Kombayi, councillors challenge Kasukuwere’s appeal

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GWERU mayor Hamutendi Kombayi and 10 fellow MDC-T councillors have filed an urgent High Court chamber application seeking to quash Local Government minister Saviour Kasukuwere’s appeal against their reinstatement.

GWERU mayor Hamutendi Kombayi and 10 fellow MDC-T councillors have filed an urgent High Court chamber application seeking to quash Local Government minister Saviour Kasukuwere’s appeal against their reinstatement.

BY Stephen Chadenga

Hamutendi Kombayi
Hamutendi Kombayi

The 11 councillors, who were suspended last August on allegations of abuse of office, successfully challenged their suspension and in February, High Court judge Justice Francis Bere ordered their reinstatement.

In his ruling, Bere said the MDC-T councillors’ suspension was null and void and unconstitutional.

But in his appeal, Kasukuwere argued the High Court erred in its ruling to reinstate the counclliors.

The councillors on the other hand argued that Kasukuwere’s appeal was to frustrate their going back to Town House according to the High Court order.

“I submit that there is no appeal to talk about. All the respondents have exhibited is a clear propensity to frustrate us as applicants to enjoy the judgment of this honourable court delivered on February 22, 2016,” read part of Kombayi’s founding affidavit dated April 4. The application cites Kasukuwere, Midlands provincial administrator Cecilia Chitiyo and three members of the tribunal, Luckson Chikumbirike, Goodwill Khosa and Nicholas Moyo as respondents.

Since their reinstatement, the councillors have been finding it difficult to resume duties, as the three-member caretaker commission appointed by Kasukuwere is still running council affairs.