Local Government has been an important field that has called for attention in various countries at large, with the powers of Local Government Ministers being heavily centralized. This paper has used Zimbabwe as a case study under the provision of Urban Council Act (Chapter 29:15) and the Rural District Councils Act (Chapter 29:13).
An Atoll Futures Research Institute? Presentation for CANCC
Ministerial descretion on local authorities
1. Analyze the view that’ the urban council act chapter 29:15 and the rural district council act
29:13 heavily centralize local government in Zimbabwe through unfettered ministerial
discretion in local affairs.
Name of the Author: Victor Kubvoruno
Subject: Local governance and legislation
Graduated from: Midlands State University
2. Analyze the view that’ the urban council act chapter 29:15 and the rural district council act
29:13 heavily centralize local government in Zimbabwe through unfettered ministerial
discretion in local affairs.
INTRODUCTION
The management of local authorities and local government has heavily centralized on the
provisions of the major 2 acts which are the urban councils act (UCA, 29:15) and the rural district
council act (RDC, 29:13). The acts has highly consolidated powers to the minister whose impact
is extremely felt within the jurisdiction of local government (Masarira, 2016). It must be noted that
the ministry’s powers are highly irresistible despite the written document of democracy in local
authorities, but the grounds of governance issues still gives much credit and attention to the
influence of these acts which on practice has left the minister with pleasure to make decisions in
the governance of local areas. Issues to do with suspensions, approval of by-laws and budgets, just
to mention a few will be discussed in relation to the powers of the minister as conveyed by the
urban councils act chapter 29:15 and the rural district council act chapter 29:13
BY-LAWS
Under the provision of the Rural District Council act section 80, the council has been given the
mandate and the obligation to formulate and make by-laws, but on contrary the minister has the
power to approve or disapprove by-laws as given the local municipal or council as stated in section
90 of the rural district council act 29:13. Mugombedze 2016 advocates that the minister
responsible for local government has absolute power to make changes in any contrary way that
conflicts to the provision of the provided act in local government. The minister’s responsibility
under the mentioned statutory is to ensure that the formulated by-laws does not affect the localities
of the area. It is noted that under the provisions of section 80 of the RDC, Murewa rural district
council formulated vendor by-laws which minimized the number of local vendors but under
section 90 of the RDC act the Minister rejected the move by the rural council (newsday, 27 July
2016). In a nutshell the local government legislation has centralized local government through
unencumbered ministerial powers in local affairs as the by-law becomes law after it has only been
approved by the Minister and has been published as a statutory instrument (Murodza, 2015).
3. Analyze the view that’ the urban council act chapter 29:15 and the rural district council act
29:13 heavily centralize local government in Zimbabwe through unfettered ministerial
discretion in local affairs.
COUNCIL RESOLUTIONS
Section 314 of the urban councils act chapter 29:15 stipulates that “Minister may reverse, suspend,
rescind resolutions, decisions, etc. of councils” This action suffice to give the minister full power
and access to council resolutions. Based on analysis facts and evidence it must be noted that the
minister responsible for local government reversed Ruwa town council resolution. Kubvoruno
(2016) quoted the following application of Ruwa and MWI Zimbabwe (pvt) Ltd
In MWI Zimbabwe (Pvt) Ltd v Ruwa Town Council & Anor HH-237-11 the first
respondent town council had invited tenders for the supply of water to the town. The
council’s technical committee had recommended that the tender be awarded to the
second respondent, which was the lowest bidder, but the council resolved to award the
tender to the applicant………..”
Due to this reason the minister of local government public works and national housing Cde July
Moyo reversed the resolution made by the council. Under the provision of the UCA 29:15 the
minister may have an access to the council resolution to access whether councils are operating
under the agreed periphery of the UCA. Whether good or wrong intentions the above assertion
reveals that the Urban Councils Act and the Rural District Council Act highly centralize local
government in Zimbabwe through unfettered ministerial discretion in local affairs as note above.
SUSPENSIONS AND DISMISSALS
Both the UCA and the RDC provides for the suspension of council employees both elected and
appointed (Mayors, councilors and other officials). Moyo, (2016) advocates that the suspension of
mayors and other elected members in councils is an act of culture eating system” this reveals that
the suspensions of councilors and mayors as provided in UCA section 114 is a mere concept that
has been normalized in most local authorities where minister can suspend or dismiss mayors and
councilors. Murodza (ibid), further argues that when council officials engage in any act of
misconduct or abuse of office, the minister has the right to suspend or dismiss them under a given
evidence. This therefore highlights that the inscription of the local government legislations has
highly given the minister the power and authority to make decisions at local level.
