BY WANDILE TSHUMA
Residents of Victoria Falls have come out guns blazing against Local Government and Public Works Minister Daniel Garwe’s decision to nullify the suspension of Town Clerk Ronnie Dube.
The controversy began when the City of Victoria Falls council suspended Dube over allegations of corruption.
However, Minister Garwe intervened, citing that the council’s resolution contravenes Section 139 (4) of the Urban Councils Act.
In response, the residents associations, through their lawyers Dube, Mguni and Dube Legal Practitioners, penned a scathing letter to Minister Garwe, demanding that he withdraws his directive.
The letter, signed by lawyers Dube, Mguni and Dube, reads:
“We have been approached by the Hwange District Residents Association (HWADRA) and Victoria Falls Combined Residents Association (VIFACORA) with respect to the contents of this letter.
Our clients are concerned that the contents of the Honourable Minister’s letter purport to represent the interest of the inhabitants of the City of Victoria Falls, whom he has not consulted.
The Honourable Minister may need to know that on the 8th of December 2024, a joint meeting of above named residents associations have resolved to support the resolution of their agents and representatives in council.
There is therefore no doubt that the town clerk’s suspension is supported by the inhabitants of the City of Victoria Falls.
The Honourable Minister is advised that the suspension of the town clerk complies with Section 139 (4) of the Urban Councils Act [Chapter 20:15] regarding the inquiry into the allegations of the suspended town clerk.
There is only one inquiry committee before which the suspended town clerk is expected to go and make his representations when invited to do so.
Procedurally, if the town clerk is found to have a case to answer, he will appear before a disciplinary committee, which is yet to be constituted.
The residents are aware that the resolution has recommendations for possible experts to be approached to form the disciplinary committee, should that become necessary.
It stands to reason that the investigative inquiry committee cannot sit and be judges over their own report.
This cannot render the resolution of council to be unlawful as to warrant a ministerial directive to rescind it.
The feeling of the residents is that the costs of a disciplinary process cannot be avoided if government is serious about combating corruption in all its forms.
The resolution is clear that the town clerk was suspended without salary and benefits.
The decision to pay the suspended town clerk allowances is supported by section 139 (5) (b) of the Urban Councils Act [Chapter 20:15]. It is statutorily provided.
There is no contradiction in the resolution.
There is, with respect, no legal basis for councillors to rescind a lawful resolution meant to combat corruption in local authorities.
The Honourable Minister’s directive has adverse effects on fighting corruption.
The directive is meant to lift the town clerk’s suspension without him answering to the allegations against him.
It is not government policy that those accused of corruption can be let off the hook without being investigated or brought to book.
The President of the Republic of Zimbabwe, DR E.D Mnangagwa is on record saying corruption is working against the attainment of national development goals and is inimical to public interests.
Our clients’ considered view is that the Honourable Minister will be best informed about the interests of the inhabitants of Victoria Falls if he visits and consults the taxpayers of council.
Meanwhile, our clients who are a representative body of the inhabitants of the council area are in support of the town clerk’s suspension and are monitoring the inquiry into the town clerk’s allegations.
Accordingly, we have been instructed to demand that the Honourable Minister, immediately withdraws his letter dated 6th December 2024 to the Mayor of Victoria Falls and make arrangements for a public consultation with the inhabitants of the council area, failing which the Honourable Minister and the City of Victoria Falls (as represented by the Mayor) will be taken to the High Court of Zimbabwe for appropriate relief.
We trust this is in order.
Yours faithfully,
DUBE, MGUNI & DUBE LEGAL PRACTITIONERS
CC: His Worship the Mayor of Victoria Falls, Clr P.T Moyo