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NewsDay

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Manyenyeni wins case, arrested

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LOCAL Government minister Saviour Kasukuwere lost his battle to keep Harare mayor Bernard Manyenyeni on suspension, after the High Court ruled the Mt Pleasant councillor could resume his duties.

LOCAL Government minister Saviour Kasukuwere lost his battle to keep Harare mayor Bernard Manyenyeni on suspension, after the High Court ruled the Mt Pleasant councillor could resume his duties.

BY CHARLES LAITON

Saviour-Kasukuwere

Manyenyeni was suspended by then acting Local Government minister Jonathan Moyo after an initial suspension by Kasukuwere over charges of disregarding procedure in the appointment of James Mushore, as Harare town clerk expired after 45 days.

However, Manyenyeni’s joy was shortlived as members of the Zimbabwe Anti-Corruption Commission (Zacc) pounced on him as he left the court house on criminal charges yet to be revealed.

Sources close to the developments told NewsDay Manyenyeni would be charged with criminal abuse of office.

“He is being held at Avondale Police Station and will be charged with criminal abuse relating to several incidents at the city council,” NewsDay heard.

Before the arrest and in her judgment, Justice Lavender Makoni barred Kasukuwere from suspending Manyenyeni again pending the determination of a Supreme Court challenge on whether or not the minister has powers to suspend mayors.

Addressing journalists before being arrested by Zacc officers, Manyenyeni said: “It was the judiciary on trial, not me. We are forced to waste time on processes like these instead of concentrating on working for people and the court has now blocked the minister from any further circus.”

Manyenyeni’s lawyer, Lovemore Madhuku, confirmed the ruling, saying his client was now free to go back to work.

“She (Justice Makoni) has stopped the minister from suspending the mayor until the Supreme Court determines the first matter because the minister appealed to the Supreme Court, as you are aware, and we appealed to the same court after the first judge had held that the minister had powers under section 114, notwithstanding the position of the Constitution, which did not allow the minister to suspend (the mayor),” he said.

“The judge has ordered that the mayor be allowed to go back to work and continue with his duties as councillor and as the mayor of Harare. So, basically the effect of this judgment is that he is now back at work and will not be suspended again until the Supreme Court determines the matter.

“It also means that the minister cannot create new grounds (for suspension) because the second application we made to the court was based on the minister purportedly acting in terms of new grounds that has also been thrown out of the window by the judge and she is actually basically restoring the rule of law.”

Meanwhile, the MDC-T has condemned Manyenyeni’s arrest and detention.

“It is patently clear that the unlawful arrest and detention of the Harare mayor at Avondale Police Station has been occasioned by the malevolent and grossly malicious machinations of Local Government minister Saviour Kasukuwere,” MDC-T spokesperson, Obert Gutu said in a statement.

“Kasukuwere is on a Zanu PF-inspired mission to totally decimate all the MDC-controlled urban local authorities, as the bankrupt and clueless Zanu PF regime gears to rig the harmonised elections that are scheduled to be held in 2018.”

He said Manyenyeni had done nothing wrong or criminal in the manner in which he has been running the civic affairs of Harare.

Kasukuwere could not be reached for comment last night.