PUBLIC hearings on the Local Government Laws Amendment Bill begin today as the Parliamentary Portfolio Committee on Local Government visits different parts of the country to gather people’s views on the Bill.
BY VENERANDA LANGA
Civic society organisations (CSOs) such as Centre for Community Development in Zimbabwe, Combined Harare Residents’ Association and Chitungwiza Residents’ Trust have already called on MPs to reject the proposed Bill, arguing it was utra vires the Constitution.
The Bill seeks to amend the Urban Councils Act and Rural District Councils Act.
The civil society groups argued that the Bill proposed by Local Government minister Saviour Kasukuwere seeks to entrench executive control over local governance issues, as well as to retain ‘imperial powers’ vested in the minister.
The Bill also seeks to set up an independent tribunal to hear the cases of suspensions of mayors.
“The Bill violates constitutional provisions relating to the devolution of local governance, the right to a fair trial and the right to administrative justice,” the three CSOs said in a combined statement.
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“Furthermore the tribunal to be established is not independent as section 278 (2) of the Constitution requires. The manner in which the tribunal is to be composed and function makes it clear that the purpose of the Bill is to create a tribunal which will merely be an instrument by which the Local Government minister continues to ensure the removal of mayors, chairpersons and councillors.”
According to the law, the minister will appoint the chairperson of the independent tribunal, which, those opposed to it say will compromise the tribunal’s independence and neutrality.
“The minister has a determining influence over the composition of the tribunal which will adjudicate a matter which he is essentially the complainant. CSOs are also concerned with the negative implications of the delay in devolving government powers and responsibilities. Social service delivery across the country is hampered with the absence of these institutions.”
Harare West MP Jessie Majome (MDC-T) said Kasukuwere intended to use the Bill to justify his plans to expel suspended Harare mayor Bernard Manyenyeni and Gweru mayor Hamutendi Kombayi.
In 2014, the Local Government ministry produced draft Bills on Local Authorities Bill and Provincial and Metropolitan Councils Bill to give effect to devolution, but the process was stalled under suspicious circumstances as the ruling Zanu PF party is not keen to implement devolution of power.
