CorrespondingBULAWAYO Deputy Mayor Tinashe Kambarami is seeking a legal battle after revelations that a rival faction of the MDC opposed his election to plan a voter in his ward to approach the courts seeking an order to nullify his appointment and election as city councilor. the reasons for his conviction for theft.
A source within the province of MDC Bulawayo said that all their systems were, the preliminary documents were prepared by the lawyers and the final consultations are being made before the deposit.
"The question is very true, yes, I can confirm. The documents have been drafted and legal procedures will be instituted soon. After the political process was thwarted by the president (Tabitha Khumalo), the only way is to follow the legal path, "the source revealed.
Kambarami was in July under the CRB in 1981/18, convicted of his own fault for theft by Bulawayo magistrate Sharon Rosemani. He was fined $ 80 or 18 days in jail for stealing an extension of an electrician who had hired to do manual labor in his offices.
He had been handed over until the end of July to pay the fine, but went into default, resulting in an arrest warrant against him. Kambarami paid the fine on August 15.
Pursuant to section 119 (2) (e) of the Election Act, a person must be disqualified to be nominated as a candidate or elected as a councilor if he or she has been convicted of an offense involving dishonesty.
"Our lawyers informed us that according to the Electoral Act, your election as a councilor will be annulled. We did not want to get to this level, we just wanted him to respect party processes and resign to the position of deputy mayor. His challenge now will cost him the position of the council himself. And at that moment
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Lawyers recently quoted in the media as saying that Kambarami could be fired if the courts were approached.
"Legally, once a person is declared duly elected, it is not automatic to leave office unless there is a court order to overturn it. We are therefore saying that someone will have to go to court, whether voter or some interested party. In essence, it means that Kambarami remains advisor and deputy mayor until a competent court has declared him unable to remain in office, "said constitutional lawyer Lovemore Madhuku.
Law Society of Zimbabwe counselor Godfrey Nyoni said: "If Kambarami was actually sentenced, of which I doubt he has revealed his conviction to the Naming Court, his election must be a nullity and anyone can approach the Supreme Court to seek a declaratur say your election was not in terms of the law. You can not sanitize an illegality and if something is a nullity it's a nullity and it ends there. "