Judge orders tribunal to release record of proceedings

Source: Judge orders tribunal to release record of proceedings – NewsDay Zimbabwe July 7, 2017

BULAWAYO High Court judge, Justice Nicholas Mathonsi has ordered an independent tribunal, which dealt with former deputy mayor Gift Banda’s corruption case, to release the record of proceedings that led to the latter’s dismissal in December last year.

BY SILAS NKALA

Mathonsi made the ruling yesterday after Banda’s lawyer, Kholwani Ngwenya requested the record for purposes of filing an application for review of the matter.

“The application for the release of the record of proceedings of the tribunal is granted,” Mathonsi ruled.

Banda had cited Local Government minister Saviour Kasukuwere, tribunal members Hilda Makusha Moyo, Midard Khumalo, Lucy Manhokwe, and the city council as respondents.

In his founding affidavit, Banda had submitted: “I have sought the record of proceedings on numerous occasions and the first respondent (independent tribunal) has not been forthcoming only to avail an incomplete record of proceedings replete with grammatical and typographical errors.

“I, accordingly, seek an order compelling the first respondent to avail and furnish me, through my legal practitioners of record, within five days of service of the order, with a complete and full record of proceedings.”

Banda was the deputy mayor of Bulawayo and ward 5 councillor before Kasukuwere suspended him on September 20, 2016 on allegations of abuse of office and acquiring land in a dubious manner.

After submitting a response to the allegations on November 15, 2016, the tribunal on February 23 this year found Banda guilty of gross misconduct and recommended his dismissal before taking him for a hearing.

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