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CHRA court challenge dismissed
The Standard (Zimbabwe)
September 04, 2005

http://www.thestandard.co.zw/read.php?st_id=2843

THE High Court has dismissed an urgent chamber application by Combined Harare Residents' Association (CHRA) challenging the continuous stay in office of the Sekesai Makwavarara-chaired Commission.

Rangu Nyamurundira who is representing (CHRA) said they intend making a fresh ordinary court application.

"The urgent chamber application was dismissed by Justice Lavender Makoni but no reasons were given. Right now I am still consulting with my clients and I think the way forward is to proceed with the case as an ordinary application," Nyamurundira said.

The Zimbabwe Electoral Commission chairperson, Justice George Chiweshe, the commission running the affairs of Harare and Ignatious Chombo, the Minister of Local Government, Public Works and Urban Development, were cited as respondents in CHRA's urgent application.

The urgent chamber application was filed on 7 June, just two days before the first term of office of the Commission expired.

In his opposing affidavit, Justice Chiweshe said there were no vacancies to be filled and therefore no need to hold elections.

"The term of office of Commissioners will therefore cease on the 9th of December 2005 (after Minister Ignatious Chombo reappointed the commissioners for a further term of six months). Consequently, as for now there are no vacancies for councilors to be filled," Chiweshe said.

He said Chombo, the 10th respondent, might re-appoint the commissioners for another third term on 9 December when their current term of office expires.

"If appointed as such, those commissioners will remain in office until August 2006 and not June 2006 (the latter date when in terms of Section 80 (3) (a) elections for Councillors would have been due or the expiry of the six months the Commissioners' appointment ceases)," wrote Chiweshe.

He also said the commissioners might, as an option, call for an election to be held on a date to be fixed by the commissioners to fill the vacancies after the expiry of their re-appointment.

CHRA chairperson Mick Davies last week said they rejected not only the operations of the Commission but its continuing existence: "It completely lacks any mandate from the residents and ratepayers of the City who are being denied their right to select their own councillors and Mayor.

"The Commission has failed to address the continuing decline not only of service delivery but of urban life in general."

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