Manyenyeni's suspension blatantly unconstitutional

EDITOR — Local Government minister and Zanu PF political commissar, Saviour Kasukuwere’s reasons for the suspension of Harare mayor Bernard Manyenyeni emanate from the recent appointment of James Mushore by the City of Harare councillors as town clerk.

The basis for his suspension is in terms of section 114 (1) (d) (ii) of the Urban Councils Act and is ultra vires the new Constitution.

The Constitution is very clear in section 278 (2) and (3) which provides for the removal from office for persons holding the office of mayor.

The section specifically provides for a tribunal which must be set in terms of an act of Parliament.

What is shocking is the targeted suspension of just the mayor when in fact it was the Harare City Council councillors who collectively made the decision to appoint Mushore as town clerk.

It thus boggles the mind why Kasukuwere targeted councillor Manyenyeni only.

In any event, as highlighted above, Kasukuwere has no legal power to suspend any sitting mayor or chairperson of a local authority.

Therefore, what Kasukuwere did is blatantly illegal, unconstitutional and a clear testimony that Zanu PF has no respect for the rule of law.

Given such levels of brazen violation of the Constitution in broad daylight, ordinary citizens are undoubtedly far from enjoying their rights.

If the Zanu PF regime can go to such a gross extent just to suspend a mayor and in the process violate the Constitution, the question in the minds of ordinary Zimbabweans is the extent to which they will violate the Constitution and flout the rule of law to win an election.

It is against this background that the international community must note that Zanu PF is not prepared to reform and the current efforts are meant to create a smokescreen to hoodwink international financial institutions into funding the broke Zanu PF regime.

We have also warned that those appeasing Zanu PF will soon be exposed and if there were any doubts to the illegalities which the regime can do, then Kasukuwere’s actions have put to rest those doubts.

Without adherence to the rule of law, Zimbabwe cannot be said to be on an irrevocable path to reform.

Zanu PF has no reformers and more dangerously, Zanu PF has no appetite for reform. The regime is determined to continue on a path of illegality and will from time to time attempt to charm the world in search of a bailout from their current self-inflicted financial woes.

Jacob Mafume

 

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