By George Vee Nyathi
LAWYERS representing former Bulawayo City Council (BCC) Ward Three councillor and city deputy mayor, Tinashe Kambarami have written to the local authority demanding his full reinstatement with benefits terminated when he was removed from office.
According to a letter dated 02 June, 2021 which was addressed and served on BCC chambers secretary, Sikhangele Zhou, the lawyers demanded that council respects the decisions reached by the Supreme Court in its final judgment on the matter which was handed down on the 28th of May 2021.
In its ruling, the Supreme Court upheld that that the lower court had treated the matter in a lighter manner without taking due care to other tenets of the law that could have assisted it in reaching a “proper” decision.
Reads part of the judgment handed down by Justice Makonese in the court’s ruling: “Having submitted contradictory statements, the trial magistrate was supposed to have canvassed more information from the accused. The plea was therefore not genuine and accordingly, the conviction and sentence are set aside.”
In their letter, Bulawayo-based law firm, Samp Mulaudzi and Partners, said their demand was “buoyed by the judgment of the Supreme Court.”
“We refer you to the above (captioned) matter and we would like to address you as hereunder: Our client is in possession of a Supreme Court judgment which we have attached herein for ease of reference. The said judgment is self-explanatory and does not require extrinsic explanation.
“Buoyed by such judgment, our client will be resuming his duties as Councillor for Ward Three, today, the second of June 2021. We, therefore, request that your esteemed office acts in compliance with the judgment and uphold the rule of law by ensuring that there is an orderly transfer of duties within council in as far as our client is concerned and that the position a sit prevailed on the 29th of August 2019 is restored,” reads the letter of demand from Kambarami’s lawyers.
It also demanded that Kambarami be paid his dues that were terminated two years ago.
“In light of the nature of the Supreme Court’s findings, may you please ensure that our clients’ rights, benefits, and priviledges which you suspended pending appeal as per your last communique are restored.
“We do not have doubts that it is clear to you, as it is to us, that anyone who actively participates in the obstruction of Councillors Tinashe Kambarami’s resumption of duties will be in contempt of court. We trust that you will find the above in good order,” said the lawyers in their letter of demand.
