THIRTEEN Chitungwiza councillors, who were suspended by former Local Government minister Saviour Kasukuwere on allegations of corruption, are set to resume work on Monday after their recent exoneration by a three-member tribunal, headed by Virginia Mudimu.
By Albert Masaka
This came out on Thursday after residents filed an urgent chamber application at the High Court through the Zimbabwe Lawyers for Human Rights (ZHLR) against Kasukuwere’s successor, July Moyo challenging the continued illegal stay of a three-member caretaker commission since August last year.
The matter was heard by justice Jester Helena Charehwa.
“We obtained a judgment by consent to remove matter from the roll as the interim relief had been overtaken by events due to the fact that the councillors are back at work as at Monday.
“We will proceed by way of ordinary court application to seek final relief on the matter to render the caretaker’s functions after the 90 day period illegal,” ZHLR lawyer Idirashe Chikomba said.
The residents argued that the tenure of the commission running the affairs of Chitungwiza following the suspension of the councillors over corruption allegations expired in August last year.
In the application filed by ZLHR on behalf of Chitungwiza and Manyame Rural Residents Association (Camera), residents sought an order declaring the caretaker commission illegal and for its tenure to be terminated forthwith.
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Camera argued that the respondents have violated section 80(3) of the Urban Councils Act Chapter [29:15], which states that the tenure of a caretaker commission must terminate after 90 days.
The residents also argued that 13 out of the 25 Chitungwiza councillors, who were suspended last year in April have been acquitted.
Section 80(3) a states that “the care taker commission must terminate as soon as there are any councillors for the council area who are able to exercise all their functions as Councillors.”
