Suspended Harare town clerk, James Mushore, has taken his case to the Labour Court.
Mushore was suspended by Local Government, Public Works and National Housing Minister, Saviour Kasukuwere, in March last year.
Kasukuwere argued that his appointment was in breach of the Urban Councils Act (UCA) and that the city fathers should have sought his ministry’s approval first before giving Mushore the job.
Although council was adamant that it derived its powers from the new Constitution, which gave local authorities autonomy on executive appointments, Mushore has, since then, becaome a persona non-grata at town house.
“I will be taking the city to the Labour Court. My lawyers (Gill, Godlonton & Gerrans otherwise known as GGG) should have filed the papers by now,” he told the Financial Gazette on Tuesday.
Raymond Moyo of GGG said it was still too early to comment on the matter.
Said Moyo: “It is still premature to comment now. The matter is sub judice; suffice to say it is before a labour officer. But later on when the case becomes clearer I may be able to make a comment.”
Mayor, Bernard Manyenyeni, said he was aware of the pending Labour Court challenge by Mushore and the matter was being handled by council lawyers.
“All I can say is there has not been further developments so far regarding his case, except that the case is being handled by our lawyers and his lawyers and I don’t have the papers on the case 9with me),” said the Harare mayor.
In March last year, Manyenyeni was also suspended for his role in Mushore’s appointment in a matter which ended up at the High Court where the mayor challenged sections of the UCA, which he felt were ultra vires the Constitution.
The court ruled against him, but it, however, said Manyenyeni could only be sacked through a tribunal that should have been set up within 40 days of his suspension.
Because the 40 days lapsed before the tribunal could be established, he was reinstated, only to be immediately re-suspended in early June last year over new charges of failing to deal with corruption at one of the council’s units, Easi Park, in a month replete with drama.
His case, however, fizzled out following the promulgation of the amended UCA, which meant that Kasukuwere had to restart the whole process again if he was still interested in pursuing it through provisions of the amended Act, which now gave him powers to appoint a tribunal powers to suspend or remove councillors from office. Financial Gazette