The Minister of Local Government's Intrusions in Urban Councils

Public Policy and Administration Review 1(1); June 2013 pp. 26-48 Jonga

The Minister of Local Government’s Intrusions in Urban Councils’ Administration

Wellington Jonga (Mr) Lecturer University of Zimbabwe Zimbabwe Open University and Ethiopian Civil Service University Zimbabwe

Introduction

The article discusses a number of issues that The political setup in addition, violets all makes the Minister of Local Government a principles of human rights. Where politicians liability in the administration of local become bandits they formulate policies that governments. He is basically a political bandit enrich themselves, their families and friends. In because whatever he does in the Ministry is Zimbabwe, policies like the indigenization, meant to benefit ZANU-PF and never the urban economic empowerment, land and many others or rural communities. The Ministry of Local fit the banditry policies. The ordinary (povo) are Government has been used over now a long not benefiting from any of such policies. The period of time by ZANU-PF political prostitutes povo is used to support the policies but the to fight influential progressive parties like the politicians how have political power and support Movement for Democratic Change. of the security sectors corruptly and aggressively or hawkishly grabs the benefits. A political bandit like Chombo is a person who even if he/she knows very well that whatever The failure of ZANU-PF to garner support in he/she is doing is wrong but for the of politics, urban areas has often left the ZANU-PF support of his/her party or for the sake of Governments housed especially in Harare by acquiring naked power he/she will adopt and MDC urban councils. It is like ruling a country implement the wrong policies or strategies that without a capital city. This scenario has haunted sacrifice the will of the people. The philosophy, ZANU-PF politicians now for years. However, ideology or approach is adopted by politicians the Minister of Local Government, Ignatius who believe that the ordinary man and women Chombo was chosen as strategic to harass and do not have power and they cannot defend they dismiss the MDC urban councils and replace interests against state security institutions. It is them with Commissions and special interests and approach based on the belief that force by councillors. The political banditry also arises the state under the ruling party will be used because the Minister’s approach is tantamount to against descending voices. It is also an approach subverting legally elected urban councils and that is entertained by politicians who are replacing them with hand-picked councillors and deceiving and who believe in suedo democracy. commissioners. These commissioners and This democracy that is based on lying about special councillors are putting ZANU-PF into democratic governance and that uses force, power by back door. Thus the Minister is oppression and other systems of violence to unilaterally usurping the power of the voters and suppress freedoms like that of speech, urban councils. association, justice and rule of law. © American Research Institute for Policy Development 26 www.aripd.org/ppar Public Policy and Administration Review 1(1); June 2013 pp. 26-48 Jonga

The shameful acts of the Minister and his Councillors have been crying for this and that to political bandit ideas have left the urban councils be implemented without success. In other in total conflict with the mother Ministry. The words, the employees deride the calibre of the conflicts are multi-dimensional and some of councillors, whom they hardly respect. them will be discussed in the following Residents alike have complained but have not paragraphs. The discussion center on how the received a shadow of what they should receive media has depicted Chombo’s conflicts with in terms of service delivery. It appears the city local governments. has been privatised and information about

Research methods and objectives developments is regarded top "secret". But again is this a healthy and sustainable situation? It is an analytical desk research. The data was Is this the Harare we want? Is this the type of gathered through review of documents management we want? Why should we have a particularly the newspapers’ reports. The management that requires ministerial push to do objectives to analyse the authority and power of its job? Does the challenge lie with the Local the Minister of Local Government in Government Board that approves the Zimbabwe, to scrutinize the relationships employment of all senior managers? Is it that between the Ministry and local governments and the board is manned by incompetent people who the impact of such a relationship on service appoint equally incompetent managers? The provision. Local Government Board was put in place to

Critical questions about zimbabwe urban ensure that local authorities, especially the areas smaller ones do not end up with inappropriate managers. In the Herald (9 March 2012), Michael Chideme wrote an interesting article about Zimbabweans’ Questions are further asked by Chideme that, dreams about municipalities they want. It is this Why is it that the board approves for article that will form the basis of debate in this appointment second or third-rate candidate for project. The vision of Zimbabwean s have been each post? Whose interests is the board serving? spoilt and urinated on (like napoleon urinating My view is that Minister Chombo should not be on Snowball’s plans in the book Animal Farm). calling for these meetings to enforce that action The government has managed to dampen the on service delivery is taken. The Minister's job spirits of many in formed citizens. Central should actually be very light. Whoever is government has dragged the once robust and Minister of Local Government should actually financial stable organizations into bankruptcy meet local authorities such as Harare to give compliments and not to read the Riot Act. and bad governance. The future of urban councils in Zimbabwe is vague. What has become apparent during these

In the article, ‘Why wait for intervention’ ministerial meetings is that there is a lot of lying Chideme narrates that many questions have and name dropping as excuses by some top been asked for some time on who really calls managers not to do certain things. Councillors the shots at Town House. Is it Mayor have been made to believe that Minister Muchadeyi Masunda, Local Government, Rural Chombo is all out to get them out of office, as and Urban Development Minister confirmed by Clr Panganayi Charumbira, at a Ignatius Chombo or the residents of Harare? recent meeting. He expressed relief that Chideme alleges that the reasons for the Minister Chombo was fatherly and was willing questions are somehow justified as the city to work with the MDC-T councillors confirming management only explodes into action when that he had been misinformed. Minister Chombo demands action. © American Research Institute for Policy Development 27 www.aripd.org/ppar Public Policy and Administration Review 1(1); June 2013 pp. 26-48 Jonga

