Gomba, councillors challenge recall
FORMER Harare mayor Hebert Gomba, pictured, and five recalled MDC-Alliance councillors have approached the High Court challenging the decision and seeking to be reinstated to their positions.
This comes after councillors last week elected Jacob Mafume as mayor after Gomba’s position had been declared vacant.
Gomba and councillors Hammy Madzingira, Kudzai Kadzombe, Gaudencia Marere, Happymore Gotora, Costa Mande want their recall declared null and void and for an order that they conduct their constitutional mandate without obstruction from any of the respondents.
“I am the mayor of the City of Harare and councillor for ward 27. On August 14, MDC wrote to Harare notifying that I and other applicants had ceased to belong to the MDC and that our membership had been terminated,” Gomba said.
“There was no copy served on me or the other applicants and we only learnt of the existence of the letter through social media.”
Gomba and the councillors tried to advise (Local Government minister July) Moyo of the anomaly in the misrepresentation that had allegedly been made resulting in their suspension but to no avail.
The court heard that Harare had already been instructed that Gomba and the councillors had been expelled and that their ward seat had fallen vacant.
“I and the other applicants were duly elected to represent our respective constituencies in terms of the law and in accordance with the Urban Councils Act. As such, we are interested persons who are being affected by mischievous acts of the respondents,” he added.
“We have a right to represent our constituencies to full tenure and have obligations to those constituencies.”
Gomba argued that section 129 as read with 278 (1) of the Constitution that had been relied on for their expulsion only related to the speaker or president of the Senate and the Local Government minister.
“It is clear from the foregoing that the first respondent (MDC) has no power or authority to instruct the second respondent (Moyo) as it did.
“Further, the second respondent should know better how to administer its own Act by not taking such instructions; equally the fourth respondent, the Zimbabwe Electoral Commission should not act blindly to blatant misdirection of provisions of the Constitution.”