By Bulawayo Correspondent
EXPELLED Victoria Falls Mayor, Somvelo Dlamini, who last week sued the MDC and its leader Nelson Chamisa for throwing him out of the party and recalling him as party councillor, has withdrawn his court action.
Dlamini was expelled on 24 February 2020 after he defied the party’s directive to step down as mayor and pave way for the MDC’s preferred candidate, Margaret Valley.
The party had directed that Dlamini should instead stand as Deputy Mayor.
In papers he had filed at the Bulawayo High Court Friday, Dlamini had also cited the party’s Secretary General, Charlton Hwende, party Matabeleland North provincial chair, Prince Dube Sibanda and the Local Government Minister.
On Monday, Dlamini filed a notice of withdrawal at the High Court.
He withdrew the matter with consent from all the six respondents.
“Be pleased to take notice that applicant hereby withdraws this application with the consent of first, second, third, fourth and fifth respondent each party to his or her own cost.
“The Applicant tenders sixth respondent’s cost,” Dlamini stated in his withdrawal papers.
Dlamini was accusing Hwende and others of breaching his right to a fair hearing as contained in the Constitution of Zimbabwe.
“It is be and is hereby specifically declared that the 3rd respondent does not have the right to recall the applicant as councillor,” Dlamini had submitted in his court application papers.
He wanted Hwende’s letter recalling him as Victoria Falls councillor declared null and void by the court.
“It be and is hereby declared that the 1st (Hwende), 2nd (MDC), 4th (Chamisa) and 5th (Dube ) respondents have breached the Constitution of Zimbabwe (Amendment No,20) Act 2013 relating to right to fair and justice as contained in Section 68 of the Constitution of Zimbabwe.
“The 1st, 3rd and 5th respondents have breached the applicant’s right to fair hearing as contained in the Constitution of Zimbabwe (Amendment No 20 ) Act 2013,” said Dlamini.
The former Mayor further 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 (Chamisa) respondent ordered the Mayor of Masvingo councillor, Collen Makoke and Henry Muchandibaya of Chegutu Municipality to step down in favour of councilors 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 had 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 Valley is against the ethos of equality among the people of different races. This is totally regrettable and uncalled for.
“I have demonstrated that the conduct of 1st to 5th respondents herein are not only irregular but utra vires their 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,” further state Dlamini in his papers.”