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Chombo wins as court nullifies introduction of Private Member’s Bill
Combined Harare Residents Association (CHRA)
May 24, 2013

Minister of Local Government Rural and Urban Development, Dr I. Chombo received a favourable landmark ruling from the Supreme Court which nullified the introduction of a private members bill [HB 5/2011] whose motion was made by Buhera House of Assembly legislator, Hon Tangwara Matimba in October 2011. The objective of the motion was to clip the wings of the Minister of Local Government who ran riot in all MDC-T dominated councils, suspending and dismissing Mayors and Councillors. The stance which the Minister took in his entire term of office since the formation of the coalition government was described largely as serious abuse of power by many. To that end, MDC-T felt a step on its toe by the Minister which compelled the former to take the aforementioned route. This week, the Supreme Court confirmed Minister Chombo’s argument that the Legislator who introduced the P.M.B in Parliament acted in gross violation of the powers of Cabinet.

"In the result, I find that where Government policies and programmes are concerned, the formulation and presentation of bills is the responsibility of Cabinet and no one else," said Justice Garwe. That being the position, there can be no doubt that the respondents had no right in law to allow the introduction and debate of this bill,” he said.

However, Chombo’s victory comes as a stillbirth for the new constitution has already dealt with the issues raised in the private members bill incognito. The silent assassination of his power comes barely two days after President Mugabe signed the new Constitution into law. Veritas this week reported that the constitution will take a two staged transitional process which will see some sections coming into effect immediately. Parts of the Constitution which will come into effect immediately include section 14, relating to Provincial and Local Government. According to Chapter 14, section 278 [2] of the new Constitution, an independent commission will be sorely responsible for the removal of Mayor, Councillor and Chairperson from office. The section reads as follows:

“An Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing from office mayors, chairpersons and councillors…”

To that end the Supreme Court ruling comes as a mere procedural event with nothing more to write home about given that our concerns have already been addressed by the new constitution. To date, More than 30 elected councillors have been suspended or fired by the Minister who seems keen to assume the role of “executive Mayor of Zimbabwe” given his unfaltering interference in Municipal affairs.

However, the most fundamental thing to be observed by the forthcoming Government is the principle of constitutionalism. We can have this document, with some brilliant sections but where there is lack of compliance to the cause of the document, Zimbabwean Local Government system will fail to deliver meaningful development and improvement in people’s livelihoods. To that end, CHRA will continue to monitor and track adherence of public office bearers and keep track on progress with regards to compliance with the new Constitution.

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Koala-GATE

Recent media reports have alleged that Minister Chombo has been implicated in yet another land scandal, this time involving his personal lawyer Wilson Manase. Chombo is alleged to have parcelled out a peri-urban farm which fell under his Ministry to his personal Lawyer. The farm is said to have been allocated to Harare City Council for planning purposes initially but reports are unclear as to how it ended up under Chombo’s desk. It is understood that Mr Manase is leasing out the farm to one Mr William Swan, a commercial farmer who is running Koala meats abattoir. Mr Swan has signed a ten year lease agreement which gives him rights to operate on the land formerly owned by a South-African firm.

Minister Chombo has been implicated in many land scams. In 2010, an official land audit report which was swept under the carpet implicated him of having amassed land that equates to the size of 20 football pitches. Mr Manase has been representing Minister Chombo in his messy divorce case which unravelled his shocking enormous wealth comprising of tens of cars, houses and stands.

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