By George Vee Nyathi
FORMER Bulawayo deputy mayor, Tinashe Kambarami has threatened to arraign Bulawayo City Council (BCC) Town Clerk, Christopher Dube and the entire city administration before the courts where he intends to lay contempt of court charges against them following the decision by the city fathers to block him from attending a full council meeting yesterday despite a court ruling that annulled his removal from office.
Kambarami pitched up at the BCC full council meeting buoyed by a ruling that had been handed down by the Supreme Court which set aside the electoral court decision of 29 August 2019 nullifying his election as Ward Three Councillor and subsequently as Bulawayo deputy mayor.
Despite carrying the ruling in hand, council, led by Dube, blocked Kambarami from attending the meeting, with the town clerk reportedly ordering security details to eject him from the meeting.
On Thursday, Kambarami’s lawyers wrote to Dube and chambers secretary, Sikhangele Zhou expressing their client’s displeasure at the two’s behaviour and decision to disrespect the ruling of the country’s courts.
Reads the letter by Kambarami’s lawyers, Samp, Mulaudzi and Partners: “On the 2nd of June 2021 our client, on the strength on the Supreme Court judgment dated the 27th of May 2021, went to the Council Chambers with the intention of resuming his duties as Councillor for Ward 3 and the Deputy Mayor of the City of Bulawayo.
“However, our client instructs us that you barred him from attending the council meeting and that you caused the security personnel to remove him forcefully from the council chambers without a plausible explanation at law.”
The lawyers further stated that: “Take notice that the Electoral Court judgment, and as per your communique, nullified our client’s election as Ward 3 Councillor and Deputy Mayor of the City of Bulawayo.
“You stated in your last communication that he remained suspended pending the appeal at the Supreme Court and now we are at loss as to why is he being barred from attending council meeting despite the fact that his appeal at the Supreme Court was successful.”
It is the contention of the lawyers, according to the letter, that the Supreme Court ruling had declared Kambarami’s dismissal by the court a “legal nullity.”
“Take notice that his “recall” was a nullity as it only came after the Electoral Court judgment and when “he was no longer a counsillor for Ward 3 and Deputy Mayor of Bulawayo.” His recall was a nullity as during that period he was not holding any office, his duties and privileges having been set aside pending his appeal at the Supreme Court. Thus, the Supreme Court judgment has restored him to the position he was at before the 29th of August 2019.”
Furthermore, the lawyers disclosed that council’s defiance of the decision by the Supreme Court could land the said officials in court.
“Further take notice that should you persist defying the Supreme Court judgment we have firm instructions to approach the Court for an order for your committal for contempt of Court,” the lawyers added.
Yesterday, the lawyers wrote to BCC demanding that Kambarami be reinstated to his position with full benefits.
