The MDC-T has approached the Constitutional Court challenging the constitutionality of Local Government (Amendment) Act, 2016. This amendment gives the Minister of Local Government, Public Works and National Housing the power to suspend councillors, mayors and council chairpersons on his own. The MDC-T is arguing that this is against the Constitution which provides for an independent tribunal to be set up when a councillor is to removed from office.
In their application, the MDC-T cited Minister of Local Government, Public Works and National Housing Saviour Kasukuwere, Vice President Emmerson Mnangagwa, Attorney-General Advocate Prince Machaya and the Speaker of Parliament Adv Jacob Mudenda
Section 278 of the Constitution reads:
An Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing from office mayors, chairpersons and councillors, but any such removal must only be on the grounds of,
a) Inability to perform the functions of his or her office due to mental or physical incapacity, or
b) Gross incompetence, or
c) Gross misconduct, or
d) Conviction for an offence involving dishonesty, corruption or abuse of office, or wilful violation of the law, including a local authority by-law.
In their application the MDC-T state:
The minister is not an independent tribunal and there is no room for ministerial intervention left by the constitutional provision. This is blatantly unconstitutional. Suspension is removal, albeit temporarily.
It is incredible that the Act seeks to smuggle the minister into the law by merely replacing removal with suspension.
The respondents are yet to file their responses.
More: Herald
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