SUSPENDED RUSAPE TOWN SECRETARY ENGAGE LAWYER TO FIGHT FOR REINSTATEMENT

 

This is another episode of the events that unfolds since the day the Rusape Town Secretary, Solomon Gabaza, was sent on forced leave by council Chairperson Cllr Sithole. Word has spread the whole of Rusape town from Monday the 8^th of June that the Town Secretary wrote to the Permanent Secretary of the Ministry of Local Government and National Housing ordering him to quash or set aside the ongoing investigations of the Town Secretary. It is now on record the Town Secretary is taking the Chairperson’s 11^th May action as gesture of animosity, acrimony and bad faith. Through a copy of a letter by his lawyer, Messrs Sengwe of Sengwe Law Chambers, Gabaza is declaring the composition of the investigative committee a legal nullity. This is despite the fact that he is on forced leave with all his benefits hence no prejudice.

It is within public knowledge that the Rusape Town Secretary was temporarily suspended pending legal procedures and protocols. So far he has not served the suspension much, but wants to force himself back to work after writing a letter to the Local Government Ministry Permanent Secretary. In his letter, which is in possession of this publication, he is complaining that the steps that were taken by the Council and its Chairman are both ultra vires and not procedural. The basis for his actions (the Chairman’s) are said to be based on animosity, rather than reason.

A cursory look on the letter written by Gabaza’s lawyer, Messrs Sengwe, indicated there seems to be some blatant disparities in it because it bears a stamp of the 5th of June as the date it was served to the Permanent Secretary, yet the letter was done on the 8th of the same calendar month, where he blindly pleads that the Committee's efforts be put to an instant halt since he alleges that it is highly tilted in favour of the Councilors, since it is composed of two Councilors and the council lawyer. In all this, no slight regard was taken to make a fair reference to the easy to comprehend Urban Councils Act, which sets out all the modalities, duties and roles of the councilors, who, by default, happen to be the Secretary’s superiors, are supposed to be in the Committee, except for the Chairman only. The Residents are not even aware, which piece of legislation Mr Gabaza is referring to, which makes him conclude that the councilors should never ever be part and parcel of the Committee. The residents are forced to keep guessing maybe he does not want to see work being properly done, or he is just trying to be mischievous to the tune of wanting the council to lose fortunes. His pyromaniac behaviour must be nipped right on the bud; since it is his wish to see people fail, just like what happened to the DDC Masawi's Commission from Marondera which all residents claim that it was captured by Gabaza. Now it proved Gabaza failed to penetrate into the investigative committee so that he may influence their report.

 There is best and befitting way to express the level of shame that has been exhibited by Mr Sengwe, a learned attorney, to accept the role that he was given by his client to represent him, without having done enough investigations of the circumstances of the matter, without looking at the merits of the case in hand with regard to frivolity. No effort of the perusal of the Urban Councils Act was even made. It now goes without saying it that, what Gabaza is fighting, is exactly what he is doing. He has shown it beyond any reasonable stretch of doubt he is really pompous and fears repercussions, of what he did before. He visited the offices of politicians and instilled fear in the investigators, now he is trying to use the office of the Permanent Secretary to disband the committee that he is saying, is causing him problems, though without clear evidence of the same.

The residents are in jovial mood and they do believe and understand that the position that was taken by the Chairman not to meet with Gabaza (and communicate with him through the phone) was the rightful thing to do as he is known for his cunning behaviour and no one wants to be found associated with him. He is well-known for using juju and misfortunes to anyone who tried to stop along his way. Gabaza would lose nothing over that move, since it is a move that would help him keep away from trouble and any forms of suspicion. His actions corroborate the fact that he is indeed pompous and stubborn. On a daily basis, his 'guy', Godfrey Mufuranhewe aka Dr Joytec feeds people with falsehoods and threatens council workers so that they become hesitant to tell the truth whenever it is needed. At one point in question Joytec circulated a Whatsapp message which claimed Gabaza was reinstated immediately through JOC. The message was all over and some of the officials developed cold feet to testify before committee. It was a well calculated move to frighten workers and witnesses. That alone shows that Gabaza is not at all on suspension, he is carrying out all his duties from him.  Mufuranhewe would rightfully inform people of Gabaza’s movements to seek sympathy from higher offices. Mufuranhewe at one point circulated messages that Gabaza won’t appear before disciplinary committee because the permanent secretary will order his reinstatement soon because the councilors don’t have a case against Gabaza. He (Joytec) is one of the beneficiaries of Gabaza as there was unprocedural allocation of a residential stand which was not surveyed and he was not even on the housing waiting list.

At law, Gabaza’s letter is useless; he is contemptuous of a lawful order that was levelled on him. He must never be given a kind of audience until he 'purges' his contempt, and it will be up to him to appeal the verdict. He has nothing to lose if he lawfully complies, he seems to have moles almost everywhere, who are feeding him  with information, because there is no way he would know that the committee is not doing its job, as he stated in his letter, when he is practically not on the ground.

This publication is reliably informed that the councilors are not getting any money since there was a last special full council meeting where it was agreed that no money will be given out to the councilors and a resolution to that effect is there, only to show that they are interested in nothing more but the execution of their mandates. The residents now wonder where the unsubstantiated claims of looting are coming from when the councilors are using their own resources while accomplishing their mandate.

There is greater benefit that is derived from doing the right things right away, such that at times when you err, correct measures will be taken. A lot of people lose chances as a result of not following lawful procedures and protocol. The residents are eagerly waiting for the report to be in public domain for them to see if the secretary’s allegations were merely driven by animosity or acrimony. Only time will tell.