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High Court dismisses MDC-T mayors’ case
The Chronicle
September 12, 2013

http://www.chronicle.co.zw/high-court-dismisses-mdc-t-mayors-case/

The High Court in Harare yesterday dismissed an urgent chamber application in which MDC-T was seeking an order compelling Government to accept the appointment of non-councillors as mayors in various cities and towns countrywide. MDC-T was ordered to pay costs of the suit.

Justice Francis Bere ruled that the opposition party failed to prove that the matter was urgent and he declined to hear it.

MDC-T wanted the court to direct the Government to allow non-councillors to stand as mayoral candidates.

Recently the Secretary for Local Government, Public Works and National Housing Mr Killian Mpingo instructed all provincial administrators to only consider candidates who are elected councillors for mayoral posts. He spelt out the Government position basing his facts on Section 274 (2) as read with Sections 265 (2) and 275 of the Constitution.

The directive sparked debate, with MDC-T filing an urgent chamber application seeking to compel the minister to allow non-councillors to be elected as mayors and chairpersons of local authorities.

The parties met in the chambers of Justice Bere around 2.30pm and after the hearing the lawyers spoke to our Harare Bureau.

Mr Joseph Mandizha, who was representing the Minister of Local Government, Public Works and National Housing, permanent secretary and the provincial administrators for Harare and Bulawayo, confirmed the developments.

“The judge dismissed the application for lack of urgency. He held that it would be a miscarriage of justice to hear the matter on an urgent basis when the papers filed by MDC-T did not demonstrate the urgency,” said Mr Mandizha of Mandizha and Company law firm.

MDC-T spokesperson and a principal at Mwonzora and Associates Mr Douglas Mwonzora said the case was only dismissed on a technicality and that the party would not rest until the case was determined on its merits. “The judge refused to hear the merits of the case on the basis that the matter lacked urgency.

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