Financial Gazette (Harare)
Clemence Manyukwe
1 March 2007
Harare — THE High Court has upheld the suspension of Chitungwiza Executive Mayor Misheck Shoko by Local Government Minister Ignatius Chombo on the grounds that he did not file an appeal against his dismissal within the stipulated period.
Chombo suspended Shoko last year on allegations of incompetence, but Shoko, who was elected on an opposition MDC ticket in 2002, challenged the move, saying it was politically motivated.
In her ruling, judge president, Justice Rita Makarau said: "In terms of the rules, the first applicant must have filed his application for review within eight weeks of the date of the decision (to suspend him). According to my calculation, the eight-week period expired around February 19 2006. The application before me was filed on March 6 2006, a week after the expiry of the eight-week period."
The judge said since the court was dismissing Shoko's application on grounds not raised by Chombo, there would be no order pertaining to legal costs.
Shoko is the third elected opposition mayor to be suspended by Chombo after Elias Mudzuri of Harare and Misheck Kagurabadza of Mutare. Chombo was the sole respondent in the legal suit, while Shoko, Collin Gwiyo, a councillor in Chitungwiza, as well
as the Chitungwiza Residents and Ratepayers Association, were the plaintiffs.
Shoko had sought an order declaring that sections of the Urban Councils Act that Chombo invoked were unconstitutional. Shoko also argued that due legal process was not exhausted when he was suspended. Chombo's actions were "grossly unreasonable and motivated by political malice", he said.
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