Supreme Court Forces Binga Council CEO to Give Up Zanu-PF Post

A ZANU-PF party Central Committee member Joshua Muzamba has relinquished his position in the ruling party in compliance with a court order, which directed him to choose between holding a position in ZANU PF party or remain as Binga Rural District Council (BRDC) Chief Executive Officer as provided in the Constitution.

In a landmark ruling, the Supreme Court in August 2018 ruled that Muzamba must either resign as a ZANU PF Central Committee member or quit being BRDC’s Chief Executive Officer as he cannot occupy both positions at the same time.

Three Supreme Court Judges of Appeal namely Justice Anne-Mary Gowora, Justice Ben Hlatshwayo and Justice Lavender Makoni noted that after assuming political office, Muzamba was automatically barred in terms of section 266(3) of the Constitution from maintaining employment in whatever capacity with BRDC. Section 266(3) of the Constitution provides that employees of provincial and metropolitan councils and local authorities must not be office-bearers of any political party.

In a letter written to Obert Mpofu, the ZANU PF party Secretary for Administration, Muzamba said he was relinquishing his membership of the ruling party with effect from 25 October 2018 in compliance with the terms of the Supreme Court order.

Muzamba was hauled to court by Binga North legislator, Prince Dubeko Sibanda, who was represented by Advocate Tawanda Zhuwarara instructed by Kay Ncube of Zimbabwe Lawyers for Human Rights, who argued that the Binga local authority leader had breached the Constitution by remaining as the BRDC’s Chief Executive Officer and at the same time maintaining his position as a Central Committee member of ZANU PF party.

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