Clr Peter Moyo complained that attempts to  Pro-ZANU-PF militia/gangs like meet the minister were being blocked. Ever Chipangano in Harare since Minister Chombo met with the Harare  Poor housing provision management led by Town Clerk Dr Tendai  Mashrooming of squatter camps Mahachi and councillors led by Mayor Masunda  Potholes there has been a remarkable improvement in  Lack of drugs and sometimes qualified service delivery. Dr Mahachi spoke with personnel in clinics and hospitals renewed vigour in front of the Minister and  Lack of maintenance of street lighting, etc. promised to invest up to US$350 million in service delivery this year alone. He had spent Many Harare residents believe the problems the previous two weeks holed in planning services provision are coming from the meetings at the behest of Minister Chombo. Had leadership the Minister of Local government the Minister not prodded him to act what would (Chombo). In the Daily News Paper (10 April have been the situation? 2013) boldly explains, “Chombo the root of Harare's woes, that is why nobody will be In addition, Chideme continues to attack when voting for Chombo during the coming the states that why did he require the minister to elections!” A resident in the same paper ask for a work plan in the first place? In a commented about the Mayor’s (Masunda) salary normal set up the Town clerk should have which is unbelievably too high for an institution drawn a comprehensive and well-researched that is under performing like the City of Harare consultative document to share with the and indicates, “how can Masunda get $15 000 Government. Instead of reporting in the past salary a month when we don’t have water? Also tense what is happening is that the majority of all councillors must fore go their salaries ‘kuti directors were reporting in future tense. tizive kuti havasi maSharki’ so that we do not The issue is the departments of urban councils view them as Sharks.” Moderate urbanites are must perform to satisfy the clients. It is not the apportioning the blame on the minister and all duty of the Minister to chase employees and the councillors. councillors to provide needed services. Commitment to one’s work has a good Residents accuse the councillors of widespread motivating effect. corruption. However, the MDC Party alleges to

Chombo’s interventions in service provision be dealing effectively with all corrupt councillors and criminal activities that have Residence of Harare and other suburbs in been identified. Party politicking between different towns and cities of Zimbabwe have ZANU-PF and MDC have created a situation complained about despicable service provisions. where firing of corrupt councillors is difficult. It seems the administrations led by MDC and The two parties blame each other for ZANU-PF Parties have failed to redeem people administrative problems in the municipalities. In from problems associated with poor services. some instances the MDC Party fires its corrupt Urbanites have complained about the following councillors and the Minister of Local poorly provided services: Government want to benefit ZANU-PF by

 Clean water supply shortages refusing to dismiss them. He will protect them  Garbage collection using his powers granted by the Urban Councils’ Act.  Sewerage bursts and maintenance

 Water drainage blockages  Congestion of the urban centers by people

and vehicles, etc © American Research Institute for Policy Development 28 www.aripd.org/ppar Public Policy and Administration Review 1(1); June 2013 pp. 26-48 Jonga

In the Daily News (Wednesday, 10 April 2013) Masunda states, “"We need to revert to these Fungai Kwaramba quoted Prime Minister flats being reserved for single persons. All Morgan Tsvangirai stating, “HARARE - Water married people should be taken out and find woes, potholed roads and uncollected refuse in better accommodation. There is no way one can the bustling city of Harare can be traced to bring up children in that set-up. . . demolition Local Government minister Ignatius Chombo.” of the hostels should only be an option when the In the Herald (26 March 2012) the Minister right time comes, adding that there was no need warned that some local authorities wer going to "to resort to extreme measures." lose their planning responsibilities if they continue disregarding a directive to stop Minister vehemently opposed the strategy. He dividing playing fields and planned public open claims, “The hostels would be demolished. They spaces into residential stands. cannot be there forever. Upgrading the hostels is abnormal because they were built abnormally. The paper explains that Chitungwiza We need to civilise that place. " Municipality was featuring prominently with The councils have also clashed the Ministry councillors accused of subdividing soccer over illegal Car Sales. The Herald (24 grounds into residential stands without November 2012) portrays the minister viewing Government authority. The minister states, "I the mushrooming of car sales in any part of am concerned with the unilateral conversion of urban areas as a result of poor planning and lack open spaces into alternative use without the of control by urban council authorities. express authority of my Ministry. I reiterate that However, the councils’ administrators are these open spaces are an important feature of blaming political and informal agreements urban planning." where the car dealers are conniving with Michael Chideme in the Herald (18 July 2012) politicians. discusses the intended demolition of Mbare The paper quoted the Mayor of Harare claiming, hostels because they are too old, over populated “"In a normal situation an application by anyone and the Harare City Council was unable to for land should go through various standing collect the normal rates from the tenants and committees like land development, education, some of whom are benefiting by getting super health and housing. All these things fall under profits from subletting their rooms. The the jurisdiction of the director of housing. Any Minister claims that some owners are getting as land unaccounted for belongs to the city, but the much as US$200 as rent but the council only get proliferation of illegal structures you see is a us $5. The Minister therefore rejected the idea result of people who work in collusion with of Mayor Masunda to refurbish the hostel of some functionaries in our district offices. If you Matapi, Mbare, Shawasha, Nenyere and ask them where they got the permission to set Matererini and revert to be used by single up those structures they will show you letters occupants. Currently there was not strong from the district offices . . . people had been rejection or prevention of married people to "cutting corners" for long and illegal car sales occupy them. Masunda believes his strategy should go. We are the designate town planning would reduce housing shortages. The paper authority and we know what should be where states, “More than 56 000 people, mostly the and why. poor, live in the apartments, implying that if they are reserved for singles, only 5 697 people would be accommodated.”

The same paper discusses a directive from the However it should be noted that the Minister’s Minister which requires all councils to buy strategy is to keep everything confused so that water chemicals from registered dealer after he has opportunities to intervene in local affairs Harare was sold poison by a contracted and to blame the MDC led administrations over company. The Minister also contends, "There poor service delivery. are underhand dealings as some companies In an article; ‘Zimbabwe: Auditor-General disqualified for failure to meet set criteria or Censures Chombo’, (Herald, 22 June 2012), technical specifications were awarded tenders or Clemance Chideme alleges that the Comptroller contracts. Council is awarding a single tender on and Auditor General (C&AG), Mildred Chiri a single product to multiple suppliers who have rapped the decision by Local Government different prices." Minister, Ignatius Chombo to pay out huge Michael Chideme in the Herald (29 March allowances to investigating committees, which 2012) reported the conflict of the Harare City saw some individuals in the probe teams taking Council and the Ministry of Local Government home more than US$50 000 each. The paper over the activities of vendors. The council states that since the Movement for Democratic complains of dirty from garbage and congestion Change (MDC-T) secured dominion of the caused by street vendors. During the time of majority of the country's local authorities from Operation Murambatsvina (Prevention of Dirty) ZANU-PF during the 2008 general elections, perpetrated by the government the vendors, the Local Government Minister has appointed a street kids, vagabonds, homeless, prostitutes, etc number of committees to probe alleged were arrested and some were marooned at corruption by councillors aligned to Prime designated farms around the city that were Minister Morgan Tsvangirai's party. confiscated from Whites. However, the groups But in a report, Chiri said the State was losing a have resurfaced. lot of financial resources through the exorbitant

