Behavior of Local Government Minister unconstitutional

In the past two months, Zimbabweans have been treated to the spectacle of a Minister who is making decisions that affect the management and administration of urban Councils in many ways. In doing so, he is violating the new Constitution. Zanu PF often states that the new Constitution is the “supreme law in Zimbabwe” and that any subordinate law that conflicts with the Constitution is rendered “null and void”.

The Minister does not seem to understand this principle or the provisions of the Constitution or their meaning.

In Section 276 the Constitution states:

(1)  “Subject to any Act of Parliament, a local authority has the right to govern, on its own initiative, the local affairs of the people within the area for which it has been established and has all the powers necessary for it to do so.”

For the benefit of the Minister, this section brings into play a principle called “devolution of power” from Central Government to Local Authorities that have been elected democratically. Local Authorities are no longer subject to directives and instructions or even advice from the Ministry of Local Government. They are now fully responsible for the affairs of the areas they are elected to serve.

In Section 278 the Constitution states:

(2)  “An Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing from office mayors, chairpersons and councilors, but any such removal must only be on the grounds of:-

(a) Inability to perform the function of their office due to mental or physical incapacity;
(b) Gross incompetence;
(c) Gross misconduct;
(d) Conviction of an offence involving dishonesty, corruption or abuse of power;
(e) Willful violation of the law, including a local authority by-law.
(3) A mayor, chairperson or councilor of a local authority does not vacate his or her seat except in accordance to this section.”

The MDC, who were partly responsible for drafting the new national Constitution, thinks that these clauses make it abundantly clear that the Minister can no longer suspend or dismiss elected officers of local authorities on his own authority. His actions in Gweru where he has dismissed two councilors and suspended all the others is totally unlawful under the new Constitution.

When confronted with this legal challenge the Minister reacted angrily and simply proceeded to act as if the new Constitution did not exist and was not the “supreme law” of the land. His subsequent appointment of a kangaroo court as a “independent tribunal” without any legal basis is laughable and the MDC has instructed its councilors in Gweru to ensure that the “tribunal” understands that its activities and actions are illegal and contrary to the Constitution.

The MDC application to have the actions of the Minister declared unconstitutional are continuing in the High Court of Zimbabwe.

E G Cross
Secretary for Local Government