BINGA MP Prince Dubeko Sibanda (MDC-T) has filed a High Court application seeking the removal of Binga Rural District Council chief executive officer Joshua Muzamba from office following his election as a Zanu PF central committee member.
BY SILAS NKALA
In an application filed at the Bulawayo High Court on January 19, Sibanda cited Muzamba and Binga RDC as the first and second respondents respectively.
In his founding affidavit, Sibanda said Muzamba’s election to the Zanu PF central committee was confirmed by ruling party spokesperson Simon Khaya in a list produced on December 5, 2014.
“In terms of section 171 (1) ( c) of the Constitution, I am authorised to approach this honourable court seeking a declaratur that the Constitution has been violated by the first respondent (Muzamba) and a consequential order,” Sibanda submitted.
“The first respondent was employed by second respondent (council) as the CEO well before the year 2014. While so employed and during the course of the year 2014, the first respondent stood for and was elected into political office of Zanu PF.
“The members of Zanu PF’s central committee are office bearers in Zanu PF and as such are the decision makers within the said party in between congress of provinces like first respondent are elected into the central committee.”
Sibanda added: “The Constitution of Zimbabwe aforesaid in terms of section 266 (3) does not allow employees of local authorities to hold office in a political party.”
He said he once raised the issue with council chairman Dube Munkombwe on July 9, 2015, but got no response. Sibanda added he also continued to raise the issue with Local Government minister Saviour Kasukuwere in Parliament, but to no avail.
“Sight must not be lost that the first respondent and the Minister of Local Government belong to the same party, Zanu PF,” Sibanda submitted.
“The conduct of the first respondent is clearly in breach of the Constitution as while being an employee of the local authority, he has chosen to be an office bearer of Zanu PF, a political party.”
“The Constitution outlaws the holding of a political party office by the employees of local authorities, primarily because they have to serve all manner of people even those of different political parties and persuasions,” he added.
Muzamba is yet to respond to the application.