Manyenyeni suspension testimony of ZANU PF illegality

On 20 April 2016, Local Government Minister and ZANU PF political commissar, Saviour Kasukuwere, suspended City of Harare Mayor Bernard Manyenyeni.

Saviour Kasukuwere

Saviour Kasukuwere

The reasons for Manyenyeni’s suspension emanate from the recent appointment of Mr James Mushore by the City of Harare councilors as Town Clerk. The legal basis for his suspension is in terms of Section 114 (1) (d) (ii) of the Urban Councils Act which section is ultra vires the constitution.

The Constitution of Zimbabwe is very clear in section 278 (2) and (3) which provides for the removal from office for persons holding the office of mayor. The section specifically provides for a tribunal which must be set in terms of an act of parliament which act of parliament is not there.

What is shocking is the targeted suspension of just the Mayor when in fact it was the City of Harare councilors as a collective who made the decision to appoint Mushore as Town Clerk. It thus boggles the mind why Kasukuwere targeted councilor Manyenyeni only.

In any event as highlighted above, Kasukuwere has no legal power to suspend any sitting mayor or chairperson of a local authority. Therefore what Kasukuwere has done is blatantly illegal, unconstitutional and a clear testimony that ZANU PF has no respect for the rule of law.

Given such levels of brazen violation of the constitution from the highest office in broad daylight, the ordinary citizens are undoubtedly far from enjoying their rights. If the ZANU PF regime can go to such a gross extent just to suspend a mayor and in the process violate the constitution, the question in the minds of ordinary Zimbabweans is the extent to which they will violate the constitution and flout the rule of law to win an election.

It is against this background that we have consistently warned gullible elements in the international community that ZANU PF is not prepared to reform and the current efforts are meant to create a smoke screen to hoodwink international financial institutions into funding the broke ZANU PF regime.

We have also warned that those appeasing ZANU PF will soon be exposed and if there were any doubts to the illegalities which the regime can do, then Kasukuwere’s actions have put paid to those doubts.

Without adherence to the rule of law, Zimbabwe cannot be said to be on an irrevocable path to reform. Thus the attempt by certain elements of the international community to paint a picture of a reforming ZANU PF which deserves support ahead of the crucial IMF Executive Board meeting on the 2nd of May 2016 is a fallacy which none other than ZANU PF itself has proved to be so.

We reiterate our position again that reforms need reformers and ZANU PF has no reformers and more dangerously, ZANU PF has no appetite for reform. The regime is determined to continue on a path of illegality and will from time to time attempt to charm the world in search of a bailout from their current self inflicted financial woes.

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