BINGA North MDC-T MP Prince Dubeko Sibanda has called for the dismissal of Binga Rural District chief executive officer Joshua Muzamba saying he is now ineligible to hold the office because he was now a Zanu PF central committee member.
Source: Zanu PF Binga council boss must be fired: MDC-T MP – NewsDay Zimbabwe November 8, 2016
BY SILAS NKALA
Sibanda told the Bulawayo High Court that Muzamba’s continued holding of a public office, while at the same time being a Zanu PF central committee member was unconstitutional.
He made the remarks through his lawyer Matshobane Ncube before Judge Justice Martin Makonese when he was seeking the removal of Muzamba as CEO.
He cited Muzamba and the council as the first and second respondents respectively.
But Muzamba through his lawyer Christopher Dube-Banda argued that Sibanda should have included an MDC-T council chairperson Dube Munkombwe as council representative and the Rural Development, Preservation of Culture and Heritage minister Abednico Ncube in his court application.
Ncube, however, immediately raised a point in limine indicating that at law someone representing an artificial respondent must provide proof of authority, which Munkombwe failed to do. He also argued that citing the minister was not important as it was the choice of Muzamba to be a holder of Zanu PF position when he still holds a public office.
But the Judge asked how Muzamba would be removed if the minister is not involved.
He advised Ncube to admit it was an overlook to exclude the minister though it does not mean he has lost the case.
“First respondent (Muzamba) is an Employee of the second respondent (Binga RDC). He has clearly admitted that he is employed by the council and that he is a member of Zanu PF Central Committee,” Ncube submitted.
“In December 2014, he accepted appointment as Zanu PF Central Committee member.”
He said by holding a political party office, his conduct is contrary to the provisions of the Constitution.
“In a political party there are supporters, members and officials. First respondent is a person of authority in Zanu PF and therefore must not hold a public office position,” Ncube said.
Ncube argued Muzamba was part of the decision-making officials in the party as he is one of the paramount voters in the committee to make party decisions. It is very clear in the Constitution that CEO cannot be an office bearer of a political party. This will colour the manner he discharge his duties. I submit that first respondent has breached the Constitution because he had been notified that his conduct is unconstitutional,” Ncube said.
Ncube said Muzamba was notified of his misconduct since 2014 but retained his political position.
“He must have chosen which position to retain and which one to relinquish, but he has clinged on both positions. He has chosen that he is not relinquishing either of the positions,” Ncube submitted.
Ncube said Muzamba in his court papers, openly states that he is a political party official and cannot cease to be.
“His view of life is coloured by Zanu PF politics,” Ncube submitted.
He then prayed for an order compelling Muzamba to be disposed of his position with cost.
Muzamba’s lawyer Dube-Banda challenged Sibanda’s application saying it was grossly flawed as it excluded council chairperson and the minister. He prayed for its dismissal.
Dube-Banda said the minister, as the one who signs the appointment letter of the CEO must have been included. He said Muzamba was not a council employee but was an officer describing the two as different. He said the RDC Act binds those who are council employees.
“The Act makes a clear distinction between officers and employees,” Dube-Bnda said. “Respondent is a central committee member that comprises 300 members and he as an individual has no authority to decide in Zanu PF. Even the party constitution states him as a member not an official. The officials in Zanu PF are those in the politburo such as secretary for administration, and secretary for finance, among others. If they were saying he is in the politburo I would agree.”
Makonese reserved judgment indefinitely.
The constitution of Zimbabwe does not allow employees of local authorities to hold office in a political party.
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