THE controversy surrounding the recent suspension and reinstatement of Harare town clerk Tendai Mahachi took a new twist yesterday after human rights lawyer Tawanda Zhuwarara took Local Government minister Ignatius Chombo to court challenging his decision to reinstate the council’s top official.
Mahachi was suspended by Harare mayor Bernard Manyenyeni last Wednesday on charges of failing to furnish city fathers with the council executive’s payroll.
However, Chombo immediately reversed the decision on Saturday and ordered Mahachi’s reinstatement unconditionally. Irked by the decision, Zhuwarara wrote to Chombo giving him a 24-hour ultimatum to rescind his decision.
Zhuwarara, in his affidavit filed at the High Court, accused Chombo of not following procedure in reinstating Mahachi and “interfering with the processes prematurely”.
He said according to Section 139 (3) (a) of the Urban Councils Act, the mayor had the power to suspend the town clerk, thereafter notify the council of his decision.
“It is clear from the foregoing that only after the above mentioned processes has been completed does the suspension become a decision or resolution of the council and, therefore, susceptible to reversal in terms of s314 of Urban Councils Act,” Zhuwarara said.