4. Analyze the view that’ the urban council act chapter 29:15 and the rural district council act
29:13 heavily centralize local government in Zimbabwe through unfettered ministerial
discretion in local affairs.
GIVING DIRECTIONS ON POLICIES AND DIRECTIVES
The popular scratching of rates as ordered by the ex-minister of local government Ignatius Chombo
left a puzzle on section 313 of the UCA and section 91 (3b) of the RDCA, which stipulated that
the Minister may givea council such directive of a general character as to thepolicy it is to observe
in the exercise of its functions…..” under the provisions of this act, the ministry of local
government, public works and national housing was given a mandate by the central government
to spear head the ‘Zimbabwe is open for business policy” which gave birth to the commencement
of the rapid result initiative, where local authorities are mandate to produce results in a short space
of time with small resources. It is therefore of paramount importance to argue that the rural district
council act and the urban council act heavily centralize local government in Zimbabwe through
unfettered ministerial discretion in local affairs as evidenced by the minister’s mandate in giving
directions on policies and directives..
APPOINTMENT OF THE LOCAL GOVERNMENT BOARD
Section 116 of the urban councils act chapter 29:15 provides for the appointment of the local
government board by the minister. Chimedza, (2018) stipulates that the local board consist of
seven elected members by the minister. The minister has the power to choose whosever meets
his/her selection criteria. Despite the fact that the intentions of the legislation is merely on saving
the interest of the nation at large, it must be noted that the provisions of the act has subjected
powers and responsibilities to the minister responsible for local government. The authority given
to the minister to appoint the local government board is an inevitable push factor that makes one
conclude that urban council act chapter 29:15 and the rural district council act 29:13 heavily
centralize local government in Zimbabwe through unfettered ministerial discretion in local affairs.
APPROVAL OF BUDGETS
A centralized focus has been given and shown by the approval of budgets in all local authorities
as provided by the urban councils act and the rural district council’s act. According to Madyira,
(2016) budgets at local level have be solidarized through the powers of the minister of local
government, public works and national housing. The operations of local government has been
5. Analyze the view that’ the urban council act chapter 29:15 and the rural district council act
29:13 heavily centralize local government in Zimbabwe through unfettered ministerial
discretion in local affairs.
under the operation of the minister who has been regarded as the last man standing on the approval
or disapproval of budgets. According to Mupera (2016) the ministry of local government has set a
30:70 policy which regulates local authorities to set their budgets under stipulated measures, 30%
is regarded for other uses like salaries whereas 70% is responsible for service provision. Therefore
the inception of such systems by the ministry highly reveals that the decisions paused by the
minister can affect the local government sector, hence it is inevitable to believe that local
government has been highly centralized in the hands of the minister responsible for local
government. In 2015 the minister disapproved Beitbridge Rural District council’s budget, reasons
giving much credit to the fact that the council had given more credit to salaries (Chronicle
newspaper, 2015). This therefore reveal that local government powers have been heavily vested
on the minister as indicated above
BORROWING POWERS
Section 290 of the urban council act and section 124 of the rural district council act regularize
councils to borrow money in relation to the provisions of the act however section 290 (2) reveal
that “a council shall not borrow money unless… (c), the minister has granted the council authority
to borrow the money”. This provision reveals that it is only the approval of the minister that allows
local authorities and councils to borrow money, and without the approval of the minister money
cannot be easily accessed.
This notion saves to highlight that through the urban councils act chapter 29:15 and the rural
district council act 29:13 local government powers have been heavily vested on the minister,
therefore local government has been heavily control by the minister as noted in the above assertion
6. Analyze the view that’ the urban council act chapter 29:15 and the rural district council act
29:13 heavily centralize local government in Zimbabwe through unfettered ministerial
discretion in local affairs.
CONCLUSION
The notion that the urban council act chapter 29:15 and the rural district council act 29:13 heavily
centralize local government in Zimbabwe through unfettered ministerial discretion in local affairs
is highly justifiable as the minister has an absolute eye sight in affairs of the council as stated by
the UCA and the RDCA. Even though the argument lays much on the belief that the interference
of the ministry minimizes corruption but the fact still stands that the minister holds much power
in local government periphery as noted above.