BULAWAYO – A court has nullified the election of Bulawayo’s deputy mayor as a councillor, effectively disqualifying him from holding public office over a past conviction for theft.
Tinashe Kambarami, a controversial figure at City Hall since being elected councillor for Ward 3 in July last year, was barred from running for public office by a law that disqualifies candidates carrying a conviction for “dishonesty”, said Justice Thompson Mabhikwa of the Bulawayo High Court.
The MDC councillor was acquitted last week after Town Clerk Christopher Dube reported him for assault during an incident in which the deputy mayor tried to serve him a notice of suspension. The council later said the notice was unprocedural.
“It is the court’s finding that once the first respondent (Kambarami) was convicted of theft on June 27, 2018, which was before the election day. He was obliged, not only by his conscience and inner conviction, but also by the law, to advise the third respondent (MDC-Alliance) and even fourth respondent (Zimbabwe Electoral Commission) that he was no longer eligible to stand for a public office,” said Justice Mabhikwa in a judgment made available on Thursday.
Kambarami was convicted of stealing an electric cable from a workman who had been hired to carry out some work in his office. He was fined $80 or alternatively sentenced to 18 days’ imprisonment by Bulawayo magistrate, Sharon Rosemani. He paid the fine.
Justice Mabhikwa said Kambarami was not fit to be close to public finances after being found guilty of dishonest conduct. Section 119 (2) (e) of the Electoral Act states that “a person shall be disqualified from being nominated as a candidate for or from election as a councillor if… he or she has been convicted of an offence involving dishonesty.”
The judge also threw out arguments by Kambarami’s lawyers Dickson Moyo and Maqhawe Ndlovu who argued that the case brought by a group called the 1893 Mthwakazi Restoration Movement Trust was essentially an election petition which should be dealt with by the Electoral Court.
“I am convinced that indeed in this case, it is not the outcome of the election results that is being challenged but simply the first respondent’s suitability to hold public office wherein he may especially in the office of deputy mayor, be called upon at some stage or another, to deal with public finances or assets,” Mabhikwa ruled.
“Clearly, this court cannot, as it were, and in the circumstances bury its head in the sand and pretend that nothing happened. It would run the risk of setting a precedent that is very bad at law. The court has to protect the rule of law and doctrine of legality.
“Accordingly, it be and is hereby declared that the election of first respondent as councillor for ward 3 in Bulawayo was in contravention of section 119 (2) (e) of the Electoral Act following his conviction of theft at the Bulawayo magistrate’s court under CRB number 1981/18 on 27 June 2018. It is therefore set aside on account of it being null and void and his unsuitability to hold public office,” ruled the judge.”
Kambarami also lost a costs order on an ordinary scale.
