Magistrate rules Harare Commission is legal

By Tererai Karimakwenda
06 September 2006

The state controlled Herald newspaper reports that regional magistrate Mishrod Guvamombe has ruled that the Commission running the affairs of the capital city Harare, and the committee appointed to investigate the suspension of town clerk Nomutsa Chideya, are both legal. This is despite two previous rulings by the Supreme Court and the High Court, which state clearly that such commissions are in fact illegal. Guvamombe’s ruling has infuriated Harare residents who have been campaigning for municipal elections since the elected mayor and council were removed illegally by the local government minister Ignatius Chombo.

Mike Davies, chairman of the Combined Harare Residents Association, dismissed Guvamombe’s ruling saying it flies in the face of a Supreme Court judgement which residents received in 2002. He said it also shows that the judiciary is basically there to protect the interests of the ruling elite and of ZANU-PF, at the expense of our legal rights let alone our democratic rights. Magistrate Guvamombe is also chairman of the committee of inquiry that suspended Chideya.

Minister Chombo has extended the term of office of this commission four times instead of organising elections. Explained why this should have been done already Davies said: “The Urban Councils Act which was introduced by ZANU-PF in ’96 is very clear on the requirement to hold municipal elections every four years, usually in the month of August. There is a statutory requirement to hold these elections.”

Chideya decided to challenge the legality of the commission and the committee of inquiry that it appointed, after he had a very public power struggle with the commissions chairperson Sekesai Makwavarara.

So how will the Harare residents respond? Davies said: “As far as the Combined Harare Residents Association is concerned the decision by the courts basically gives us the freedom to go ahead with our civil disobedience campaign which will get into high gear in the coming weeks as residents basically say they’ve had enough and they’re gonna refuse to fund the parasites and people like Makwavarara who feed at our expense, while they occupy town house.”