State bullying will not serve Harare (21-12-06)

P>Service provision in Zimbabwe continues to deteriorate, and residents fear that a serious outbreak of disease cannot be far off. For the past two weeks, Glen Norah residents have been exposed to raw sewage flowing through their suburb’s streets. The Combined Harare Residents Association expressed their concern, especially about the health of children playing in the vicinity. City officials had been alerted to the hazard but had not responded.

BY PRECIOUS SHUMBA

The recent announcement by the Minister of Local Government, Public Works and Urban Development, Ignatius Chiminya Chombo, has confirmed what we have all along known – that the Zanu (PF) government of Robert Mugabe is not prepared to swallow defeat at the hands of the residents of Harare.

They would prefer a spineless commission comprising political rejects to run the affairs of the capital, rather than a council elected by popular vote. Such political rejects cannot even win within the ruling party’s structures.

Cases pointing to institutionalised bullying of the masses include: the recent announcement that the term of the illegal commission running the affairs of the capital will be renewed despite its apparent record of incompetence and illegality; the refusal by the authorities to acknowledges a crisis of governance in Harare; and the hostile takeover of residents’ water infrastructure, supply and billing without consultation of the residents by the state-controlled Zimbabwe National Water Authority (ZINWA).

There is no Memorandum of Understanding between the City of Harare and ZINWA on the takeover of our water infrastructure. ZINWA lacks capacity to run our water business (front page, Herald 11 December 2006).

What is apparent is that the commission lacks both the capacity and the legitimacy to run Harare. We, the residents of Harare are the owners of this city and we deserve the right to elect our own councillors and mayor.

The commission’s tenure has been renewed on four occasions, and when the minister announces a new commission in the next few days, it will be the fifth time its term has been renewed. Chombo and Zanu (PF) are fully aware that their action would be wrong, legally and morally.

High Court judges Justices Charles Hungwe, Rita Makarau and Supreme Court judge Justice Wilson Sandura have made substantive and insightful judgments regarding the re-appointment of commissions to run a local authority.

In her judgment (in the case Number HC12862/00 of Christopher Magwenzi Zvobgo versus the City of Harare) Justice Makarau ruled that the re-appointments of commissioners remained unlawful, as was also ruled by Justice Wilson Sandura in the case of Lottie Stevenson versus the Minister of Local Government and others in case SC 38/02.

Chombo continues to misinterpret Section 80 (5) of the Urban Councils’ Act (Chapter 29:15). In the Supreme Court judgment, Justice Sandura said: “Consequently, the Minister could not avoid having a general election of councillors by continually re-appointing the commissioners. In my view, section 80 (5) of the Urban Councils’ Act was not enacted for that purpose. The power given to the minister by that section was intended for use, as a temporary measure, during the period preceding the holding of elections as required by the Electoral Act. The re-appointments of the commissioners were therefore illegal.”

CHRA is also guided by previous judgment by High Court judge Justice Hungwe in the case of CHRA and another versus the Registrar-General HH 210/2001. He said: “The matter which gave urgency to the inception of this application at least from the papers was that the term of office of the current Commissioners expires at the end of December 2001. There is a real danger that should there be no duly elected mayor in office by 31^st December 2001, then the City of Harare will grind to a halt as it will not be legally able to expend any money for any purpose. This fear arises from the fact that the Minister cannot lawfully re-appoint Commissioners ad infinitum. Any such re-appointment is illegal.”

Residents of Harare continue to pay for collapsed service delivery. Refuse collection has ceased in 60 percent of Harare. Water shortages have crippled household and industrial activities. City budgets have been imposed on residents without following the due process of the law.

Although the legal processes are slow and frustrating, CHRA will pursue the costly and time-consuming court processes.

The Association continues to urge residents to stop paying their rates and rentals until there is a legitimate board of city fathers to run our affairs. The illegal commission has failed to run the affairs of Harare and should be removed before inflicting further misery to residents.

That is why CHRA continues to demand:

□ The holding of regular, free and fair Council and Mayoral Elections – ‘No’ to the continued re-appointment of Commissions!

□ Efficient service delivery; clean and safe drinking water, regular refuse collection, and upgrading of sewer and water reticulation systems.

□ The urgent restoration of sources of livelihood and housing for Operation Murambatsvina victims.

□ Constitutionalisation of Local Governance and reform of The Urban Councils Act (Chapter 19:15).

□ Transparent and accountable administration at Town House and in Local Government.

□ Respect for the Rule of Law.

□ Greater involvement in City Budget formulation – ‘No’ to imposed City Budgets!

■Precious Shumba is Information Officer of the CHRA.