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Harare West MP Jessie Fungayi Majome has said Local Government minister Saviour Kasukuwere has no legal right to suspend elected councillors and mayors.
Majome’s remarks come after Kasukuwere announced that he had suspended Harare mayor Bernard Manyenyeni over misconduct after he recommended the appointment of the new town clerk.
“Where is the Attorney General of Zimbabwe when his client the government and its minister continually ride roughshod over not only the law but the Constitution itself?” said Majome. “The A.G. must advise his client to respect the courts, the legal process and the Constitution which dissolved the powers that a local government minister used to have and gave them to the residents of municipalities through their elected councils.”
Majome said the Minister can’t suspend elected councils anymore!
“The High Court had said so over and over again. Please sign and share the online petition ‘Hands off Harare!’ on https://www.change.org/p/hands-off-harare-minister-of-local… to allow the city to prosper and defend the Constitution if the A.G. won’t do it,” she said.
MDC-T President’s spokesperson Luke Tamborinyoka said Kasukuwere has cited section 114 in his illegal suspension of the mayor of Harare. But only last month, in restating another illegally suspended mayor in Gweru, justice Francis Bere said in his judgement: “There can be no doubt that section 114 of the Urban Councils Act is in direct conflict with section 278 of the Constitution. It is abundantly clear that whereas section 114 of the Urban Councils act gives all power to suspend and dismiss councillors to the first respondent (Min. of Local Government), section 278 o the Constitution provides a new paradigm shift from this scenario.
He said Section 278 sets out a completely different regime in the removal of councillors from office.
“The section arrogantly and authoritatively removes such powers from the Minister,” he said. by Stephen Jakes