The Ministry because of political plot is saying allowances paid to the investigating teams, there is no law banning vending and adding that the payments should be probed (of Murambatsina dealt only with specific vending particular interest is the Chitungwiza City points. Chombo also argues that the Council). The government's top auditor said the municipality police could not be given arresting amounts involved were well above the amounts powers because it was the duty of the Zimbabwe laid down by government. The paper quoted Republic Police (ZRP). However, it is correct to Chari as saying, "The amount paid varied say besides political gimmicks the Minister between US$5 000 paid to interpreters to US$52 should know that council by-laws could allow 720 paid to some chairperson of committees. the municipality police to arrest person over The fees paid were in all cases far in excess of specified claims. It is possible then that the those authorised by the Treasury circular on fees payable to members of boards and committees." national police force can agree or coordinate with municipal police on conduct of duties. The paper said 25 members of committees that

The division of duties could bring efficiency were set up to investigate allegations of and effectiveness in the prevention of crimes in irregularities in Harare, Rusape and Redcliff the urban areas. This conflict has left the urban were paid amounts totalling US$394 621. The councils unsure of their powers over law amounts translate to nearly US$15 784per enforcement in areas under their jurisdictions. individual. The conflict has thus a direct impact on service provision.

Media reports indicated that Chitungwiza In the Herald (21 June 2012), a reporter Daniel municipality workers threatened to go on strike Nemukuyu, described a plot by Chombo and after a five member investigating committee Munamato Mutevedzitrying to overturn a appointed by Chombo received huge payouts decision of the High Court to reinstate when employees were not receiving salaries. councillors Silas Machetu, Maxwell Katsande, Manicaland Provincial Administrator, Fungai Paul Gorekore and Johnson Zaranyika who had Mbetsa, who led the team was said to be been dismissed by the Harare City Council receiving US$26 525 in salaries and allowances disciplinary committee. per month while his deputy received US$14 The paper alleges that Katsande, Gorekore and 500. Committee members received US$13 500 Machetu were found guilty of receiving stands each. However, Mbetsa claimed he was being outside their wards in breach of a council paid US$16 000 per month, in addition to US$2 resolution while Zaranyika was found guilty of 000 for his accommodation at a local hotel. failing to assist a family that was facing eviction Chari further expresses, "An investigation must in his ward. Zaranyika's wife actually moved be carried out to establish how the allowances into the disputed house after the same family were determined given that they were just paid had been evicted. as cash without indicating the breakdown." Another naked blatant use of power by Chombo In the Herald(, 22 June 2012) Clemence was the provion of Mall Permit as reported by Manyukwe argues that the Chitungwiza City Tererai Karimakwenda in the Financial Gazette Council investigations unearthed rampant of 8 August 2012. The Minister of Local corruption nearly two years after the minister Government and Urban Development, Ignatius had rejected calls by the MDC-T to fire the Chombo, approved a planning permit for the councillors in a move that would have stopped controversial Mall of Zimbabwe built in the continued plunder of the council resources Borrowdale, by invoking a special law that and possible huge pay-outs to the probe team. allows him to bypass the Council. Chombo used

Chiri added that the Local Government Ministry a section of the Regional, Town and Country had written off loans for the purchase of 161 Planning Act which strips Council of the vehicles to traditional leaders under the authority to approve projects, saying the $100 Traditional Leaders Vehicle Loan Scheme million Mall is of "national importance" because without Treasury's approval. The auditor it is linked to funding for the construction of Airport Road. recommended that beneficiaries should repay the loans so as to facilitate the continuity of the The Harare Council had delayed issuing a revolving fund for the benefit of other permit to Augur Investments, the company traditional leaders. building the Mall, because the land involved is alleged to have been included in shoddy real The top auditor said the Local Government estate deals that were under investigation. There Ministry had deliberately violated procurement are also objections from environmentalists procedures as prescribed in the Procurement Act because the land under consideration is a and statutory instrument number 171 of 2002 wetland, and an environmental assessment study through a number of purchases done for items needed to be done before any construction exceeding US$500 000. begins.

The allAfrica.COM on 13 August 2012 reported However the procedurally the Bulawayo City through Alex Bell argues that Local Council's Chamber Secretary, Mrs Sikhangele Government Minister Ignatius Chombo felt that the council had to first pass a resolution overturned a Harare City Council decision to authorising her to allow Mr Fengu to assume rename three roads in the City, in what is being duty. The also indicates abuse of power by the described as a 'political play'. A full Council Minister because he appointed Fengu without meeting reportedly approved the changes, which collaborating with the councillors. include Enterprise Road being named for the late General Solomon Mujuru. According to the There is no democratic decision making in Council, Enterprise Road was picked to be urban areas of Zimbabwe because the Minister renamed after Mujuru because it is near the KG could still override any decisions made by full VI army barracks. council. The Minister could also use loopholes in the Urban Councils Act to manipulate The Council also planned to rename Rotten situations like in this example were he is Row after the late Chief Justice Enoch appointing special interest councillors Dumbutshena and Churchill Road after the late sympathetic to ZANU-PF to change the balance Professor Walter Kamba. Dumbutshena and of power surreptitiously. Chombo venomously Kamba's families had agreed to the changes. uttered, “.Council was being "silly" and he Belle maintains that Chombo reversed the would not tolerate its insensitivity towards council resolution, insisting that he was not people living with disabilities.” (Bulawayo 24 consulted. Chombo said the resolution to change News, 17 January 2013) the street names was null and void.

