The Sunday Mail
Debra Matabvu
Former National Merchant Bank chief executive officer James Mushore last week reported for duty as City of Harare new Town Clerk despite an earlier decision by Government to rescind his appointment citing flouting selection procedures.
According to his contract, Mr Mushore was officially set to assume office last Friday, but Government annulled his appointment arguing that in terms of Section 132(1) of the Urban Councils Act, the candidate for the position of Town Clerk has to be approved by the Local Government Board.
Harare Mayor, Cllr Bernard Manyenyeni confirmed that Mr Mushore had reported for duty as outlined in his contract and the local authority now awaits a response from the Local Government Board which is set to meet this Friday.
“He (Mr Mushore) reported for duty as today (Friday) was his official day to start (work) so he presented himself for duty. I discussed (with him) the Government position (on his appointment) and he left soon afterwards,” he said.
“We also deliberated the issue (of his appointment) at Town House and we are now waiting for the Local Government Board decision when it meets on the 8th of this month.”
Ministry of Local Government, Public Works and National Housing Principal Director (Urban Local Authorities) Erica Jones said a Town Clerk could only assume duty after following proper procedures.
“We received reports that Mr Mushore had reported for work today but we do not have full information on what transpired thereafter,” she said.
“It is important to understand that the rescinding of his appointment is based on the unlawful procedure that was done by the local authority and not based on the person.
“His appointment has to be first approved by the Local Government Board.”
Councillors have said their decision to appoint the Town Clerk was influenced by the constitution which empowers them to appoint one without first recommending the suitable candidates for appointment to the Local Government.
University of Zimbabwe lecturer in the Department of Urban and Rural Planning, Mr Nyasha Mutsindikwa said there is need to create harmony between the two pieces of legislations.
“There is need for alignment of Urban Councils Act with the new constitution since the constitution is the supreme law. This is being done in all sectors and it should be done with the Urban Councils Act,” he said.
“Section 264 (2) (a) mandates the local authority to manage its own affairs without much interference from the central Government which is in contrast with the existing Urban Councils Act Section 132(1) where central Government interferes with local authorities’ decision.”
The post of Town clerk fell vacant last year after Dr Tendai Mahachi was relieved of his duties.
The selection and appointment of Harare’s Town Clerk has been marred with controversy with Mayor Manyenyeni accused of flouting procedures.
Last year, the Mayor placed an advertisement in local press for the post but residents raised concerns over the notice which was supposed to be responded to Mr Manyenyeni’s personalized email address.
Latest reports also reveal that Mr Mushore signed an employment contract before a council resolution confirming his appointment.
Mr Mushore came tops from a list of candidates that included Acting Town Clerk Mrs Josephine Ncube, former city urban planning director Psychology Chiwanga, human capital director Dr Cainos Chingombe, former diplomat Mr Godfrey Pasipanodya, Engineer Jacob Mtisi, Dr Charles Makono and Mr Shangwa Mavesera.
Mr Mushore garnered 142 points followed by Eng Mtisi with 98 points and Mr Godfrey Pasipanodya getting 81 points.
Mr Mushore stepped down from NMBZ where he was group chief executive officer last year.
Although this publication did not get a chance to see Mushore’s contract, the advert placed by the local authority in the local press last year stated that the new Town Clerk’s salary and benefits amount to $10 475 per month.
Last week, Harare and Chitungwiza residents took the Ministry of Local Government, Public Works and National Housing, Cde Saviour Kasukuwere to High Court challenging the revoking of Mr Mushore’s appointment as Harare Town Clerk.
