Citing corruption, abuse of office and maladministration by both council officials and councillors, the Affirmative Action Group (AAG) has filed an urgent High Court chamber application to compel Minister of Local Government, Saviour Kasukuwere and Provincial Administrator for Bulawayo Province, Konzani Dube to exercise their discretionary powers in terms of Section 114 of the Urban Councils Act (Ch 29: 15) and dissolve Bulawayo City Council.”
The Zanu PF aligned pressure group, wants Minister Kasukuwere to dissolve Bulawayo City Council and suspend its councillors pending a public enquiry. This will most likely see the tenure in office of Bulawayo’s 29 councillors, most of who were elected to office on a Movement for Democratic Change (MDC-T) ticket, cut abruptly before the expiration of their terms.
“I speak for myself and truthfully so. I have no skeletons in my cupboard” says Bulawayo Mayor His Worship Martin Kizack Moyo.
Among other things, the AAG states that it is “gravely concerned about the apparent acts of corruption in the City Council which seems to be perpetrated by both Council executives and councillors in favour of individuals within Council.” For example, while tens of thousands have been on the housing waiting list since Zimbabwe’s independence in 1980, Cllr. Gift Banda, who is also the Deputy Mayor, was allegedly awarded one thousand (1000) stands. While Banda could not be reached for comment, the deposition also states that “there have been numerous reports on the awarding of property located in Ascot to the same Cllr. Gift Banda.
“You can’t get land in Bulawayo without greasing Directors or councillors no matter how genuine you qualify. It is impossible,” says AAG’s Principal Officer, Silani Mtshiya.
In a related issue, “Bulawayo City Council tenders worth $8 749 914.52 have had serious irregularities due to massive corruption, nepotism, negligence and collusion by Bulawayo City Council officials,” notes the litigant’s founding affidavit.
“A tender for rehabilitation of filter beds and clarifiers to Tzircalle Brothers had been official awarded to Consolidated Engineers and Merchants (CEM), at a cost of US$4, 5 million. The previous contractor, that is, CEM was paid the money but did no work, for the same tender to be awarded to Tzircalle Brothers at costs of US$2, 5 million. The net effect of this corruption and negligence … is that in the last five years, Bulawayo water has remained brownish and not safe for consumption,” reads the affidavit.
The litigant notes that as a result of the corruption, the right to safe, clean and portable water as provided for in the national constitution is greatly compromised.” Bulawayo resident, Patricia Tshabalala, who takes care of orphaned children in Mpopoma Township, criticised the City Council saying “often times the water is dirty and I suspect at times that it is the cause for discomfort and diarrhea among the kids. We want clean water.”
In addition, the AAG petition states that “there have been gross irregularities, abuse of office and maladministration in the award of over 700 high density stands in Pumula South Phase 3, 391 Emhlangeni Stands, 303 Mahatshula North Stands,” which situation “militates against our members’ constitutional rights to shelter as provided for in Section 28 of the Constitution of Zimbabwe.”
The sworn statement further states that the Acting Head of Roads, a blue-eyed boy of the Director, holds a diploma from the Polytechnic and despite his 20 years of experience is not registered by the Institute of Engineers. This is notwithstanding the fact that he allegedly supervises engineers with Masters Degree qualifications and 10 years experience.
Furthermore, the affidavit states that “another contract to rehabilitate Aiselby Sewage works was awarded to Consolidated Engineers and Merchants (CEM) in 2010 FOR $800 000 and like all other contracts nothing was satisfactorily done or even done (Contract No. C24/2010). This contract is (sic) now been sneaked in to the projects portfolio five years later to re-do the works and is about to be awarded at a price of $300 000 to a company called Spectrum. Nothing has been done to recover the money paid to CEM. It seems all Council engineering contracts even in the roads suffer the same fate.”