Observers have said the drama boils down to The Bulawayo City Council was arguing that politics, with Chombo clearly trying to override Chombo had exceeded his quota for special a decision made by a majority MDC-T council. interest councillors in the city were unfounded. One observer told SW Radio Africa that the The Urban Councils Acts stipulates that the MDC-T was likely to gain political favour by Minister can only appoint special interest making these road name changes, and Chombo councillors, not exceeding a quarter of sitting is trying to prevent the party from gaining any councillors and in the case of Bulawayo they more popularity. were not supposed to exceed seven. It seemed by appoint Fengu the Minister’s appointed Intervention in local governments’ affairs number of special interest councillors totalled using special interest councillors eight. In Newspaper mentioned above the In an article entitled, “Chombo threatens to Minister states, "I also agree that in Bulawayo, ‘fire’ Bulawayo Town Clerk” the Bulawayo 24 where there are 29 council wards, I can only News, (17 January 2013) reported that the appoint seven. Turning to the eight special Government ordered the Bulawayo City Council interest councillors that I allegedly appointed to to immediately swear in the appointed special the city in 2008, ask them who swore in the said interest councillor or risk having the Town councillors. An appointee has to be sworn in to Clerk, Mr Middleton Nyoni, dismissed. The be officially recognised. Since those were not Minister of Local Government, Rural and Urban sworn in, it is like they were never appointed.”

Development had appointed Fidelis Fengu, as a special interest councillor representing people living with disabilities in terms of Section 4A of the Urban Councils Act (Chapter29: 15).

Councillors felt there was a hidden motive The Bulawayo 24 News Agency on 22 March behind Dr Chombo's appointment because 2013 reported the unhappiness of the it was senseless for the Minster to appoint a communities over Chombo’s appointment of special interest councillor to the city when there special interest councillors. The special interest were only a few months before the sitting councillors have become hot potato because the councillors' tenure ends. In 2008, councillors have become one of the tools of a Bulawayo resident, Billy Ncube had to take darkness or banditry ZANU-PF has found handy Chombo to court after he appointed the eight in its crusade to annihilate the political goals or special interest councillors. This indicates the strengths of opposition political parties. long battle over special interest councillors between Central Government and the City of Chareka (222 March 2013) reported on the Bulawayo. Ncube challenged the criteria the appointment of Gatsha Mazithulela as a special Minister used in selecting the councillors and interest councillor. The reporter states, “Special argued that Chombo did not have the interest councillors represent the interests of jurisdiction to make the appointments. minority groups, or bring special skills or knowledge that would be lacking among The aspect of political banditry that was councillors. They are strategically selected after focusing on usurping the power of urban the minister analyses areas of expertise which councils led Chombo to gazette Section 4A of the council lacks. Gatsha Mazithulela and the Urban Councils Act (Chapter 29:15) that Siphiwe Ncube were sworn in as special interest was eventually used to weaken the position or councillors at the Bulawayo City Council by authority of Mayors and Town Clerks about the Town Clerk Middleton Nyoni on February 25 in appointment of special interest councillors. what other local councillors described as a According to the Act, special interest "secret event", as they were neither notified nor councillors are expected to participate in the invited”. issues of the local authority they have been appointed to, perform the same functions and be The same News Agency on 28 February 2013 entitled to the same benefits in every respect as reports on the Bulawayo residents dragging an elected councillor. However, special interest Chombo to court. Alick Gumede filed an urgent councillors do not have voting rights at council High Court chamber application seeking to meetings. block Local Government minister Ignatius Chombo's appointment of two special interest The Newsday (11 February 2013) indicates that councillors. the issue of special interest councillors is exacerbate by the fact that the Prime Minister In two letters dated February 22, 2013 (Tsvangirai) had on 19 September 2012 wrote to (Bulawayo 24 News) addressed to Mayor Thaba Chombo advising him to consider people with Moyo, Chombo had advised Bulawayo City disabilities when making appointments of Council of the appointment of Siphiwe Ncube special interest councillors. MDC-T insiders and Gacha Mazitulela as special interest said they suspected Chombo wanted to use the councillors. "By notice of this letter, I have the letter to justify the appointment of his suspected pleasure to appoint Gacha Mazitulela and ally Fengu and create an impression that the Sipiwe Ncube as special interest councillors for directive had come from the MDC-T leader. The Bulawayo City Council in terms of section 4A use of a good intention policy or management of the Urban Councils Act Chapter 29:15," tool for bad intentions is also a demonstration of reads part of Chombo's letter. the aspect of political banditry common in the behaviours of many ZANU-PF politicians.

Gumede's lawyer Job Sibanda filed the Until Chombo is investigated to ascertain how application at the Bulawayo High Court arguing he acquired his (alleged) vast wealth, BPRA "such appointments were grossly irregular as to believes that he does not have the moral defy common sense in that the life of council to standing to investigate local authorities or any which they have been appointed comes to an other entities" end in the next month or so". "Such appointment shall not benefit council, but shall Edwin Ndlovu, the Bulawayo spokesperson for only drain the financial resources of the council the Welshman Ncube-led Movement for to which applicant is a contributor by virtue of Democratic Change party says, "While they him being a ratepayer," reads part of the may be few corrupt councillors in BCC, the application. truth is that it is the best run city council in Zimbabwe. Even Chombo himself recently In his founding affidavit, Gumede of Pelandaba praised BCC for that, so why the change of and a member of the Bulawayo Progressive heart now? Chombo's investigations are just a Residents' Association (BPRA) said Chombo political gimmick before elections and a waste "may not act as a law unto himself without of taxpayer's money". consequences or without being called upon to Methuseli Moyo, the ZAPU spokesperson had account". He said the minister can also not "act this to say about the probe team: "Chombo likes irrationally when he exercises such powers meddling into the affairs of local authorities and because the results of his actions have serious one tends to suspect that he has a political consequences for ratepayers like me". motive for that. The court case came barely a month after another resident Jack Matshazi blocked Chombo It's questionable that the five-member from causing the swearing in of Fedelis Fengu investigation team doesn't have any as a special interest councillor representing representative from Matabe-leland and we can people with disabilities. Bulawayo High Court only hope that the people of the region would Judge, Justice Lawrence Kamocha on January not be victimised through the probe."

