By Bulawayo Correspondent
The MDC says it will go to the Supreme Court to challenge the nullification of former Bulawayo Deputy Mayor, Tinashe Kambarami’s election.
Last week, Bulawayo High Court Judge, Thompson Mabhikwa declared the election of Kambarami as Ward Three councillor in last year’s harmonised elections null and void.
Justice Mabhikwa found Kambarami liable to contravening Section 119 (2) (e) of the Electoral Act (Chapter 213 following his conviction of theft at the Bulawayo magistrates court under criminal record Book (CRB) number 1981/18 on June 2, 2018.
However, Kambarami’s party views Justice Mabhikwa’s ruling as a political judgment.
“We are appealing to the Supreme Court,” party spokesperson for Bulawayo Swithern Chirowodza told NewZimbabwe.com weekend.
The court cannot assign itself the powers to unseat a sitting councillor because those powers are vested in a tribunal set up by the Minister of Local Government in terms of Section 278 of the Constitution of Zimbabwe.”
Chirowodza also argued that since Kambarami’s case involves an election dispute, the matter was supposed to be heard by the Electoral Court as opposed to a criminal court.
Justice Mabhikwa’s ruling follows an application filed by Zapu’s Ward Three losing candidate Nomalanga Dabengwa and Mthwathakazi 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.