Follow the law, Mayor tells July Moyo

...Says no lawful basis for appointment of Deputy Mayor

RYAN CHIGOCHE

Chitungwiza Municipality Mayor Lovemore Maiko has told Local Government minister July Moyo to undo his unlawful appointment of a Deputy Mayor for the dormitory town.

Last month, Moyo appointed Kiven Mutimbanyoka as the Deputy Mayor for Chitungwiza arguing that the council had neglected to appoint a Deputy Mayor following the recalling of Councillor Musa Makweza.

In a letter to Moyo dated September 1, Maiko said the appointment was unlawful and the Minister only had powers to appoint an Acting Mayor where both the offices of “Mayor and Deputy Mayor are vacant or where both are absent, or incapacitated or have failed to act”.

“As appears in your letters the appointment was purportedly made in terms of Section 104(3) of the Urban Councils Act. In consideration of the legal counsel that I have received, the appointment is unlawful,” reads the letter in part.

He said a substantive Mayor is present to discharge his functions and so there is “no lawful” basis for the appointment, adding that substantive positions can only be filled through an election.

“As you may be aware Honourable Minister state functionaries like us, you and me, no matter how well-intentioned may only do what the law empowers them to do,” he wrote.

“If what you have done is as illegal as I believe it is, it means everything that the Deputy Mayor does will be contaminated and inevitably a nullity.”

He said the council was within the statutory 30 days to elect a Deputy Mayor from the date of the certificate of vacancy was issued by the Acting Town Clerk.

“I am sure it is not only in Chitungwiza Municipality’s interest but also in Government’s interest to ensure that the business of council is transacted lawfully. This is why I kindly request you to reconsider your decisions as a matter of urgency and allow council to elect a Deputy Mayor as it should in terms of the law,” Maiko said.

 

 

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