The High Court has granted a provisional order barring the holding of by-elections to election a substantive councillor for Ward 3 in Bulawayo after former Deputy Mayor, Tinashe Kambarami challenged his recall.
In June last year, Kambarami was in the eye of a storm when he turned up at a full council meeting demanding that he be recognised as the Deputy Mayor following his acquittal by the Supreme Court.
The Supreme Court had reinstated the former Ward 3 councillor as Deputy Mayor in May, but the ruling was of no effect as he was recalled by the MDC-T.
In the latest order issued last week, High Court Judge Justice Maxwell Takuva ordered that a by-election cannot be declared until the finalisation of the High Court application challenging his recall.
Mr Kambarami had cited the City of Bulawayo as the First Respondent, MDC-T (second respondent), Minister of Local Government and Public Works (third respondent), President Mnangagwa (fourth respondent), the Zimbabwe Electoral Commission (fifth respondent) and Bulawayo Town Clerk, Mr Christopher Dube as the sixth respondent. Reads the order by Justice Takuva:
Pending the finalisation of the application for a declaratur in case number HC 989/21, 5th Respondent be and is hereby interdicted from proclaiming or announcing a date for holding by–election for Ward 3 in Bulawayo.
ZEC, last month, had already withdrawn the notice of a by-election at the ward after noting the urgent chamber application challenging the existence of the vacancy.
In his challenge against the recall, Kambarami who is being represented by Mr Maqhawe Mpofu of Samp Mlaudzi and Partners, argues that when he was recalled he was not a councillor so the move was not of any effect.
He said a letter he received on 11 September 2020, did not say that he was being recalled, “it merely said we were expelled.”
He further claimed he was not aware of his expulsion and has never been served with a letter informing him of his expulsion.
More: The Sunday News