he has to pave way for investigations to be made.

“I will stay here at Town House and I will only leave when the town clerk is no longer coming to work. Council is failing in waste management, maintaining potholes and even traffic lights while they are paying each other hefty salaries. This has to stop and I am saying no to this.”

Meanwhile, Harare lawyer Mr Tawanda Zhuwarara — through the Zimbabwe Lawyers for Human Rights — yesterday filed a High Court application saying Local Government Minister Dr Ignatius Chombo had no legal basis on which to reverse the suspension of the town clerk.

Philosophy Nyapfumbi

Mr Zhuwarara argued that Section 314 of the Urban Councils Act, relied upon by Dr Chombo in his decision, only allowed him to reverse a council resolution and not a mayoral decision. “The respondent (Dr Chombo) purported to act in terms of powers bestowed upon him in terms of Section 314 of the Urban Councils Act, which permits him to reverse, suspend or rescind a resolution or decision of Council where it is not in the public interest,” he said.

“A reading of Section 314 of Urban Councils Act reveals that the respondent can only rescind a decision of council, not that of the mayor exercising his prerogative in terms of Section 139(3)(a) of the Urban Councils Act.”

Mr Zhuwarara outlined what he said was the correct procedure for reversing mayoral decisions. He said the mayor was supposed to immediately notify council of the town clerk’s suspension in writing.

“After receipt of the written report, council, without delay, is statutorily required to conduct an inquiry or cause an inquiry to be conducted into the circumstances of the suspension.

“After considering the results of the inquiry, council decides whether or not to lift the suspension, to reprimand the town clerk, reduce the salary or any allowance payable to the town clerk or impose a fine.”

The minister could then reverse the council’s resolution.
“I submit that, as a ratepayer, I have a real and substantial interest in how my affairs at the Harare City Council are run,” he said. “The fact that the respondent has killed off investigations into the conduct of the Town Clerk is not only illegal, but morally reprehensible.” Dr Chombo is yet to respond to the application. Harare Residents Trust director Precious Shumba castigated Dr Chombo’s decision.

“Minister Chombo must not play spoiler by interfering with lawful investigations being carried out by Harare residents through their elected representatives,” he said. “He should treat this matter as a purely labour issue between an under-performing employee and an aggrieved employer.”