Former Deputy Mayor of the City of Bulawayo and Ward 3 Councillor Tinashe Kambarami has approached the High Court seeking a declaratur to be reinstated to his former position.
Kambarami’s election as councillor was nullified by High Court Judge Thompson Mabhikwa and the former, through his legal representatives from Samp Mlaudzi and Partners, appealed to the Supreme Court which in turn reinstated him.
However, Kambarambi was recalled from council by the MDC-T party.
In his application and through the same lawyers, Kambarami cited the City of Bulawayo, MDC-T, Minister of Local Governance and Public Works, President of Zimbabwe and ZEC as respondents.
He argued that his recall by MDC-T be declared null and void as he was not serving in the council at the time.
“The Application for a declaratur is made on the grounds that the letter written by MDC-T be declared null and void in as far as it relates to the Applicant (Kambarami), as he was not serving as a Councillor during that time. He therefore could not be recalled,” read the application.
“Further and alternatively, the decision of the MDC-T to expel or arrive at the determination that Applicant is no longer a member of the Bulawayo City Council to be declared unlawful is set aside, consequently, the letter written by the 2ndRespondent to the 3rd respondent is declared null and void.”
The application further appealed for a declaration that there be no electoral vacancy for councillor, ward 3, Bulawayo, and the notice to that effect written to ZEC in terms of section 121 of the Electoral Act be declared null and void.
“The President and or his officials, functionaries, employees, agents or assignees be and are hereby permanently interdicted proclaiming a date for the holding of a by-election in ward 3 Bulawayo in terms of section 39 of the Electoral Act [Chapter 2:13],” the Application stated.
“Consequently, there being no lawful encumbrance to the resumption of Applicant’s duties, the 1st Respondent shall immediately admit the Applicant to Council pursuant to his reinstatement by operation of the law following the judgment in case number SC 66/21 on 27 May 2021.”
