Thursday, December 18, 2008

Teta should be embarrassed, says Kabimba

Teta should be embarrassed, says Kabimba
Written by Lambwe Kachali
Thursday, December 18, 2008 9:35:01 AM

PATRIOTIC Front (PF) chairman for local government Wynter Kabimba yesterday said local government minister Benny Tetamashimba should be embarrassed and hang his head in shame for orchestrating illegal postponement of mayoral elections. And PF president Michael Sata said Tetamashimba’s threats to dissolve Chinsali district council were baseless.

Meanwhile, United Party for National Development (UPND) chairman for Legal and Constitutional Affairs Jack Mwiimbu stated that the postponement of mayoral elections by Tetamashimba is misconceived at law.

In a letter dated December 16, 2008 addressed to Tetamashimba and copied to Lusaka Town Clerk Timothy Hakuyu and all councillors in Lusaka, Kabimba urged Tetamashimba to withdraw the postponement immediately to allow councils to function smoothly.

“It is believed by the general public that your appointment as Minister of Local Government came against the background that you had served in that ministry as deputy minister and hence understood even to a marginal extent the administration of the local government system. Although as minister you have authority to direct a local authority or local authorities to do or perform a function, such directive(s) must be supported by law. Section 16 (2) of the local government Act, Cap 281 of the laws of Zambia provides that the mayor, deputy, chairman or vice-chairman of a council shall be elected at the first ordinary meeting of council held after 1st September in that year,” Kabimba stated.

Kabimba stated that as a result of the postponement, all mayors and council chairmen were performing ceremonial functions illegally.

And reacting to Tetamashimba’s directives to nullify all the decisions reached by Chinsali council at a special meeting and his subsequent threats to dissolve it once they failed to comply, Sata said convening of council meetings (including special meeting) was stipulated by the provisions of the local government Act, Cap 288 of the Laws of Zambia, including the council standing orders.

“There is nowhere in these provisions where the council requires the approval of your office to do so. Your office does not have any powers to nullify a resolution of the council which has been arrived at legally using the provisions of the Act, as was in the case in question,” said Sata.

And Mwiimbu, in a press release, stated that the minister had no powers to postpone or nullify any elections.

Labels: , , , ,

0 Comments:

Post a Comment

Subscribe to Post Comments [Atom]

<< Home