Local Government Minister Ignatius Chombo may save Town Clerk Tendai Mahachi but he cannot fire Harare’s mayor.
Under the new constitution, Chombo who by-passed the MDC mayor Gabriel Manyenyeni by reversing the suspension of Mahachi, does not have power to unilaterally expel any sitting mayor in ways he used to before July last year.
These revelations were made by top Harare lawyer and legislator for Harare West, Jessie Majome as she cited Section 278 of the new Constitution.
Said Majome:
“The sound of ZANU PF’s Chombo smashing the hopes of Harare residents and ratepayers for probity, transparency and good governance. ZANU PF’s Chombo is the Godfather of corruption – he’s just doing what he has always done best – before, during and after the inclusive government Chombo is highly specialized in defending and rewarding corrupt and incompetent ZANU PF appointed municipality executives. I know because in 2003 he unlawfully suspended and fired me from being the Chairperson of Hwange Local Board for suspending the corrupt CEO and refusing to obey his order to reinstate him, which he then did. I’m still waiting for Justice George Chiweshe to decide on my 2002 Bulawayo High Court urgent chamber application challenging that.
“I’m relieved that we enshrined Section 278 of the new Constitution which saves Mayor Bernard Gabriel Manyenyeni and elected councillors Charity Bango from being undemocratically fired by Chombo, or else there would already be a vacancy in the Mayor’s parlour and another in Ward 17 Mt. Pleasant.
“However what ZANU PF’s Chombo has done directly undermines Zimbabwe’s founding values and principles in Section 3 the Constitution i.e. good governance meaning transparency, justice, accountability, & responsiveness, and devolution of power, as well as Section 5 & the whole of Part 1 of Chapter 14 on Provincial & Local Government which devolve power to local authorities, which aims particularly to ‘give powers of local governance to the people and enhance their participation in the exercise of powers of the State and in making decisions affecting them.’ www.copac.org.zw
“What is particularly striking is that ZANU PF’s Chombo is trampling all over the national objectives in the Constitution which must guide him and all government levels in all decisions, particularly his duty in Section 9 (1) on Good governance ‘to develop efficiency, competence, accountability, transparency, personal integrity and financial probity in all institutions and agencies of government and every level and in particular…………..
(b) measures must be taken to expose, combat and eradicate all forms of corruption and abuse
of power by those holding political & public offices.’
“The Prosecutor General’s clay feet over these issues is also unconstitutional. The thing is, will Harare residents just stand by and allow Chombo to breach the Constitution at their expense? The Constitutional Court was created for these issues.
“I can see a very good court challenge even in administrative law because ZANU PF’s Chombo’s excuse is dishonest -it’s out of sync with the reason for Mahachi’s suspension that is, concealing salaries’ data from his employer, not for the diabolical salary levels as ZANU PF’s Chombo seems to be confessing and implicating himself in. Even the $13000 he claims is corrupt and outrageous!”