mbulelo smpofu
Vusumuzi Dube, Online News Editor
BULAWAYO Town Clerk, Mr Christopher Dube has clarified that the city’s councillors do not have the authority to elect a new Deputy Mayor unless there is a permanent vacancy caused by circumstances such as death, suspension, or dismissal.
This clarification is expected to put to rest the jostling for the position among councillors who were already positioning themselves to replace Councillor Edwin Ndlovu, who is facing bribery charges.
Clr Ndlovu, alongside Finance and Development Committee chairperson Clr Mpumelelo Moyo is out on bail after allegedly soliciting for a US$20 000 bribe from Labenmon Investments as payment for facilitating approval for land to set up a cement mixing plant.
Reports indicate that a faction of councillors was now advocating for Clr Ndlovu’s resignation from his role and had started seeking support for the position.
However, according to a report by the Town Clerk, which was availed to councillors during a council in-committee session last Wednesday, Mr Dube clarified that no election for the position of Mayor or Deputy Mayor can take place unless in the event of a permanent vacancy.
“As prescribed in section 104 (3) of the Urban Councils’ Act (Chapter 29:15), whenever the offices of both the mayor or chairperson and the deputy mayor or deputy chairperson are vacant, incapacitated, or fail to act, their functions under this Act, any other law, or any resolution of the council shall be exercised by a councillor appointed by the council for that purpose, or, failing such appointment, by a councillor appointed by the minister.
“To exercise this right, Council has traditionally selected representatives of the Mayor’s office from the General Purposes Committee based on a hierarchy determined by the ranking of departments. For example in the absence of both the Mayor and the Deputy Mayor, the chairperson of the Finance and Development Committee is ranked first, while the chairperson of the Environmental Management and Engineering Services Committee is second,” reads the report.
Mr Dube noted that this hierarchy does not encompass all the chairpersons of council committees and their respective ranks, thus creating a dilemma on whom to assume Mayoral duties in the absence of the above-mentioned chairpersons.
To deal with this dilemma, the Town Clerk noted that the ranking of chairpersons shall be as follows: Finance and Development Committee chairperson, Environmental Management and Engineering Services Committee chairperson, Health, Housing and Education Committee chairperson, Town Lands and Planning Committee chairperson and at the end will be the Future Water Supplies and Water Action Committee chairperson.
“Therefore in the event of temporary vacancies, councillors should follow the established ranking without the need for an election. Whereas in cases of permanent vacancies, such as death, suspension and dismissal an election will be held,” reads the report.
Administratively, Mr Dube revealed that in terms of Section 137 (2) of the Urban Councils’ Act (Chapter 29:15) whenever the office of the Town Clerk is vacant or the incumbent is absent or incapacitated or fails to act, the Chamber Secretary shall perform the functions of the Town Clerk.
“Customarily, in the absence of both the town clerk and the chamber secretary, one of the directors in their particular order (rank of departments) is selected to act in the capacity of the Town Clerk.
“The ranks of council departments are as follows: Town Clerk’s Department, Chamber Secretary’s Department, Financial Services Department, Water and Sanitation Department, Health Services Department, Housing and Community Services Department, Human Capital Department, Town Planning Department and the Works Department,” reads the report.
Meanwhile, several councillors in the city staged a walkout during an in-committee council session at the council chambers last Wednesday, protesting the decision to have the meeting chaired by Clr Ndlovu.
The Wednesday meeting marked the first full council meeting since the release of both councillors (Clr Ndlovu and Clr Moyo) on bail.
While Clr Ndlovu was absent from the full council meeting session, Clr Moyo was present.
With the Mayor David Coltart away attending the African Investment Forum in Rabat, Morocco, the meeting was chaired by Clr Dumisani Netha, chairman of the Town and Planning Committee.
Clr Ndlovu only emerged after the full council meeting to attend the council in-committee meeting and as the acting mayor, he was meant to take the chair.
However, sources revealed that when Clr Ndlovu took the chair, several councillors walked out of the meeting straight after the prayer, to mark the beginning of the meeting, allegedly in protest of the acting mayor chairing the meeting.
“The Deputy Mayor did not attend the full council meeting and only attended the closed council in-committee session which he chaired. However, straight after the prayer to mark the beginning of proceedings, nine councillors walked out, in protest of his assuming the chair. The nine who walked out added to the five who did not attend the meeting. The meeting, however, managed to go ahead as those who remained constituted a quorum,” said the source.
The nine who reportedly walked out of the meeting include Councillors Tawenga Zidya, Nkosinathi Hove, Felix Madzana, Lovewell Mwinde, Royini Sekete, Tinevimbo Maposa, Bruce Mmeli Moyo, Mellissa Mabeza and Lazarus Mpandwe.
Those who did not attend are Councillors Ntombizodwa Khumalo, Donaldson Mabuto, Ashton Mhlanga, Khalazani Ndlovu and Nokuthula Sibanda.
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