HARARE High Court judge Justice Loice Matanda-Moyo last Friday upheld Local Government minister Ignatius Chombo’s decision to reinstate suspended Harare town clerk Tendai Mahachi. BY CHARLES LAITON SENIOR COURT REPORTER
City mayor Bernard Manyenyeni last month suspended Mahachi over allegations of insubordination, but later reversed the decision following a directive from Chombo.
The court ruling was in response to an application by human rights lawyer Tawanda Zhuwarara seeking an order barring Chombo from lifting Mahachi’s suspension and interfering with council business.
Justice Matanda-Moyo said it was not possible for the court to order the suspension of Chombo’s directive when Manyenyeni had already given effect to the order issued by Chombo after he wrote a letter to Mahachi on Monday last week reversing his decision to suspend him and asking him to report for duty with “immediate effect”.
Apparently, it later turned out that Zhuwarara’s lawyers were not aware that Manyenyeni had “clandestinely” agreed to Mahachi’s return to work.
In the end, the court could therefore not deal with the matter on the merits on the main point being that Chombo had acted illegally by ordering the mayor to reinstate Mahachi. Zhuwarara had petitioned the High Court seeking an order to quash Chombo’s directive to reinstate Mahachi who was under investigation for refusing to reveal the salaries of the council’s top management.
