Ousted Bulawayo Deputy Mayor, Tinashe Kambarami has challenged a High Court ruling that rendered his election into public office as null and void last week.
Kambarami, through his lawyer Maqhawe Mpofu of Samp Mlaudzi lodged an appeal at the Supreme Court Tuesday to review Justice Thompson Mabhikwa’s ruling.
The ruling was made after a social group, 1893 Mthwakazi Restoration Movement (1893MRM) and Nomagugu Dabengwa sought to declare Kambarami unfit for public office as he is a convicted criminal.
In July 2018, Kambarami pleaded guilty to theft charges and was fined $80 or 18 days in prison for stealing an extension cord from an electrician he had hired to do manual work at his offices.
According to the law, Kambarami’s fresh appeal to the Supreme Court automatically suspends the previous judgment made in the High Court by Justice Thompson Mabhikwa.
The appeal cited the High Court had no jurisdiction to hear and determine Kambarami’s fate on the basis that 1893 MRM challenge’s was not an election petition under Section 168 of the Electoral Act.
Kambarami’s lawyer also argued that 1893 MRM and Dabengwa had no legal capacity of suing him or neither did they have the capacity to bring the deputy mayor before the court.
According to the application, “The court failed in holding that a person had been lawfully nominated (in the case of Kambarami) can only be removed from the office in terms of Section 278 of the Constitution of Zimbabwe.”
1893 MRM Chief administrator, Bernard Magugu told CITE they had no problem if Kambarami wanted to appeal, what they want is justice.
“The two parties should be happy with the end result that is the general population of Bulawayo and Kambarami. We stand guided by the principles of justice and still maintain that Kambarami has a criminal record and is unfit to lead as deputy mayor of Bulawayo,” he said.
Magugu added they had not received any subpoena from the courts to give their commitment.
Meanwhile Mpofu has served the Bulawayo City Council with a letter noting that Kambarami will be resuming his normal council duties forthwith.
“We hope our client will receive all necessary assistance and cooperation from all spheres of council in the discharge of his duties pending finalisation of the appeal, ” read the letter.