By Trevor Makonyonga
Harare Metropolitan Residents Forum (HAMREF) has come out guns blazing, accusing the government of being ‘too slow” in implementing devolution.
Speaking to Bustop TV, HAMREF Coordinator Hardlife Mudzingwa said that government is not sincere about putting into effect devolution as prescribed by the country’s constitution and Finance Minister, Mthuli Ncube lacked legislative backing although he had availed the funds.
“Whilst Honorable Mthuli Ncube disbursed what he termed Devolution Funds in his 2020 budget, there is no enabling legislation required by Section 301(1) of 2013 Constitution of Zimbabwe which states that “An Act of Parliament must provide for (a) the equitable allocation of capital grants between provincial and metropolitan councils and local authorities and (b) any other allocations to provinces and local authorities, and any conditions on which those allocations may be made.
“Minister Mthuli Ncube read Section 301(3) to mean that 5% of the national revenue raised in any financial year must be allocated to provinces and local authorities, when in actual fact the Constitution says NOT LESS than 5%.
“There are several provisions of the Constitution which explicitly state the need for enabling legislation. Section 265(3) emphasizes the need for an Act of Parliament providing appropriate mechanisms and procedures to facilitate coordination between national government, provincial, metropolitan and local authorities. Section 266(4) states that there should be an Act of Parliament providing for political neutrality of employees of provincial councils, metropolitan councils and local authorities. Section 267(2) emphasize the need for Act of Parliament providing for the division of provinces into districts and alteration of provincial boundaries.
“Section 270(2) states that an Act of Parliament must provide for establishment, structure and staff of provincial and metropolitan councils and the manner in which they exercise their functions. Section 272(7) states that an Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing Chairpersons of Provincial Councils and Mayors. Section 276(1) states subject to the Constitution and any Act of Parliament, local authorities have the right to govern, on own initiatives, the local affairs of the people within the area for which they have been established,” said Mudzingwa.
He added that by not executing the Acts of Parliament, the current administrations was simply buying time.
“These Acts of Parliament have not been made, with the excuse that lawmaking is a process of buying time. Instead, the government has been quick to gazette a Constitutional Amendment Act which intends to remove legislators from Provincial and Metropolitan Councils. The reasons given for the removal of MPs is that Zimbabwe needs to respect the doctrine of separation of powers.
“We have Ministers who are MPs and that has not been an issue with Government. It only becomes an issue on devolution. Practice on the ground in Zimbabwe is that MPs are expected to spearhead development. This is so despite the fact that MPs are expected to play an oversight role, legislative and representative roles. So the current framework in the Constitution had accepted the lived reality in Zimbabwe that MPs as leaders at the immediate convenience of citizens and should participate in driving development at constituency level.
“Government amendment is trashing this and maintaining the Westminster approach that Parliament should be confined to oversight, legislative and representative roles,” he added.
Mudzingwa concluded by saying that his organisation believes that the government is trying to keep the current system by amending the constitution.
“Harare Metropolitan Residents Forum (HAMREF) respect the doctrine of separation of powers but views this amendment as an attempt to maintain the efficiency of whipping system in Parliament and detach legislators from non-partisan participation in development initiatives within their areas of origin.
“The amendment kills the expected collaboration of Councilors and MPs as both development practitioners and policymakers at a local level,” said Mudzingwa.
While the government has been talking about devolution there is very little engagement with the people.
