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High Court lifts Chitungwiza Mayor's suspension
 Lance Guma, SW Radio Africa
January 17, 2006

http://www.swradioafrica.com/news170106/Shoko170106.htm

The High Court on Tuesday lifted the suspension of Chitungwiza Mayor Misheck Shoko, saying it was unconstitutional. Shoko is the third elected opposition Mayor to be removed from office by local government Minister Ignatius Chombo. The Minister accused the Mayor of misconduct and maladministration and alleges this has allowed a steep decline in the delivery of council services in Chitungwiza.

The court however ruled that section 52, subsection 2 of the Urban Councils Act Chapter 29 which the Minister used in dismissing the Mayor was clearly ‘ultra vires’ the constitution. The Minister was also ordered to pay the cost of the application. Shoko argued before the court that the due process of the law had not been exhausted in suspending him. The principles of natural justice were never applied and he never had the opportunity to appeal to the Minister. He also challenged the constitutionality of the suspension itself.

The dormitory city of Chitungwiza just outside Harare is plagued by water and power cuts, burst sewage pipes and uncollected garbage. The problems are blamed on government interference in the operations of urban councils. Government has been sabotaging the operations of city councils nationwide by removing elected officials, denying them any necessary rate increases and refusing to pay up money they owe the councils.

The Mayor of Harare Elias Mudzuri and his Mutare counterpart Misheck Kagurabadza were also removed from office by the local government Minister amidst similar charges of corruption and maladministration. Observers accuse Zanu PF of failing to penetrate the urban areas during elections and seeking to appoint its own officials via the backdoor of unconstitutional dismissals.

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