21 granted an interim order interdicting council Again as noted in the case of Chitungwiza, the from swearing in Fengu. Chombo was yet to allowance or the expenses of the probe teams respond to the lawsuit by yesterday. are milking dry the budget of the already The Financial Gazette (23 March 2012) reporter desperate urban councils. In the case of Ray Ndlovu claims Bulawayo Progressive Bulawayo, the probe team was booked at a top Residents Association (BPRA) accuses Chombo city hotel with over US$3 000 spent inside three of using excessive powers conferred upon him days in accommodation, meals and by the Urban Councils Act to dissolve local communication expenses. authorities run by ZANU-PF's rivals while replacing them with ZANU-PF aligned Urban councils and ministry financial functionaries. conflicts

The paper states, "We see any investigation Chombo has intervenes in urban councils’ instituted by the Local Government, Rural and budget preparations. The Urban Councils’ Act Urban Development Ministry as the practice of gives the Minister excessive powers over urban double standards following the refusal by councils’ financial management. The budgets do Chombo to be investigated following allegations not become official until and unless the Minister that he owns vast properties across the country approves them. in November 2010.

Share (13 October, 2011) in allAfrica.com The ultimate goal was to discredit the MDC argues that Local Government, Rural and Urban Party and then increase voters’ support of Development Minister Ignatius Chombo has ZANU-PF. castigated the proposed 2012 Harare City On 27 March 2013 the Bulawayo 24 News Council budget because his opinion was that the reported on the conflict between Chombo and council deliberately failed to focus on service local governments over the use of debt delivery, but dwelt on self-enriching. Minister collectors in councils financial management Chombo said the US$272 million being activities. “THE Government will not allow proposed was a "thumb-sucked" figure as it did local authorities to use the services of debt not relate to what residents and ratepayers were collectors to recover their debts from paying. ratepayers”, the Minister of Local Government Share states, “He described the budget as "false" Rural and Urban Development Ignatius Chombo adding that the city fathers had to go back to the has said. The reason given by the Minister to drawing board and incorporate residents' input. reject the strategy was that it was inhumane. Residents' associations and some councillors However, in his considerations it seems have already criticised the budget saying it was Chombo did not remember that he was at that more of a "salary budget" while others said it time also accusing the councils of was a "cut and paste" document of the previous ineffectiveness. Failure by urban councils to budget.” collect revenue as portrayed by budgets was a major cause for inability by the same councils to The Minister’s argument was that about US$112 implement many projects on their plans. Many million, which is 41 percent of the total budget, of the urban councils have suffered from has been earmarked for salaries and allowances. financial inadequacy or bankruptcy. This means council has again failed to comply with Government's directive pegging "There is need for water users to pay for water remuneration at not more than 30 percent of they use. When you use water, you should pay revenue. Analysis indicates that such budgets for it and those who are failing to pay should that support more recurrent expenditures leave use water sparingly. Those who are not able to little money for capital projects. The assumption pay, they should also approach their local is that development is facilitated more by capital authorities and make payments plans and should investments than recurrent activities. genuinely make an effort to settle their debts. "There are some ratepayers who have not The Minister’s objections to the budget seem approached the local authorities for payment rational though MDC councillors would view it plans and this has resulted in local authorities as political because the same budget draft was using debt collectors to recover their monies. published and debated in council before approval. Thus failure by the Minister or I have a problem with that move since I have a Ministry to intervene or provide support or problem with them. "They are sent to collect for advice at the appropriate point could be taken as example $42, but they will require $172 from intentional and meant to cause paralysis or the ratepayer just to collect the $42 owed to confusion in the governance systems of Harare council. This is an inhuman way of collecting City Council. The Minister’s intention could be debt and local authorities should desist from taken to be to want to appear to the voters that using them," said Chombo. It is not clear the MDC councillors were ineffective, whether the Minister did not want culprits to inefficient and lacking required knowledge and pay a penalty. skills in financial management.

The easiest thing the Minister could have In defence of Moyo it is claimed that Chombo suggested was to state that central government demanded that Moyo will only be arrested after was going to bills for the poor or those failing to an audit of all council books is finished, on a pay city governments. It is pathetic for him to date that his office has not made known. side with wrong doers in this case. This example "Minister Chombo said the matter was an indicates how Chombo is a big trickster. He at administrative council error and not in any way times defends the wrong person or he condemns criminal to merit the arrest and detention of the councils for poor performance. The powers CEO, he was fuming and threatened to fix those bestowed in him by the Act are too much and behind the arrest of Moyo," said a police source. being use to abuse the institutions. Ultimately Moyo was clandestinely released because of the minister’s interference. Chombo has been mentioned in many cases that can be regarded as corruption. Some of the Moyo was then clandestinely released from cases involve the buying or ownership of police custody at the behest of Chombo's councils’ land, houses or instructing use of interference. An annoyed policeman added: "It councils’ funds in an irregular manner. The is sad that as police officers we do our following case is an example of how politics can investigations and make arrests and chefs come enslave or change someone into an irrational and undo our job." A councillor from the same bandit. institution complained about Chombo's conduct

