HARARE - Opposition MDC has said it will proceed with the appointment of former NMBZ Holdings group chief executive officer James Mushore as Harare town clerk, even after objections from Local Government minister Saviour Kasukuwere.
The post of town clerk fell vacant after Tendai Mahachi was relieved of his duties last year.
Following the decision of the MDC-run Harare City Council to appoint Mushore to the post of town clerk, Kasukuwere, in almost unseemly haste, had a letter delivered to the council stating that he was rescinding the decision of council.
But MDC secretary for Local Government Eddie Cross yesterday said Kasukuwere no longer has any authority to make such a ruling, which he said is completely ultra vires the new Constitution and therefore null and void in legal terms.
“It is hoped that the Harare City Council will proceed with this appointment and if challenged, take the matter up with the courts as the final arbiter in such matters,” Cross said.
He said despite a substantial reduction in the remuneration attached to this post, the MDC was glad it has been able to attract a candidate of Mushore’s calibre and experience.
This comes as Harare and Chitungwiza residents have dragged Kasukuwere to the High Court, challenging his decision to rescind the town clerk’s appointment within 24 hours of assuming office.
Combined Harare Residents Association (CHRA) and Chitungwiza Residents Association (CRA), who are the applicants, cited Kasukuwere, the City of Harare and Attorney-General Prince Machaya as respondents.
According to an affidavit filed by Simbarashe Moyo, the CHRA’s chairperson through their lawyer Tonderai Bhatasara, the application is in terms of Section 85 (1) of the Constitution of Zimbabwe.
In the affidavit, Moyo said the minister’s decision to rescind the appointment violated Chapter 14 of the Constitution, adding that Harare City Council cannot continue running without a town clerk.
CRA said it participated in the application because it gets its water from Harare.
In a letter to Harare Mayor Bernard Manyenyeni, Kasukuwere said council by-passed the Local Government Board in appointing Mushore, thereby violating Section 132 (1) of the Urban Councils Act.