DANIEL MATAWU

versus

MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS

AND NATIONAL HOUSING

and

CITY OF GWERU

and

T. MHANGAMI

and

C PARENYI

and

M CHOGA

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 7 MARCH 2018 AND 15 MARCH 2018

Opposed Application

R Chidawanyika with R Ndlovu for the applicant

M Jaravani for the respondents

            MATHONSI J:          The applicant is the town clerk for the City of Gweru who was suspended from office by the third respondent in his capacity as the chairperson of a three member commission appointed by the first respondent to run the affairs of the City of Gweru on 15 January 2016 and had an array of misconduct charges preferred against him.  Disciplinary proceedings were commenced before a disciplinary committee put in place by the commission.  He has brought this application before this court seeking a declaratur inter alia that the appointment of a commission and the extension of its terms of office beyond the period of its three months life span was a nullity and that administrative actions taken by the commission including the applicant’s suspension and the disciplinary proceedings set in motion were also a nullity.

            Under normal circumstances the City of Gweru is run by a full complement of eighteen elected councilors representing wards from where they are elected.  For some reason, the first respondent took the unusual decision to suspend all the councilors on 12 August 2015 triggering