Bulawayo 24 News on 01 February 2013 in an arguing that it undermines the council's authority article, ‘Chombo bullies cops to release detained and amounts to defeating the smooth delivery of council officer’, Divine Dube explains that justice when he stated, "What Minister Chombo Local Government, Rural and Urban did about the Moyo case is so bad, it shows that Development Minister Ignatious Chombo has he does not respect councillors and the been fingered in interfering with the cause of committee that sat and found Moyo wrong. He justice by telling police officers into (Tsholotsho does not respect the work of police," said the councillor. Tsholotsho Rural District Council Chief Executive Officer Themba Moyo) release a The News Agency further alleges that Chombo fraud suspect. Moyo had been arrested for has in the past made headlines for interfering fraudulently withdrawing council funds with the day to day running(s) of several amounting to US$15 000 alone at the bank. In councils. He has fired officials that have refused terms of council procedure and rules, cash to adhere to his demands. Several allegations of withdrawals can only be made when a corruption have been levelled against him and he withdrawal bank slip is signed by three has always disputed any wrongdoing. signatories. Moyo had corrupted a bank teller who agreed to allow the illegal transaction. Minister of local government’s conflicts with councillors and mayors Despite the fact that Moyo had accepted the illegal withdrawal of council funds, Chombo is In an article, “MDC councillor takes Chombo's alleged to have phoned the station superiors and to court for unlawful dismissal”, Ndou demanded the immediate release of Moyo on the (Bulawayo 24 News, 9 January 2013) states that grounds that he was wrongly arrested and Umguza Rural District Councillor, Mxolisi detained. Ndlovu, has taken Ignatius Chombo, the

The police had charged Moyo with two crimes Minister of Local Government, Rural and Urban that included fraud and abuse of authority. Development to court over unlawful dismissal.

Councillor Ndlovu filed papers at the High The reasons given by Chombo for stopping the Court in Bulawayo challenging his dismissal by trip was abuse of public funds and short notice Chombo who also has been fingered out in that did not allow him enough time to study the several cases of corruption including illegally documents outlining the objectives of the tour. acquiring land in urban and rural councils across There were conflicting views on the financing the country. Ndou explains that in his court of the trip. Some sources indicate that the urban papers, Councillor Ndlovu argues that his councils had to provide airfares and others state dismissal by Chombo is politically motivated. that the US Department of State had provided "The investigations that led to me being charged US$75 000 budget for the eight. Some corners with seven counts of misconduct were patently suggested that despite the American Department biased and clearly conducted along politically availing adequate funding the local authorities partisan lines. The investigation team only were still asked to raise their own air fares and confined itself to and obtained statements from subsistence funds. This allegation indicates people only affiliated to Zanu-PF and shunned corruption that involved individual mayors and and avoided those affiliated to the MDC to Town Clerks and councils. which I am affiliated to. This on its own was a strong bias that compromised the whole process The Herald claims, “Minister Chombo said he and First Respondent (Chombo) should not have stopped Masvingo Mayor Femias Chakabuda, persisted with the process amidst such blatant his town clerk Adolf Gusha, Bulawayo Mayor partisanship,” the court papers read. Thaba Moyo, his town clerk Middleton Nyoni, Harare town clerk Dr Tendai Mahachi and Bulawayo 24 News further argues that since director of urban planning services Mr 2008 when the majority of current councillors Psychology Chiwanga, Plumtree secretary Mr were voted into office on an MDC ticket, Davies Luthe and Ruwa town secretary Ms Chombo has been destabilising the operations of Julieth Makombe from leaving for the US last the MDC led - councils and suspending the night.” democratically elected councillors on phoney The Herald (7 February 2012) portrays yet corruption charges. This aspect indicates lack of another incident of the Minister firing two professionalism on the part of the Minister. His councillors (Adam Puzo and Peter Keri) on the political banditry has left many local allegations of being complicity as chairpersons governments malfunctioning or bankruptcy. The of the finance and procurement committees. The interventions have left many city councils poorly same paper also for the first time indicates the providing public goods and services because Minister dismissing special interest councillors politicking and the Minister’s interventions in for poor performance. It should be noted that the local affairs that are done in bad faith. The special interest councillors are appointed direct citizens always suffer from these confrontations by Chombo. that divert the attention of councillors and employees. The political machinations of This means that certain persons politically Chombo had left many city fathers and council appointed by the Minister do not have Heads OF Department unsure on how to proceed knowledge and skills on urban governance. The with urban council businesses. paper in addition [portrays Chitungwiza City to be manged by a Commission appointed by The Herald (16 January 2013) reported another Chombo and led by Manicaland Provincial case of conflict whereby the Minister stopped Administrator Fungai Mbetsa. mayors and their Town Clerks form proceeding with a study tour of America municipalities.

However, in other News papers it commented Deconcentration is inferior to devolution. that the allowances paid to the Commissioners However, in Zimbabwe it seems from around are too big to the extent that they have the effect 2000 central government stated to recentralise of financially draining the council. The council than increase decentralisation of power. This has already a history of financial shortages. part of what I call political banditry because the idea of ZANU-PF in adopting such erroneous Calculated dismissal of mayors strategies is not to benefit the citizens. ZANU- The Bulawayo 24 News reported on 23 PF’s political machinations focus is on diluting February 2013 about Chomba’s decision to the power of the opposition or to try and take dismiss Gwanda mayor over the raw on the over by clandestine means the administration of appointment of a Chamber Secretary who urban councils. It is a strategy that benefits Chombo was imposing on the urban council. ZANU-PF politicians.

Appointment of council employees and Bulawayo 24 News states, “Gwanda Town imposition on the councils was another strategy Council has reportedly defied Local adopted by the minister to distort the functions Government, Rural and Urban Development of and diluted the power of MDC Party. This Minister Ignatius Chombo's ultimatum to however is a serious misdemeanour because the appoint Priscilla Nkala, an alleged Zanu PF minister in that case reduces himself from the apologist, by Thursday as the council's chamber position of leadership to that of council secretary. Chombo had written to acting manager. Gwanda Mayor Sithokozile Sibanda in a letter The Ministry controls the behaviour or activities dated February 6 to appoint Nkala to the of urban councils but under devolution of power position before February 21 and said he was this specific decentralisation methods gives the "deeply concerned over the council's continued councils power to make local snub of his directives". decisions/resolutions and to implement them. The Standard Newspaper (8 April 2012) quote The intervention by the Ministry through Nqobani Ndlovu who state that the Deputy appointment of personnel reduces the autonomy Minister of Local Government, Rural and Urban of urban councils and changes devolution to Development, Sesil Zwidzai, dismissed as "a deconcentration. In deconcentration the local non-event" the suspension of Gwanda Mayor governments have limited power of decision Lionel De Necker by his boss, Minister Ignatius making. Deconcentration creates field offices Chombo. Zvidzai called for the amendment of out of the capital cities of countries and the field the Urban Council's Act, which he said was offices are not given freedom to make decisions. being abused by the Local Government The field offices always take orders from the minister. De Necker was dismissed after he central government. refused to appoint an alleged Zanu-PF In this case a decision has been made by a field functionary, a Mrs P Nkala, as a Gwanda office that office has to request permission from Municipality Chamber secretary. the centre to implement it. The offices in the field are organs of state power. They are mostly used to implement central government policies or goals. Thus the adoption of deconcentration instead of devolution curtails democratic governance, participatory decision making, transparency, rule of law and deliberative democracy. © American Research Institute for Policy Development 38 www.aripd.org/ppar Public Policy and Administration Review 1(1); June 2013 pp. 26-48 Jonga

