Former Bulawayo Deputy Mayor, Tinashe Kambarami has filed a Supreme Court challenge against the High Court’s ruling to declare his election last year as Ward 3 councillor null and void.
The ruling was made by Bulawayo High Court Judge, Thompson Mabhikwa.
Mabhikwa found Kambarami guilty of contravening Section 119 (2) (e) of the Electoral Act (Chapter 213) following his conviction for theft at the Bulawayo magistrates’ court under criminal record Book (CRB) number 1981/18 ON June 2 2018.
“The court a quo erred in not holding that it had no jurisdiction to hear and determine this matter on the basis that the same was not an election petition filed under Section 168 of the Electoral Act Chapter 2:13 nor was it at law an appeal application or petition in terms of the same Act,” argued Kambarami in his appeal papers filed by his lawyer, Mqhawe Mpofu of Sam Mlauzi and Partners.
In his appeal filed on Monday, Kambarami also contended that the 1st respondent, 1893 Mthwakazi Restoration Movement Trust, had no lacus standi to challenge him since the organisation has no legal capacity of suing or being sued.
“The Court a quo erred as a question of law in failing to hold that 1st respondent, a Trust had no legal capacity of suing and being sued and more importantly in falling to hold that the same no locus Standi or legal basis of bringing the application,” submitted Kambarami in his application.
The deputy mayor further argued that the court had erred in failing to hold that the 2nd respondent, Nomalanga Dabengwa did not have locus Standi to approach the court and could only have done so through an election petition in terms of Section 168 of the Electoral Act of which the application in the court a quo was not won.
“The court a quo erred in its interpretation of Section 119 (2) of the Electoral Act.
1892 Mthwakazi Restoration Movement Trust was cited as the 1st respondent while Nomalanga Dabengwa, Bulawayo City Council and MDC were cited as 2nd, 3rd and 4th respectively.
The respondents are yet to respond to the application.