By Bulawayo Correspondent
BULAWAYO High Court Judge, Thompson Mabhikwa has declared the election of Bulawayo Deputy Mayor Tinashe Kambarami as Ward 3 councillor null and void.
Following Justice Mabhikwa’s declaration, Kambarami automatically ceases to be both Ward 3 councillor as well as Deputy Mayor.
Justice Mabhikwa found Kambarami liable to contravening Section 119 (2) (e) of the Electoral Act (Chapter 213) following his conviction for theft at the Bulawayo magistrates’ court under Criminal Record Book (CRB) number 1981/18 on June 2, 2018.
“The court cannot condone or pleasantly countenance an on-going illegality a fortiori following a criminal offence. The court has to protect the rule of the law and the doctrine of legality. It is hereby declared that the election of 1st respondent as councillor for ward 3 in Bulawayo was in contravention of section 119 (2) of the Electoral Act,” ruled Justice Mabhikwa.
The judge also ordered Kambarami to pay the costs of the suit on the ordinary scale.
Justice Mabhikwa’s ruling follows an application filed by Zapu’s Ward three losing candidate in last year’s elections Nomalanga Dabengwa and Mthwakazi Restoration Movement Trust challenging the election of Kambarami.
Bulawayo City Council, the MDC Alliance and the Zimbabwe Electoral Commission (ZEC) were also cited in the application which was filed under case number EC/18.
Kambarami was represented by the Mqhawe Mpofu of Sam Mlaudzi and partners while the applicants were represented by Godfrey Nyoni of Moyo and Nyoni partners.