The dismissal letter from Chombo was quoted All the snippets are evidence to indicate that in as stating, "Following your deliberate defiance Zimbabwe central government has been using of my directive of 30 November 2011 issued in various tactics to involve itself in local affairs terms of Section 314 of the Urban Councils Act hence has a recentralization tendency. In this (Chapter29: 15), directing council to appoint aspect, the continuous deterioration of goods Mrs P Nkala as the substantive Chamber and services and the infrastructure in the urban Secretary for Gwanda Municipality as approved centres has left many stakeholders questioning by the Local Government Board, I hereby, in the credibility of decentralization as a policy terms of Section 114 of the afore-cited Act, option for Zimbabwe. suspend you from being a councillor for Gwanda Municipality with immediate effect." Takunda Maodza in the Herald (28 January "After you received my directive, you 2012) reported the suspension of James Mutare proceeded to challenge the activities of the Mayor on the allegations of using councils Local Government Board appointed to carry out funds to pay personal expenses related to legal its responsibilities as specified in the Urban matters and also for trying to recruit a consultant Councils Act. company (KSV3) to advise on the development of Mutare City Council budget. The councillors Furthermore, you even questioned the opposed the move on the pretext that the city credibility of the Local Government Board had no money for consultancy fees. After which was setup in terms of the law thus refusing to sign the budget it is alleged that the undermining the powers of both the Minister Minister had to summon the Mayor and forced and Board." Zvidzai comments, "Chombo is him to sign it. It is indicated however that the going wild shooting at everybody using the Act. mayor was arguing that the invitation of KSV3 The guy still can't face the reality that his Zanu- of a company from South Africa was formal and PF party is no longer running the country's based on a council resolution. urban councils," Zvidzai said in an interview. On the same issue The Herald (9 February In 2008, the government abolished the post of 2012) indicates that the probe team assembled the executive mayor and replaced it with the old by the Mister was led by Masvingo Provincial system of the ceremonial mayor. It was Administrator (Mr Felix Chikovo). The Ministry envisaged by the central government that such a argues, "Several times he (Brain James) vetoed move would reduce the powers of the mayors as council decisions without consulting the provided in the Urban Councils Act. The central officials. He thinks that he is an executive government cited abuse of power by the mayors mayor, forgetting that he is just a ceremonial as the chief trigger to this decision. However, a leader." number of antagonists to the move indicated In the Zimbabwean Independent Newspaper (30 that mayorship was synonymous to urban March 2012), Elias Mambo states that MDC-T governance which domain has now been taken mayors and councillors have slammed Local over by the opposition MDC. According to Government minister Ignatius Chombo for them, the move was nothing but a coup de’tat disrupting their operations and sabotaging their against the democratically elected mayors in work in a partisan bid to discredit their party various urban centres of the country. Some ahead of elections. mentioned that the matter constituted a constitutional agenda.

The paper further alleges that Harare Town "Disruption is from all corners; from the Clerk Tendai Mahachi claims that Chombo minister and some employees who are loyal to vetoed the council's plans to hire additional Zanu PF. These people take orders from outside workers to improve the city's service delivery, resulting in a direct confrontation and councils citing a depleted budget. Mahachi explains, are heading for disaster if this trend is not "Our letter in which we requested to employ abated," he said. 280 labourers to boost our workforce and speed up service delivery was turned down and the Conflict over the roles of district minister advised us to use the personnel that we administrators and governors in urban councils currently have, which is far from being enough."

Chombo on the other hand is masquerading that Since the year 2000 central government he was cracking down on municipalities because uncalled for interventions have manifested in they were failing to perform. He states, "Our the form of increased firing of legally elected urban councils have failed to perform and as the urban councils (e.g. of Mutare, Harare, responsible minister, I am demanding Chitungwiza) by the Minister of Local explanations." The despondence of mayors Government, National Housing and Urban could be portrayed by the different views of Development (MLGPWNH) replacing these by mayors noted below. Kadoma mayor Peter appointed District and provincial administrators Matambo voiced grave concerns, saying service who report directly to central government delivery was being derailed by bureaucracy (cf.Herald,2008),. The 'residual' mayors and within Chombo's ministry. "I do not want to rule councils have been impelled to report to out sabotage given our different political provincial and district administrators who, by their nature, are civil servants. affiliations. Development has been delayed as a result of these clashes." The civil servants have adopted a

confrontational rather than a collaborative Kwekwe mayor Shadreck Tobaiwa said approach to the management of urban councils Chombo was abusing his excessive powers. contrary to the provisions of the existing "This is unacceptable; he wants us to lose the legislation (Kamete, 2002). This is in next elections by creating a false impression that contravention of the principles of we are failing to deliver. I have informed our decentralization and good governance (Johnson MP Settlement Chikwinya to intervene. It's clear and Minis, undated; Joint UNDP Government of sabotage." Germany, 1999; Prakash, 2002; Magnusson, 2006). It is lamentable that in this same period Bulawayo mayor Thaba Moyo said his council of the messy reality of governance in the had nothing to fear and was ready to challenge country the economic melt down in the country any interference and interventions not in the has rendered most of the councils un- interests of the city's residents. "As long as creditworthy to local and international banks, decisions show that they have people's interests leaving the borrowing powers by urban councils at heart, we do not have a problem, but if we see in the hands of central government to the that the move is meant to derail progress then detriment of rapid decision making let alone we stand up and fight," said Moyo. service delivery (cf. Osiche, 2007).

