The case involving three Tsholotsho Rural District Council councillors accused of criminal abuse of office and fraud linked to CAMPFIRE funds has spilled into the High Court, as the nomination court sat yesterday for candidates contesting to replace them.
Councillors Felix Tshuma (ward 21-CCC), Jabulani Ndlovu (ward 10-Zanu PF) and Witness Khumalo (ward 1-CCC), who were suspended following an independent tribunal inquiry, were subsequently fired, while two others were exonerated.
The affected CCC councillors took the matter to the High Court through their lawyer Professor Welshman Ncube of Mathonsi Ncube Law Chambers seeking an interdict.
In a letter dated April 24 this year, Ncube representing the two CCC councillors, named Tendai Sibanda-Lumeli, the leader of the independent tribunal that suspended the three, local government minister, Tsholotsho RDC and the Zimbabwe Electoral Commission as respondents, respectively.
The applicants argued that Sibanda-Lumeli and the independent tribunal violated their constitutional and common law rights to a fair and just hearing because they made a determination before receiving the applicants’ closing submissions.
They submitted that that was despite that at the conclusion of the viva voce hearing the independent tribunal and counsel for the applicants agreed that the applicants would file closing submissions for consideration before the determination of the case.
The applicants added that the Tribunal's failure to administer the oath to the witnesses who testified against the applicants was a gross procedural irregularity which rendered it useless at law in the same way that an uncommissioned affidavit would not be considered as evidence.
“The tribunal's failure to keep a proper and accurate record of the proceedings is a gross procedural irregularity that vitiates the proceedings and the decisions made,” their submissions read.
- ‘Locals must grab investment opportunities in Mat North’
- Tsholotsho gets town status
- Tsholotsho RDC upbeat after getting town status
- Tempers flare over Matabeleland roads
Keep Reading
“The decision of the 1st respondent and the independent tribunal finding the 1st applicant guilty on the 5th charge of improperly communicating council business/matters to the media is so irrational in its defiance of common sense and logic that no members of a tribunal properly exercising their minds could have arrived at it, given that no evidence was led during the hearing on this charge, resulting in an agreement that the defence needed not to lead any evidence in rebuttal as no witness was called against 1st applicant to testify in proof of the 5th charge,” the lawyers said.
They further argued that the decision by the tribunal finding Tshuma guilty of four charges of unlawfully halting timber logger’s operations and causing financial prejudice to council — was irrational and grossly unreasonable.
“The decision of the tribunal in finding Descent Ngwarati to be a highly credible witness is so irrational and grossly unreasonable that no tribunal properly exercised its minds to her complete refusal to be cross examined and to answer questions that could have arrived at it,” read the submissions.
“Further take notice that applicants seek the following relief that the application for review be and is hereby granted. The undated determination issued by 1st respondent against 1st applicant finding 1st applicant guilty on all the five (5) counts of gross misconduct be and is hereby reviewed and set aside.”
The councillors submitted that the undated determination finding the 2nd applicant guilty on all the four counts of gross misconduct should be reviewed and set aside.
They prayed that there be no order as to costs.
The respondents were given 10 days to respond to the application.
Meanwhile, the nomination court sat at the Tsholotsho magistrates’ courts yesterday for prospective candidates to fill the vacant positions despite the High Court application.
