Victoria Falls and Hwange residents have warned Local Government minister Daniel Garwe of a bruising legal tussle, after he moved to reverse the suspension of the resort city’s town clerk Ronnie Dube.
The Victoria Falls boss faced a litany of graft allegations when he was asked to briefly take leave on December 2, including more serious abuse of office charges.
Victoria Falls mayor Thuso Moyo’s letter suspending Dube was ratified by a full council meeting on December 3, according to documents obtained by the Zimbabwe Independent.
However, on December 6, Garwe veered into the fallout, arguing that the Victoria Falls council’s resolution was “not in the interest of the inhabitants of the council area concerned”.
He argued the resolution was “not in line with Section 139 (4) of the Urban Councils Act (Chapter 20:15)”, before he instructed the mayor to reinstate Dube.
After the head-butting escalated to top figures in council and government the Hwange and Victoria falls residents’ assocations challenged the minister to uphold Dube’s suspension.
The residents are being represented by Dube, Mguni and Dube legal practitioners, who fired back at Garwe, saying it was him who was not acting in residents’ interest.
“Our clients’ considered view is that the honourable minister will be best informed about the interests of the inhabitants of Victoria Falls if he visits and consults the taxpayers of council,” excerpts from their letter read.
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“Meanwhile, our clients, a representative body of the inhabitants of the council area, are in support of the town clerk’s suspension and are monitoring the inquiry into the town clerk’s allegations. Accordingly, we have been instructed to demand that the honourable minister, immediately withdraws his letter dated 6th December 2024 to the mayor of Victoria Falls.”
They warned that failure by Garwe to withdraw his directive would leave them with no choice but to approach the High Court.
Residents argued the action taken against Vic Falls’ mayor was legal.
“Our clients are concerned that the contents of the honourable minister’s letter purport to represent the interest of the inhabitants of the City of Victoria Falls, whom he has not consulted. The honourable minister is advised that the suspension of the town clerk complies with 139 (4) of the Urban Councils Act (Chapter 20:15) regarding the inquiry into the allegations of the suspended town clerk.”
They hit out at Garwe for compromising the government's efforts to curtail corruption.
“There is, with respect, no legal basis for councillors to rescind a lawful resolution meant to combat corruption in local authorities. The honourable minister's directive has adverse effects on fighting corruption,” part of the letter reads.
“The directive is meant to lift the town clerk's suspension without him answering to the allegations against him. It is not government policy that those accused of corruption can be let off the hook without being investigated or brought to book.
“The President of the Republic of Zimbabwe, Dr ED Mnangagwa is on record saying corruption is working against the attainment of national development goals and is inimical to public interests.”
Following Garwe’s directive to the mayor, the town clerk was reinstated on January 6 after councillors had also reversed the decision to suspend him.
Dube, Mguni and Dube partner Solomon Mguni confirmed to the Independent that the law firm had written to Garwe.
“We did write to the minister having been instructed to do so by our clients. We were asked by our clients to request for a consultative meeting between the minister and the residents. The minister did not respond to our letter,” Mguni told the Independent this week.”
“However, we have it on good authority that the minister met with a section of residents in Victoria Falls following his meeting with the mayor and committee chairpersons in Harare where he persuaded the councillors to reverse the suspension of the town clerk.
“As it is, the suspension of the town clerk has since been reversed and he is back at work. Of course, my clients feel shortchanged by their council, but it is what it is.”
Garwe yesterday told the Independent that he had not paid attention to the letter written by the residents, whom he dismissed as “burial societies”.
He said: “The constitution of this country does not recognise the existence of those burial societies or residents associations. So, we did not even pay attention to the letter that was coming from those burial societies. Those are just loose associations of like-minded people.
“They do not represent the interests of all the residents. So, we did not pay attention to them because we were not bound by any statutes to listen to them. So, we did not listen to their lawyers and to them as well.”
Quizzed on whether he had consulted the residents before reinstating the then under-fire town clerk, Garwe said they were not “relevant in this instance.”
“I am not going to engage them because they are not relevant in this instance. I did not attempt, I am not going to attempt,” he said. “I am the minister of Local Government and Public Works, responsible for superintending over local authorities, of which Victoria Falls local authority is one of them. I do not superintend burial societies.”
Questions posed to the Victoria Falls mayor had not been addressed at the time of going to print.
When contacted by the Independent on Wednesday, Moyo said: “I am in a meeting”.
A report prepared by the Zimbabwe Anti-Corruption Commission on November 4, 2024 on the affairs of Victoria Falls City Council noted Dube was facing a range of charges, including fraud and violation of tender procedures.
Excerpts from the dossier claimed the mayor and town clerk procedurally allocated themselves residential stands.
“Allegations are that the town clerk Mr Ronnie Dube in connivance with the mayor Mr Thuso Moyo, altered the submitted list and corruptly issued out 15 stands for himself as the town clerk and 12 stands were given to Mayor Thuso Moyo.
“They did this under the guise that senior management has discretion to do so and forged the list as ‘replacement and other buffer zones’.”
As first reported by the Independent on June 14, 2024, Dube, whose term of office was set to end in February this year wrote to the mayor seeking for a term extension.
Moyo allegedly granted Dube’s request for extension without approval from the council or government in May last year, triggering a backlash from councillors.
Dube was appointed town clerk in 2017.
