Former Harare Mayor Hebert Gomba and 6 other MDC Alliance councillors who were recalled by Thokozani Khupe are challenging the High Court to nullify their recall, The Herald reports. The councillors are arguing that their recall should be nullified because Khupe has no authority to recall them.
Court papers filed by their lawyer Ms Shamiso Mangwende read in part:
Applicants are challenging the recall on urgent basis for the reasons that first respondent has no authority to cause such a recall in terms of the Constitution of Zimbabwe. If first respondent (MDC-T) has such power, which is denied, the second respondent (Minister) has not established a tribunal as is required by . . . the Constitution. The third respondent (City of Harare) has an obligation to call for a nomination date in 35 days of such recall starting August 26, 2020
The councillors are arguing that they should be allowed to conduct their constitutional mandate unless the ministry complies with certain provisions of the Constitution and ZEC following the guidance of the Minister Of Local Governance should call for a nomination day to fill the vacancies in 35 days’ time.
Gomba was recalled a few days after he was released from remand on $10000 bail after he was arrested on graft charges.
More: The Herald