Clr Banda ordered to stop doing council business

15 Oct, 2017 - 02:10 0 Views
Clr Banda ordered to stop doing council business Gift Banda

The Sunday News

Bulawayo Deputy Mayor Councillor Gift Banda

Bulawayo Deputy Mayor Councillor Gift Banda

Vusumuzi Dube, Municipal Reporter
THE Government has insisted that Bulawayo Deputy Mayor Councillor Gift Banda is still under suspension and should forthwith stop conducting council business.

Last month, the High Court ordered the Minister of Local Government, Rural Development and National Housing, Cde Saviour Kasukuwere to reinstate Clr Banda saying the decision to fire him was unreasonable.

A couple of weeks after the judgement, Minister Kasukuwere said they had not yet reinstated Clr Banda as they were still studying the court order. Over a month later, the ministry still insists that Clr Banda has not been reinstated hence is not mandated to conduct any council duties.

In an interview with Sunday News, Permanent Secretary in the Ministry of Local Government, Rural Development and National Housing Engineer George Mlilo expressed shock that Clr Banda had resumed his duties as deputy mayor. He said they were yet to be advised by the Attorney-General’s office on the matter but said Clr Banda could not resume his duties until the matter was settled.

“Is he really back at work? I wasn’t aware of that. Anyway we are yet to be advised by the Attorney-General’s office on the matter. But as far as we are concerned Clr Banda has not yet been reinstated, we will advise soon on the ministry’s position,” said Eng Mlilo.

Efforts to get a comment from Clr Banda were, however, fruitless. A council source who spoke on condition of anonymity said Clr Banda had resumed his duties revealing that the court order had been studied by the council’s legal section hence the decision to reinstate him.

“The legal section felt the court order was straight forward regarding the reinstatement of Clr Banda. There was absolutely no need to await for the minister to make a proclamation on the matter, the court order was seen as binding,” said the source.

Last month, High Court Judge Justice Martin Makonese ruled that the decision of a tribunal that recommended Clr Banda’s firing was not grounded on any facts on the record of proceedings and the Minister (Kasukuwere) relied on misrepresentations to fire him. He ordered the deputy mayor’s reinstatement with full benefits.

Justice Makonese said the allegations against Clr Banda were based on personal conflicts with certain sections of society.

“There appears to have been an element of mala fides on those that misrepresented the facts to the minister. The tribunal could not find any evidence to come to the conclusion that the applicant was guilty of gross misconduct. Accordingly, I am satisfied that the applicant is entitled to the relief sought. It is therefore ordered that he be and is hereby reinstated as councillor for Ward 5 in Bulawayo and Deputy Mayor of Bulawayo City with no loss of allowances and benefits.”

 

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