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Govt admits Chombo appointments illegal
Kholwani Nyathi, The Standard (Zimbabwe)
October 11, 2008

http://www.thezimbabwestandard.com/local/19085-govt-admits-chomboappointments-illegal.html

A government lawyer has admitted that the controversial appointment of specially elected councillors by the Minister of Local Government, Public Works and Urban Development, Ignatious Chombo was unprocedural.

This admission followed a court challenge by the Movement for Democratic Change (MDC). The MDC led by Morgan Tsvangirai sought an urgent High Court order to stop the appointment of six Zanu PF officials to represent "special interests" in the MDC-controlled municipality.

Virginia Mabhiza of the civil division of the Attorney General's office agreed with MDC lawyer, Job Sibanda and Sikhangele Zhou representing the city council that there was no statutory instrument that allowed Chombo to make the appointments.

She made the admission during a hearing by High Court Judge, Francis Bere in an urgent application by MDC ward chairman, Billy Ncube challenging the inclusion of the Zanu PF officials. Bere ruled that the application could not be given preference following indications that the local authority was still to comply with the directive.

Sibanda of Job Sibanda and Associates said the admission effectively nullified the appointment of specially elected councillors, most of them losing Zanu PF candidates during council elections throughout the country.

"The law states that the appointments are done by the way of a statutory instrument but the minister simply wrote a letter to the Bulawayo City Council to incorporate the councillors," Sibanda said.

"It is not a private matter between the minister and the city council. We were seeking the nullification of the appointments and the admission by government lawyers means they are null and void."

Last week the Bulawayo councillors asked the mayor, Thaba Moyo to seek clarification on the criteria used to appoint former councillors, Abednigo Nyathi, Emmanuel Kanjoma, Tadubana Tshuma, Dennis Ndlovu, Tryphine Nhliziyo and David Ndlovu.

They argued that some of the nominees had unsuccessfully contested in the harmonised March elections either as councillors or senators on a Zanu PF ticket. Councillors accused Zanu PF of trying to regain control of the municipality through the back door by creating parallel structures.

Other MDC councils including Mutare have also challenged Chombo's appointments saying his nominees represented Zanu PF interests. Local Government, Public Works and Urban Development permanent secretary, Partson Mbiriri in an opposing affidavit sought to downplay the view that Zanu PF was trying to impose its own people in the Bulawayo council, where it lost control.

"Allegations that they were appointment on a Zanu PF ticket are far from true reflection and without basis," Mbiriri said. "They are business people running different types of businesses.

"Three of them are aldermen having more than 10 years of experience as councillors, and were appointed to provide guidance."

Chombo has been accused of meddling in the affairs of the MDC-controlled urban councils where in the past the minister imposed hand-picked commissions after dismissing popularly elected MDC mayors.

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