THE Supreme Court yesterday ruled in favour of fired Chitungwiza Ward 25 councillor Fraderick Mabamba and interdicted the Zimbabwe Electoral Commission (Zec) from conducting nominations for a by-election in the area until the appellant’s matter has been heard in a court of law.
CHARLES LAITON SENIOR COURT REPORTER
Judge of Appeal Justice Bharat Patel made the ruling after Mabamba filed an urgent chamber application seeking stoppage of the nominations which had been scheduled for today.
The main matter, filed under case number CCZ44/14, in which Mabamba is challenging the constitutionality of section 114 of the Urban Councils Act which Local Government minister Ignatius Chombo used to expel him, has been set down for hearing at the Constitutional Court (ConCourt) on September 3 this year.
In his urgent chamber application seeking interim relief pending determination of his constitutional application, Mabamba argued that Chombo illegally dismissed him from council after “a sham commission of inquiry”.
He further argued that the process initiated by Chombo through the use of section 144 (3) of the Urban Councils Act which led to his expulsion violated section 27B of the Constitution which stipulated that a councillor of a local authority could not vacate his or her office seat unless an independent tribunal so ruled.
He said the process “violated his fundamental rights to protection of the law, fair administrative action and the right to a fair hearing”.
Mabamba was represented by Advocate Lewis Uriri, who said the parties had agreed to the timelines for the hearing of the constitutional application.
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Chitungwiza Municipality’s lawyer Rodgers Matsikidze said his client was happy that the costs of the suit had been granted against Mabamba for filing the application at the last minute.
