Suspend councillors facing corruption charges – Senator Coltart

Bulawayo Mayor David Coltart says he shares public concern after four city councillors, including the deputy mayor, were arrested in the past five days.

Deputy mayor Edwin Ndlovu, Ward 28 councillor Ntandoyenkosi Ndlovu, Mxolisi Mahlangu and Ashton Mhlanga, as well as former Ward 22 councillor Rodney Jele, were arrested in recent days on allegations of soliciting a US$52,000 bribe to stop the cancellation of a hotel development lease.

Coltart said that as the cases are now sub judice, it would be inappropriate for him to comment on the allegations or the circumstances of the arrests. He stressed that all persons are presumed innocent until proved guilty by a court of law.

However, he said the general public and residents’ associations have raised justifiable alarm.

Coltart said that alarm has been worsened by the offices held by those facing charges.

“At present the Deputy Mayor, the Chair of the Business Committee, the Chair of the Stands Allocation Committee and one other Councillor are facing serious charges directly related to their office as Councillors,” Coltart said.

“In addition, one other Councillor, the Chair of the Finance Committee, has been convicted of a criminal offence related to his office and is awaiting an appeal against his conviction in the High Court.

“Another Councillor was recently convicted of an offence related to his office and has been removed from office by the Minister of Local Government.

“The spectre of six Councillors either facing criminal charges, or actually convicted of criminal charges, deeply undermines public confidence in the Council.”

He said there are 38 councillors in total, with many working diligently in the public interest, but public concerns still need to be addressed beyond the criminal proceedings.

Coltart said the legal provisions for this are governed by Section 278 of the Constitution and Section 114 of the Urban Councils Act. Under those provisions, councillors can only be removed from office if an independent tribunal finds them guilty of, among other things, gross incompetence, gross misconduct, wilful violation of the law or conviction for an offence involving dishonesty, corruption or abuse of office.

In terms of Section 114(2) of the Urban Councils Act, if the Minister of Local Government has reasonable grounds to suspect a councillor of such misconduct, the Minister may suspend the councillor, order an investigation and, if necessary, refer the matter to an independent tribunal.

In other words, Coltart said, the council itself does not have the power to suspend councillors — that power rests solely with the Minister.

His own view, he said, is that councillors charged with offences involving dishonesty, corruption or abuse of office directly related to their office should automatically be suspended pending either their acquittal or the outcome of an internal investigation and tribunal decision.

“But that is not my decision or power; it is a power which solely vests in the Minister,” he said.

He added that all affected offices should be filled by other councillors in acting capacities during any suspension, pending either the lifting of the suspensions or the ultimate removal of the councillors if convicted.

In a statement, the Bulawayo Progressive Residents Association (BPRA) recommended enforcement of asset declarations, institutional transparency, and oversight and accountability by civil society and political parties.

Coltart said he concurred with all three, but wanted to comment specifically on asset declarations.

He said soon after taking office he tried to implement an asset declaration policy but faced opposition.

Coltart said that on 7 July this year, he asked the Human Resources Director to report on progress and was advised that the process had stalled.

He said the policy needs to be revived and adopted by the council as a matter of urgency and he would do everything in his power to expedite it. The policy, he said, should apply to both councillors and staff.

“My hope is that if the City of Bulawayo demonstrates leadership in this regard, similar policies can be adopted by other councils and indeed central government,” he said.

Coltart assured residents that he shares their concerns.

“My view has always been that there needs to be a zero-tolerance approach to corruption. Unless we deal with the scourge of corruption in Bulawayo, and indeed throughout Zimbabwe, we will not realise the tremendous potential of our City and Nation,” he said.