·Mukonyora got interim relief at High Court
. Supreme Court yet to sit
SUSPENDED Chitungwiza municipality Acting Chamber secretary, Mary Rashamira Mukonyora’s urgent Supreme Court application for reinstatement to her former position following a resolution to suspend her by Chitungwiza is yet to be set down.
Mukonyora lost the case for her reinstatement at the High Court on December 11 after a full council resolution made the decision to suspend her as Acting Chamber Secretary.
The applicant is facing allegations of abuse of office.
Mukonyora’s prayer at the Supreme Court is that she be reinstated to her position of Acting Chamber Secretary with immediate effect.
On the grounds of appeal, Mukonyora argued that High Court judge Justice Owen Tagu improperly exercised his discretion and erred at law in finding that she was not the holder of a law degree in circumstances where a law degree was not a legal requirement for the position of Chamber Secretary.
The post was created by the Urban Councils Act (Chapter 29:15).
Mukonyora also said there would be irreparable harm on her part as the actions of council and town clerk David Duma, the first and second respondents respectively, of removing the appellant from the position were not permissible as read in Urban Council’s Act.
“Justice Tagu improperly exercised his discretion by taking into account what he termed a directive issued by the (Local Government) minister when such directive could not override provisions of the Act,” she said.
The municipality was at the High Court awarded costs on legal-practitioner and client scale.
The High Court nullified the letter removing Mukonyora from post, while also deeming the appointment of Raymond Wenyeve to the post of Acting Chamber Secretary null and void.
According to an audit report, Mukonyora falsified reports as she promoted herself to a departmental and not sectional head.
The report revealed that Mukonyora submitted a document headlined: Departmental Head Conditions of Service, in which she mentioned benefits accruable to her position which, however, was falsified.