By Correspondent
Harare Town Clerk Hosiah Chisango was recently chucked out of a Full Council meeting by Mayor Mafume last week.
The reason is a standing stipulation by Government that officials with pending court cases cannot return to week until the case is completed.
However, some have questioned whether the Mayor has power to fire or suspend the Town Clerk.
Below we reproduce what the Urban Councils Act says about firing a Town Clerk.
Urban Councils’ Act (Chapter 29.15) 139 Conditions of service of town clerk
(1) Subject to subsection (2) and to the conditions of service of a town clerk, a council may at any time discharge a town clerk
— (a) upon notice of not less than three months; or
(b) summarily on the ground of misconduct, dishonesty, negligence or any other ground that would in law justify discharge without notice.
(2) A council shall not discharge a town clerk unless the discharge has been approved by the Local Government Board.
(3) If it appears to the mayor or chairman, as the case may be, that the town clerk of the council has been guilty of such conduct that it is desirable that the town clerk should not be permitted to carry on his work, he
— (a) may suspend the town clerk from office and require him forthwith to leave his place of work; and
(b) shall forthwith notify the council in writing, of such suspension and cause the suspension to be reported to the council at the first opportunity.
Section 26
[Paragraph amended by section 26 of Act 1 of 2008.]
(4) Where a council has received a report of a suspension in terms of subsection
(3), the council shall without delay— (a) conduct an inquiry or cause an inquiry to be conducted into the circumstances of the suspension; and
(b) after considering the results of the inquiry, decide whether or not—
(i) (ii) to lift the suspension; or to do any one or more of the following—
A. reprimand the town clerk;
B. reduce the salary or any allowance payable to the town clerk;
C. impose a fine not exceeding three thousand dollars or three months’ salary, which fine may be recovered by deductions from the salary of the town clerk;
D. subject to subsection
(2), discharge the town clerk; and shall inform the town clerk accordingly.
(5) Where a town clerk has been suspended in terms of subsection
(3)— (a) his suspension, unless earlier lifted, shall terminate when the council has decided not to discharge him or after six months has elapsed, whichever occurs the sooner;
(b) during the period of his suspension he shall not be entitled to his salary or wages in respect of that period.
However, he may be paid such allowance, not exceeding the amount of his salary or wages, as the council may fix;
(c) if he is not subsequently discharged, he shall be entitled to the full amount of his salary or wages and any allowances that would otherwise have been paid to him in respect of the period of his suspension, less any allowance paid to him in terms of paragraph (b).
