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Herald Reporter
Expelled Chitungwiza councillor for Ward 25 Dr Fredrick Mabamba, whose constitutional challenge against dismissal was recently thrown out, has filed a fresh bid for reinstatement to the local authority.
The Constitutional Court threw out Dr Mabamba’s first contest because his lawyers had wrongly cited Minister of Local Government, Public Works and National Housing Ignatius Chombo in his personal capacity for actions done in the course of official duty.

Chief Justice Godfrey Chidyausiku blasted the lawyers for gross negligence.

The dismissal of the court application prompted the Zimbabwe Electoral Commission to set October 4 this year as the by-election date for Ward 25 in Chitungwiza.

Dr Mabamba’s fresh application might also stall the holding of the by-election. Minister Chombo on May 23 this year dismissed Dr Mabamba from council after he was convicted of gross mismanagement of council affairs by a disciplinary tribunal.

His dismissal had been recommended by a board of enquiry in terms of Section 114 (i) of the Urban Councils Act (Chapter 29:15). Dr Mabamba argued that the suspension and subsequent dismissal were all premised on Section 114 (3) and (4) of the Urban Councils Act, which is at variance with the new Constitution of Zimbabwe.

In the constitutional application, Dr Mabamba is seeking an order declaring Section 114 (3) and (4) as unconstitutional and he wants the court to reinstate him as a councillor.

Dr Mabamba also seeks nullification of Minister Chombo’s decision and the enquiry conducted, arguing that they were all unconstitutional.

Section 278 (2) and (3) of the Constitution stipulates that an independent tribunal should be set up to exercise the function of removing a mayor, chairperson and councillors and Dr Mabamba argued that the tribunal that dealt with his case was compromised because the members were appointed by Minister Chombo.

He argues that two of the committee members were from the Ministry of Local Government, Public Works and National Housing, while the chairperson was also appointed by Minister Chombo.

Nomination Court for the by-election sat in July in the town and four aspiring council candidates filed their papers to fill the vacancy created in the town’s Ward 25 following the dismissal of Dr Mabamba on charges of gross mismanagement of council affairs.

The process was conducted following a court order that allowed the nomination to go ahead but deferred the by-election date from August 23 pending determination of former Zanu-PF clr Dr Mabamba’s constitutional challenge on September 3.

On September 3 the application was dismissed on a technicality, a development that led to the filing of the fresh challenge that is now pending at the courts.