By Own Correspondent| The Harare Residents Trust (HRT) has described the appointment of commissions to run local authorities as unjustified and ill- timed arguing that the development places uneccessary financial burdens on already struggling taxpayers.
Said the HRT in a statement:
“The HRT believes that the appointment of commissions to run Local Authorities in Zimbabwe is both unjustified, ill-timed and a costly expenditure for Local Authorities who will eventually pay the appointed commissioners.
Towards the end of July 2018, July Moyo, the Minister of Local Government, Public Works and National Housing announced the appointment of commissions to run urban and rural local authorities. This is despite the fact that the electorate voted into office their preferred councillors to run their affairs. In electoral democracies the citizens’ choices must be respected and valued by those in authority.
The HRT values the principle of the rule of law and is totally opposed to violations of the Constitution and all its subsidiary laws in Zimbabwe. The Electoral Act (Chapter 2:13) states that the appointment of Commissions to run our local authorities is not the right approach to address service delivery challenges.
Our democracy entails that the Elected Councillors are deemed elected once they are pronounced so in terms of the Electoral Act (Chapter 2:13) and in terms of the Urban Councils Act (Chapter 29.15). Section 130 (a) and (b) states that once the results have been confirmed at Ward centre, the results are deemed to be correct and true.
Therefore the Minister of Local Government, Public Works and National Housing should not abuse his powers by appointing Commissions to run the public affairs of Local Authorities as if there are no elected Councillors to run the affairs of their respective local authorities.
The nation is reminded of similar abuse of authority by the commission appointed to run the Harare City Council ahead of the 31 July 2013 elections, then under former Minister Dr Ignatius Chombo. Six senior council officials were speedily recruited to be part of the council workforce, despite the councillors having resolved not to recruit more senior personnel. By the time they newly elected councillors assumed their offices in August 2013 the commission had made several bad decision on housing and land allocations.
These Commissions act in the same manner as Full Councils, as if they are elected Councillors. The Minister has relied on Section 80, 1(a) and (b) which empowers him to appoint caretaker councils to run the affairs of urban local authorities in the absence of elected councillors.
However, Zimbabweans elected their President, Members of Parliament and Councillors on 30 July 2018. The Minister’s actions are also in violation of Section 277 (3) of the Constitution of Zimbabwe Amendment Act (Number 20) of 2013 which states that, “except otherwise provided in subsection (2) or an Act of Parliament, mayors, chairpersons and councillors of local authorities assume office on the ninth day after the announcements of the results of the general election in which the councillors were elected.”
The Commissions are paid by the Ratepayers without necessarily serving the residents’ interests. According to Circular Number 23 of the Ministry dated 21 September 2017, the remuneration of caretaker councils is set. The Chairperson of the caretaker council entitled to the same monthly allowance due to the Mayor or Chairperson of the respective local authority while an ordinary member of the Caretaker Council is paid an allowance equivalent to the allowance that is due to an ordinary Councillor of that respective local authority.
Just like the Ministers, the Elected Councillors cease to be Ward Councillors when their successor Councillors have taken their oaths of office. The last Council was inaugurated on 16 September 2013. At their first meeting following their election, the Councillors are sworn in and they elect their Mayor and Deputy Mayor which will be the only agenda items for their congregation. This means that the Councillors elected in 2013 – 2018 are still the legitimate Councillors until the ones elected on 30 July 2018 are sworn into office.
There must never be a gap that allows the Minister to bring in other people to act as the Council. This appointment of commissions has all the ingredients of breeding unrivalled corruption in local authorities. In this short period that they will be acting as Council, they usually connive with corrupt council managers and make decisions with unimaginable negative consequence for the ratepayers.
The Minister should not undermine the People who participated in the Harmonised Elections by subverting their will through appointing unelected people, whose selection criteria is unknown, but whose political affinity is suspected to be from the ruling party. The tenure of commissions appointed by the Minister are specified in terms of Section 80 (3) of the Urban Councils Act (Chapter 29.15) which states that (3) “A caretaker appointed in terms of subsection (1) shall hold office during the pleasure of the Minister, but his or her office shall terminate—(a) as soon as there are any councillors for the council area who are able to exercise all their functions as councillors; or (b) ninety days after the date of his or her appointment; whichever occurs sooner: Provided that if the period of ninety days expires within three months before the date of the next succeeding general election, the caretaker shall continue to hold office until such general election.”
The HRT urges the Minister of Local Government, Public Works, and National Housing to allow local authorities to fully exercise their mandate without interference. President Emmerson Mnangagwa was very clear during his campaign period that devolution is the way to go.
The timing of the appointment of the commissions on local authorities is wrong, unjustified and manifestly unconstitutional. Therefore the HRT urges the incoming President to stamp his authority and fulfil his election promise to give the people the autonomy to run their public local affairs as espoused in Chapter 14 of the 2013 Zimbabwe Constitution.
Governmental powers have to be devolved to the local people so that there is increased transparency and accountability in the decision making, governance and management of public affairs by local authorities. Elected Councillors have to be fully in control of their local authorities, and the Government must only give national policy direction.”