Former Bulawayo Deputy Mayor’s legal team has challenged the council’s decision to stop him from serving as a councillor Daily News reports. Tinashe Kambarami whose election was nullified by the High Court for violating Section 119 (2)(e) of the Electoral Act in light of his conviction for theft by a Bulawayo magistrate was seen l;ast week attending the monthly full council meeting on the basis that with his appeal still pending the High Court ruling was thereby nullified.
Kambarami attending the council meeting did not go well with other council members and upon consulting the council’s legal advisors barred Kambarami from attending the council meeting. Speaking to the publication, Kambarami’s legal team said Kambarami can not be barred from council meetings after he appealed against the high court ruling:
It is common cause that the decision being appealed against is that of the Electoral Court, and not any other court. As such, an appeal to the Supreme Court is in terms of the Electoral Act not common law,Our view is that the provision is clear and pointed as to the effect of an appeal against the decision of the Electoral Court. The provision requires no further qualification, interpretation and needs not to be supported by case law.
We hope it is clear to you as it is to us that enactments by their nature take precedence over case law, particularly in this case whereon the latest amendment of the Act was in 2018 vis-à-vis a decision made over two decades ago … We trust therefore that you will direct them (BCC) to rescind their letter without further ado
More: Daily News
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