THE Minister of Local Government and Public Works, July Moyo, has officially fired the Mayor of Victoria Falls Somvelo Dhlamini acting in recommendations by the MDC led by Nelson Chamisa that the Mayor be fired and his ward 9 council seat be declared vacant.
Chamisa fired Dhlamini last month saying the Mayor had acted against party protocol when he proceeded and welcomed President Emmerson Mnangagwa at the airport. The President was in the resort town for an international event that Zimbabwe hosted.
The MDC so said Dhlamini had defied the opposition’s directive not to contest for the mayoral post, but rally behind the party’s preferred candidates, Margaret Valley and Ephias Mambume as mayoress and deputy mayor, respectively.
In his letter to Dhlamini, Minister Moyo said the replacement Mayor will be elected soon and all council assets in the possession of Dhlamini must be returned to the council.
“I wish to inform you that I am in receipt of a letter from the Movement of Democratic Change that councilor S Dhlamini has been expelled from the party. In terms of section 278(1) of the Constitution of Zimbabwe, as read with section 129(1)(k), ward 9 of Victoria Falls Municipality is now vacant,” the letter read.
“In terms of section 121 of the Electoral Act, please inform the Zimbabwe Electoral Commission of the casual vacancy. Please ensure a new mayor is elected as soon as possible and any assets of council recovered from Clr Dhlamini.”
Dhlamini is also facing charges of abuse of office after he allegedly forged title deeds of a housing stand he got at a subsidized price in 2013 before illegally selling it for US$20 000 without paying anything to the council.
After being fired, Dhlamini attempted to sue Chamisa.
In his founding affidavit, Clr Dlamini said his dismissal from both the party and council was in violation of his constitutional rights, arguing that he was never brought before a disciplinary hearing.
“I was never charged of any act of misconduct in terms of the MDC Alliance’s constitution. The law clearly states that where an adverse administrative decision is to be taken against me I ought to be given an opportunity to make representations, but in this case, I was neither afforded such an opportunity nor furnished with any reasons thereof,” he argued.
“My right to a fair administrative justice under section 68 of the constitution has been violated since I was never brought before a disciplinary hearing to answer any charges either at provincial level or on appeal before the national disciplinary committee.”
However, Dhlamini developed cold feet and withdrew his court papers from the Bulawayo High Court a week later.
He withdrew the matter with consent from all the six respondents including Chamisa.
“Be pleased to take notice that applicant hereby withdraws this application with the consent of first, second, third, fourth and fifth respondent each party to his or her own cost.
“The Applicant tenders sixth respondent’s cost,” Dhlamini stated in his withdrawal papers. – Zimbabwe Voice
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