By Bulawayo Correspondent
EXPELLED MDC Alliance Victoria Falls Mayor, Somvelo Dlamini has taken party president Nelson Chamisa to the High Court over his expulsion from the party as well as recalling him as councillor.
Dlamini was expelled from the party last month after he defied the party’s directive to step down as mayor and pave way for the party’s preferred candidate, Margaret Varley.
The party had directed that Dlamini should instead stand as Deputy Mayor.
In papers filed at the Bulawayo High Court Friday, Dlamini also cited as respondents, the party’s Secretary General, Chalton Hwende , the party’s Matabeleland North provincial chairperson, Prince Dube Sibanda and the Minister of Local Government July Moyo.
Dlamini said he wanted Hwende’s letter recalling him as councilor for Ward 9 in the Victoria Falls Municipality to be declared null and void by the court.
“It be and is hereby declared that the 1st respondent (Hwende), 2nd (MDC), 4th (Chamisa) and 5th (Dube) respondents have breached the Constitution of Zimbabwe relating to right to fair and justice as contained in Section 68 of the Constitution of Zimbabwe,” Dlamini said.
“The 1st ,3rd and 5th respondents have breached the applicant’s right to fair hearing as contained in the Constitution of Zimbabwe.”
The former Mayor argued that precedence in the party was set before when Masvingo Mayor, Collen Makoke and Chegutu Mayor, Henry Muchandibaya defied a similar party directive but were not expelled from the party.
“On the day aforesaid the 4th respondent ordered the Mayor of Masvingo, Collen Makoke and Henry Muchandibaya of Chegutu Municipality to step down in favour of councillors who had lost the mayoral races in the respective cities. As stated above, both myself and my colleagues, mayor of Masvingo and mayor of Chegutu were asked to step down as mayors as we were elected under the same circumstances.
“However, my colleagues have not been recalled while I am being recalled. I am therefore being subjected to unfair discriminatory conduct which is against the Constitution of Zimbabwe,” Dlamini submitted in his papers.
The ousted mayor also accused Chamisa of practicing racial discrimination.
“The 4th respondent’s actions of showing racial discrimination in saying I must resign from being mayor of Victoria Falls Municipality to pave way for his preferred losing candidate Margaret Varley is against the ethos of equality among the people of different races . This is total regrettable and uncalled for.
“I have demonstrated that the conduct of 1st to 5th respondents herein are not only irregular but ultra vires the constitution, code of conduct and that of the MDC constitution of Zimbabwe. This cannot be allowed to stand. I therefore seek the intervention of this Honorable Court.”