REFLECTION ON THE DEVELOPMENTS AT KAFUE TOWN COUNCIL: CAN THE COUNCIL SUSPEND A MAYOR, COUNCILOR OR CHAIRPERSON?
First is a commendation to the government and ruling party for a quick intervention on the volatile and eruptive situation that was brewing at the Kafue Town Council.
The allegations levelled against the two councilors and some staff are grave and a dent on the no sacred cows anti-corruption crusade by the new government.
This suspension of the concerned persons must pave way for the investigative wings to get to the bottom of the allegations and inform the nation of their findings.
The immediate “suspension” of the Mayor and one of the Councilors among others who are allegedly the cause of the eruptive situation at the Kafue Town Council is a timeous intervention from the government and the ruling party.
The only uncertainty on this “suspension” is who has suspended the Mayor and the Councilor?
Is it the party which sponsored them both during the 2021 General Election indicated or it is the Council?
Now, that the full council meeting is scheduled for tomorrow, it goes without saying that the suspension has been effected by the party i.e. suspension from the Party activities and all the association to the party.
The nation is yet to be informed and hear the decision of the full Council meeting tomorrow on the duo’s fate of their membership in the Council.
Legally, both the party and the Council have the force of law to give matching orders to an erring councilor, chairperson or mayor through meting a suspension or reprimand except that the Council powers end at suspension while the party can even expel an erring councilor.
In this case, the Council has power to charge and recommend to the tribunal, constituted by the Chief Justice, to hear and determine the charges leveled against an erring councilor/mayor by the full Council.
It is only the tribunal decision that can trigger a vacation of the seat by an elected councilor/mayor or chairperson,outside the party expulsion, which decision may cause a by-election.
Constitutionally, Art 157 guides that only death, mental incapacity, disqualification, nullification, violation of prescribed code of ethics and relocation in residence by an elected councilor, mayor or chairperson can trigger a vacation of a seat and consequently cause a by-election.
Another cause of suspension is when, under section 56 of local government Act, the Minister suspends the councilors for failure to discharge civic duties.
In this regard, what is expected of the Kafue Town Council full council meeting tomorrow is either a charge on the duo for violating Art 157(e) using the first schedule in the local government Act which spells out sanctions for an erring councilor, mayor or chairperson; or a discharge altogether which may not sit well with the protesters.
A vote of no confidence by the Council against a mayor, chairperson or councilor is not provided for in the law i stand corrected.
I submit
Mcdonald Chipenzi