The current Constitution does not contain detailed sections dealing with Provincial and Local Government issues. The Executive [President, Prime Minister, their Deputies and Cabinet Ministers] form Central Government.
There is then a separate structure of government in the form of Provincial and Local Government. The Constitution provides for the holding of local council elections. It also provides for the appointment of governors and chiefs by the President. The details of their operations are contained in the laws discussed below.
Most government services are offered at Provincial, District, and Local Council level rather than at Central Government level. As such, these structures play an important role in service delivery. Examples of services offered at these levels include issuing of identity cards and birth certificates, licensing of animals and provision and payment for water and electricity. It is therefore important that the Constitution lays down the parameters of their operations to ensure that they serve the people efficiently and are accountable to the people.
Provincial and Local government structures
Zimbabwe is divided into 10 Provinces, including the urban ones for Harare and Bulawayo.
The Provincial Councils and Administration Act provides for the appointment of Provincial Governors, their tenure of office and conditions of service. It also provides for the setting up of Provincial Councils and lays down their functions. Governors automatically become Members of Parliament. Provincial Governors chair the Provincial Councils, promote the activities of the various Ministries and prepare development plans for their Provinces. The Governors discharge their functions through the Councils.
The Urban Councils Act provides for the setting up of town and municipal councils by the President. Every town and municipal area has elected councillors for each ward. The Act empowers the Minister of Local Government to give direction to the local councils concerning administration, control and management of the council. The Minister determines the number of councillors who constitute each council and can appoint councillors with special skills to boost the technical capacity of a council. He also has powers to appoint caretakers to act as the council in the event that there are no elected councillors for an area or all have been suspended or imprisoned. Mayors and their deputies are elected from the group of councillors at their first meeting after a general election. The Act, however, allows for a person who is not a councillor to be elected as mayor. The mayor chairs council meetings.
The Traditional Leaders Act in turn provides for the appointment of Chiefs by the President to preside over communities in communal lands and resettlement areas, taking into account the prevailing customary principles of succession. The Chiefs are the traditional heads of communities and their duties include promoting cultural values among the community, supervising headmen and village heads, preventing unauthorised settlement and the resolution of disputes.
Issues of concern
1. Currently Governors and Chiefs are appointed by the President. Should this position be maintained or is there need for input from other stakeholders on those appointments. In the case of Governors should these not be elected by the people in the same manner as councillors?
2. The Urban Councils Act empowers the Minister of Local Government to give direction to the local councils concerning administration, control and management of the council. If that power is abused it has the effect of stifling the independent operation of councils. Should the constitution put into place safeguards to avoid potential abuse of power and unnecessary interference?
3. In view of the pivotal role played by the Provincial and Local Government structures in service delivery, how should the Constitution ensure that the holders of office in those structures conduct their duties in a non partisan manner and are accountable to the people?
Post published in: Politics