Suburban
Acting Harare Mayor Councillor Musarurwa Mutizwa says he is still in charge at Town House and has denied reports of the bouncing back of former Mayor Councillor Jacob Mafume following the lapsing of his suspension.
Diana Nherera Suburban Reporter
Clr Mafume was arrested in November last year for criminal abuse of office involving the illegal parcelling out of residential stands before being suspended together with his deputy Councillor Luckson Mukunguma and four other councillors by Minister Local Government and Public Works Minister July Moyo pending the outcome of their criminal trials. The charges still stand.
Through his lawyers, Mupanga Bhatasara Attorneys, Mr Mafume in a letter dated June 7, 2021, which is addressed to the office of Harare town clerk and copied to Clr Mutizwa, Minister Moyo and the Permanent Secretary, said he was now in charge of the city.
But in an interview this week, Clr Mutizwa said he has never seen Mafume despite media reports that he has returned to Town House.
“I have only read in the media that he has returned to Town House.
“I have never seen him here,” he said.
The Acting Mayor said he is still the one carrying out all the mayoral duties.
Mr Mafume who represented Ward 17 was recalled in September last year by his party the People’s Democratic Party (PDP), a month after being elected as the Mayor for Harare. Ward 17 covers, Mt Pleasant and Pomona.
PDP secretary general, Mr Benjamin Rukanda, said Mr Mafume had ceased to represent the interests of that party.
“Following the resolution of the national executive committee of our party held on September 12, 2020, we hereby notify your good office and also declare in terms of Section 278 as read with Section 129 of the Constitution of Zimbabwe that the following councillors cease to belong to the People’s Democratic Party,” reads the letter.
But the High Court granted an interdict stopping the Local Government Ministry from effecting Mr Mafume’s recall.
Mr Mafume is basing his argument to resuming duties of Mayor on the fact his suspension has lapsed.
“We write advising that our client’s suspension by the Honourable Minister through a letter dated January 22, 2021 has lapsed following the expiring of the statutory 45 days.
“Accordingly, by operation of law, our client has reverted to the status before his suspension, as the Mayor of Harare. Our client has written the letter to advise that communications and notices of meetings be brought to his attention as is required by the law,” reads the letter by his lawyers.
According to the letter, any delay in bringing Mr Mafume back will lead to legal consequences.
“We therefore ask your office to facilitate that our client be accorded all the rights and responsibilities due to his office within 48 hours of your receipt of this letter,” the letter reads.
Mr Mafume said by operation of law he reverted to his position at the expiry of his suspension.
“Anyone who is carrying out a decision is doing so without legal authority. As a ceremonial mayor, l depend on the town clerk who is the accounting officer to comply with law.
“He has to deliver notices and correspondence to my given address for me to carry out my duties,” he said.
Acting Harare town clerk Engineer Mabhena Moyo last week said he was yet to receive the letter from Mr Mafume’s lawyers.
Meanwhile, things are back to normal at Town House which was briefly closed to make way for fumigation, which has been completed.
Clr Mutizwa confirmed the development saying everything is now back to normal.
The city had to hold last week’s full council meeting via zoom as fumigation was still underway.
