The Sunday Mail
Levi Mukarati
Residents complained, responsible authorities listened and responded. But the citizens are complaining again and responsible authorities are saying the nonsense must come to a stop for progress’ sake. The rot in the bulk of urban and rural district councils is no secret with service delivery coming under serious attack. In the same vein, there is accusation of “too much power” vested in the responsible minister in whose portfolio urban and rural councils fall.
The argument is that there has been “persecution,”politically or otherwise of certain individuals in local authorities. In 2013, Zimbabweans agreed, after wide consultations, to come up with a new national Constitution.
The supreme document acknowledges the shenanigans in councils and seeks the removal of mayors, chairpersons and councillors accused of incompetence, misconduct, dishonesty, corruption and violation of the law, including local authority by-laws.
But this time, the removal shall only be after a hearing from an independent tribunal, again, provided for in the Constitution of Zimbabwe. It is in this regard that Government crafted the Local Government Laws Amendment Bill to align the Urban Council’s Act and Rural District Councils Act with the Constitution.
The Bill, which was passed by Parliament a fortnight ago and awaits Presidential assent contains two major issues, basis for one’s removal from office and establishment of an independent tribunal.
The proposed law passed the legislative assembly amid a fair share of accusations among members that it was fast tracked without exhaustive debate or contributions while others cited that due legal parliamentary processes had been flouted.
Civic movements and other political parties have previously accused the Minister of Local Government, Public Works and National Housing of unilateral suspension or firing of mayors, chairpersons and councillors on partisan grounds.
But those accused of violating their mandate in council now have a right to be heard.
A three-member independent tribunal shall be constituted to deal with cases of suspension and firing of members from local authorities.
The independent tribunal must be composed of a lawyer registered by the Law Society of Zimbabwe and two others seconded by the Civil Service Commission with experience in local government administration and or must be registered chartered accountants.
All this is meant to fairly ensure residents get value for money whilst Government fights the dishonesty, negligence, misconduct and corruption that has become synonymous with urban and rural councils.
But those who previously sought a review of the system where the minister responsible was viewed as wielding too much power in the sacking of council officials are complaining again.
Presenting a public hearing report in the House of Assembly a fortnight ago, Parliamentary Portfolio Committee on Local Government, Rural and Urban Development chairperson Irene Zindi said some individuals were of the view that the Bill is unconstitutional.
“Some members of the public said that the draft Bill is unconstitutional as it addresses two issues and is silent on the wholesome local government laws that need to be aligned to the Constitution,” she said.
“… Alignment of local government laws should start with setting up of provincial and metropolitan councils. They (the consulted members) were disappointed that the Bill addressed the issue of suspension or removal and ignored the issue of devolution of power as outlined in the Constitution.”
The House heard that some members of the public were still of the sentiment that the Bill confers too much power to the Minister.
But according to the Local Government Laws Amendment, the Minister is now required, after notifying a mayor, chairperson or councillor of his or her suspension, to cause a thorough investigation into the allegations.
Previously, senior council officials have been sent home and had to deal with their suspension in court and history shows an almost zero success in such cases.
Reads part of the Bill: “Not earlier than 14 days after the Minister has suspended a chairperson or councillor … and in any event within 45 days, the Minister shall, if no response (by the aggrieved person) is made (within seven days) to a notice (citing grounds for suspension), … The minister may cause a thorough investigation to be conducted, where necessary, with all reasonable dispatch to determine whether sufficient evidence exists for the removal of the chairperson and councillor.”
The Bill further states that upon completion of the investigation, the tribunal shall within 30 days inform the respondent the nature of allegations levelled against them and seek a response.
It is the duty of the tribunal to determine whether a council official is innocent or guilty and reinstate or remove that person from office through a notification to the affected party, responsible minister and council concerned.
While some views from the public hearing by Parliament hailed the establishment of an independent tribunal, concerns were raised on the Minister’s role in appointing its members.
It was suggested that a Parliamentary Committee should be responsible for the appointment of tribunal members and it must be reflective of political divide and gender composition.
“Another suggestion was that the members of the tribunal be nominated or elected at the local level and be responsive to the needs of the locals,” read part of the report by the Parliamentary Portfolio Committee on Local Government, Rural and Urban Development.
“Residents Associations were of the view that residents should be consulted in the suspension or removal from office of councillor, mayor or chairperson because they are the ones who voted them into power.”
Southern African Parliamentary Support Trust executive director and legislative analyst, Mr John Makamure, says the views from the public shows that they border on “mistrust” over the composition of the tribunal with a general feeling the minister responsible will exert too much influence.
But a look at the provision of the Local Government Bill shows that the tribunal shall consist of “a chairperson appointed by the minister from a list of at least three and not more than nine registered legal practitioners with at least five years experience in private or public practice, who shall be nominated by the Law Society of Zimbabwe.
“Two other members appointed by the Minister from a list of at least three and not more than nine persons nominated by the Civil Service Commission, who shall be persons experienced in local government administration, whether as former councillors or administrators.
“If the case to be determined by the tribunal involves financial impropriety, one of the members of the tribunal must be a person registered under the Public Accountants and Auditors Act, in which event the Civil Service Commission shall submit to the Minister two lists of nominees (of between three and six persons each experienced in local government administration and auditing).”
The selection of the members of the tribunal is not the prerogative of the minister responsible for local authority, but professional bodies like the Law Society of Zimbabwe.
“The amendment by the Minister, especially to involve the Law Society of Zimbabwe, is a reflection he took into account the views from the public,” said Mr Makamure.
“But what I feel is that some people are of the view that not all contributions from the public were adequately captured.
“This was a platform for the minister to do a wholesome amendment in providing for issues such as provincial councils and devolution. The actual setting up of the council is something else that is different from putting in place the legislative framework.
One is tempted to ask why piece-meal amendments?”
Addressing legislators in the Lower House before its adjournment two weeks ago, Minister of Local Government, Public Works and National Housing, Saviour Kasukuwere, said the alignment of the Urban Councils Act and Rural District Councils Act was in response to the dictates of the Constitution of Zimbabwe.
“Pending the finalisation of the new Local Government Act which is currently with the Attorney General’s office, there is need to align the Urban Councils Act [Chapter 29:15] and the Rural District Councils Act [Chapter 29:13] – (hereinafter referred to as Acts) to the provisions of the new Constitution,” he said.
“This matter is urgent in light of the increasing number of cases of corruption, mismanagement, insubordination and other ills that are being exposed in various local authorities, particularly urban.
“We are also complying with the Justice Bere judgement whereby he directed that a tribunal be established.” Since 2012, Government has suspended councillors in Harare, Chitungwiza, Victoria Falls and Gweru as well as mayors from Harare, Gweru and Mutare for various offences that border on the abuse of office and corruption.
But most of the cases have not been finalised owing to the absence of an independent tribunal as provided in the Constitution of Zimbabwe in response to what the citizens want.
