SUSPENDED MDC Alliance Chitungwiza mayor Gift Tsverere and his deputy Jabulani Mtunzi have conceded their suspension from the council and called for the holding of fresh mayoral elections, adding their move is meant to avoid stalling the council’s progress in the wake of a cholera outbreak.
BY CHARLES LAITON
The duo’s position came about after they were early this month suspended by High Court judge Justice Edith Mushore, following an application by Zanu PF councillor for ward 13, Kiven Mutimbanyoka, who approached the court seeking nullification of the mayoral election results of September 4, describing the electoral process as irregular and illegal.
But in his notice of opposition filed through his lawyers, Messrs Mavhunga and Associates Legal Practice on October 18, 2018, Tsverere said although he and Mtunzi had decided “to eat a humble pie and consent to Mutimbanyoka’s sought relief”, they wanted the latter to know that he “must be day dreaming if he harbours any minute chance of reversing the result in his favour”.
“The application only serves an academic purpose and has no practical significance, hence it’s a waste of resources and time… the relief sought by the applicant (Mutimbanyoka) is that the election be set aside and naturally be conducted once again because of the alleged irregularities,” Tsverere said in his founding affidavit.
“We (Tsverere and Mtunzi) are prepared to eat the humble pie and consent to such relief, but the applicant must be day dreaming if he harbours any minute chance of reversing the result in his favour. We are even ready to have the elections conducted as soon as possible.”
In his application, Mutimbanyoka had claimed, no appropriate time was given for the elections; hence the meeting where elections were conducted was not properly constituted, adding that the inadequacy of time was prejudicial to the councillors, including himself, as he also wanted to lobby for the post.
But Tsverere accused Mutimbanyoka of snatching a judgment, arguing if they had been served with the notice of set down, they were confident that Mutimbanyoka would not have succeeded in his application.
Mutimbanyoka is represented by Raymond Nembo of Nembo Attorneys.