Source: Combined Harare Residents Association (CHRA)
The Local Government Amendment Act came under scrutiny yesterday at a Local Government policy dialogue forum held at the Jameson hotel by the Combined Harare Residents Association (CHRA). The act whose constitutionality many have questioned was assented to law by the President Robert Mugabe.
Speaking to the legal aspects of the amendment act at the dialogue forum, Hon Tendai Biti called the document an “absurdity” which gave too much power to the responsible minister.
“Kasukuwere is acting as the Police, Prosecutor and Judge, all rolled into one. How can that be constitutional?” said Biti.
Biti told the meeting that the Act went against the general principles of develoved governance (provincial and local government) as stated in Section 265 as well as provided for in Rights of administrative justice in Section 68 of the constitution.
“The Act allows the minister to suspend a councilor before hearing, which takes away the right to Administrative justice given in section 68 of the constitution. No punitive action can be taken against anyone without the right to be heard being respected”, Biti added.
Hon Irene Zindi, Chairperson of the Local Government Portfolio Committee, welcomed the act saying that it would go a long way in dealing with corruption in local government. She sighted the rampant illegal land distribution and land barons as some of the issues that prompted the Minister of Local Government Saviour Kasukuwere to put together the legislation. She however, invited civil society to take up the opportunities available to further amend the Act through parliament and the oncoming comprehensive local government laws reform.
The Mayor of Harare, Councilor Bernard Manyenyeni said that the Act only served to deal with partisan positions, adding that interference from the government had set the city back by a third of its 5yr mandate. He added that the issue of the Town Clerk has been going around in circles for over 18 months as discussions started with the then Minister of Local Government, Ignatius Chombo in 2015 He added that the position of Town Clerk is a highly influential position which the ruling party ZANU PF feels they have to control.
“ZANU PF is not in support of the success of the City of Harare because they feel it is a victory for my party, MDC. There should be no party lines brought into the running of the city”, Manyenyeni added.
The forum resolved that:
- Residents Associations and other partners should petition the government on areas of concern within the Act.
- Continue to bring alternate bills to parliament for consideration.
- Lobby for the harmonization of the Urban Councils Act and the Rural District Councils Act.
- Consider a constitutional challenge on the Act.
Source: Combined Harare Residents Association (CHRA)