Former Town clerk challenges legality of Harare Commission

By Tererai Karimakwenda
29 August 2006

The state’s Herald newspaper reports that lawyers for the suspended Harare town clerk Nomutsa Chideya have challenged the legality of the Commission running the affairs of the capital and that of the inquiry committee set up by the commission. There was to be a hearing on Monday regarding Chideya’s removal but it was deferred to August 31st. This was to allow the council lawyer Takunda Tivaone time to get instructions from the Commission as to whether the proceedings should go ahead. Tivaone also said he wanted time to study written submissions made by Chideya’s lawyer Sternford Moyo. Chideya was suspended after a very public power struggle with Sekesai Makwavarara, who heads the illegal commission and was appointed illegally by local government Minister Ignatius Chombo.

The commission running Harare was appointed after Chombo removed the elected Mayor Mudzuri and most of the elected council. Minister Chombo was supposed to organise elections for a new mayor and council after the commission’s first term expired, but he has refused to do so and has reappointed the commission four times now. The commission, which is run Sekesai Makwavarara, appointed the inquiry committee that suspended Chideya earlier this year. And now Chideya is striking back by questioning the legality of not only the committee, but the commission that set it up.

Chideya’s lawyer Sternford Moyo explained that there are actually three legal precedents that show clearly that commissions like the one running Harare are illegal. He told us Tuesday that the precedents were set in both the High Court and the Supreme Court. According to the Urban Councils Act, the appointment of a commission can only be done as a temporary measure in exceptional cases when elections cannot be held. The Urban Councils Act also dictates that the term of office for this commission is 6 months and can only be extended once. Chombo has extended the Makwavarara led commission’s term four times. Moyo said this is a serious disregard of the democratic spirit and values that were enshrined in the Urban Councils Act. He added that the Minister has abused his power by using it to avoid elections.

Moyo told us that in 2002, elections were held after the legality of the Harare city commission was successfully challenged. He said residents took the Minister of Local government to the Supreme Court and it was decided the Minister had abused his power in re-appointing the commission after the expiry of its first six months.

The Herald cited another case from 2005 in which Justice Rita Makarau said the reappointment of the commission after the initial six months was illegal. She also ruled the appointment of a committee of inquiry by the commission, whose term had expired, was illegal.