Gwanda mayor Lionel De Necker of the Welshman Ncube-led MDC complained about polarisation and meddling by the minister.

Corruption issues From our own view of point as HRT, we observed that with the policy in place, In an article by Karren Shava (Herald, 6 councillors have secured many residential October 2011) entitled: Zimbabwe: Chombo stands in more than one area," he said. This Grants Councillors Discounted Stands, it is assertion indicates that policies alone could reported that the Minister of Local increase corruption. What is needed in addition Government, Rural and Urban Development, is the management of the policies so that adopted a policy that granted mayors and expected goals are always met. However, the councillors countrywide the authority to acquire policy according to ZANU-PF government was residential stands at concessionary rates. The meant to excite councillors to the extent that policy though has all characteristics of they were supposed to abandon the MDC Party corruption has also tendencies of interfering in and support the so-called progressive ideas of local governments affairs. Chombo.

Shava explaining the information at hand It was thing else but politicking at play. The expressed that attached to the minutes of the HRT’s question was valid to ask where the City of Harare which allowed councillors to buy councillors were going to get many since the stands/land at discounted price, was a circular position is just occupied on part-time basis. dated April 28, 2011 by Killian Mupingo, the However, it should be noted that the Minister secretary for Local Government, Rural and was proposing the policy because himself and Urban Development, addressed to all the friends had already corruptly acquired vast country's provincial administrators, town clerks pieces of land in Harare and other town and and chief executive officers, outlining Chombo's cities. Corruption has no eyes. Chombo might directive. have felt that by adopting the policy councillors Shava (2011) quoted the directive as stating, would overlook his corruption and unnecessary "The Ministry is concerned about the welfare of interventions in urban councils’ activities. councillors to the extent that the Minister has "We are aware that most of the councillors were granted authority to councils to allow sitting unemployed before they became councillors, but councillors access to residential stands at now we have seen that they are now the richest concessionary rates, staggered between 30 people in town. We are not sure if this has percent and 40 percent, depending on the period something to do with the titles they hold." HRT of service,".

Member of Parliament (MDC), Obert Gutu like Harare Residents Trust (HRT) coordinator, many other MDC Party supporters tried to Precious Shumba, according to Shava (2011) distance themselves from the corruption explained that councillors and mayors have happening in the public sector of Zimbabwe. always been accessing residential stands at They blame it osquarely on ZANU-PF led concessionary rates, but noted a disturbing trend governments and institutions. In the Daily News whereby the city fathers were purchasing more (10 April 2013) Gutu states, “Although the than one stand per individual in violation of MDC has expelled several councillors, government policy. Shumba also questioned the including deputy mayor Emmanuel Chiroto, source of funds used to make the purchases as Chombo has refused to expel them from some of the councillors were unemployed. council. Zanu PF has upped the ante against the "Councillors are entitled to one stand in their MDC, attacking councils run by the former wards and whenever they are unable to secure opposition party as havens of corruption. land in their wards; they have access to land in the adjacent wards. © American Research Institute for Policy Development 41 www.aripd.org/ppar Public Policy and Administration Review 1(1); June 2013 pp. 26-48 Jonga

But Gutu says the problem can be traced to MDC- T Buhera Central MP Tangwara Chombo, whom he said interfered in the Matimba in the Financial Gazette (13 October appointment of key council employees and also 2011) indicate his intention to introduce a special councillors. motion to clip Local Government minister Ignatius Chombo's wings by amending the The situation has not been made any better Urban Councils' Act. His Bill is also referred to through the improper and irregular interference as a Private Members Bill. The Bill focus on in the operations of the council by the minister amending the powers of central government of Local Government. In order to protect his over municipalities especially interference by Zanu PF cronies who occupy strategic positions the minister who dabbles in the day to day within the administrative structure of the city running of councils. council, the minister has misused and abused The perception of Matimba is that councils are the wide powers that he has in terms of the supposed to be semi-autonomous. They should Urban Councils Act, to virtually usurp the have the power or authority to made decisions functions of the council as well as sabotaging that affect only areas of their jurisdictions. They any progressive work that the council may be should be able to make small laws like by-laws embarking upon.” and policy that determine development of areas Thus Gutu apportion the major problems of under their administration. In Zimbabwe, local Harare governance on Chombo. However, he governments are sub-structures of central also observed that the failure of the city to raise government created through devolution as a adequate revenues can’t be ignored. Services decentralization concept. provision is dependent strictly on the It is possible that local government when availability of money. Many Cities and towns of properly nurtured, capacitated and funded could Zimbabwe are bankruptcy because of political be good vehicles of promoting democracy in bickering that have left the city fathers, Zimbabwe. They provide platforms at local employees and they the Ministry of Local levels through which the local citizens exchange Government unable to agree on accurate or experiences, ideas, opinions and also participate practical rates that residents have to pay for in decision-making in issues that affect their services provided. Currently all rates have to be lives. Junior politicians have institutions through approved by Chombo who sometimes plays which they are groomed. However, in political games with urban councils’ financing Zimbabwe, the hawkish nature of politicians to project a fake or absent people oriented who desire power than inclusion of citizens in service rates or ideology in urban areas. decision-making has left such institution empty The populist ideas and strategies that at times of power or authority to influence have been adopted by Chombo have directly administration, political and public financial and indirectly affected both ZANU-PF and activities that affect their localities.

MDC Party supporters who have failed to get The national politicians have managed to adequate quantities and qualities of public goods recentralize power that had been decentralised and services. These urbanites have observed between 1980 and 2000. The interferences with helplessly services deterioration since the late local issues has portrayed itself as a result of the 1990s. rise of the Movement for Democratic Change Party and the panic of ZANU-PF Party that is trying to regain control of urban areas by violence or force.

That’s shenanigans or tomfoolery like Bills for example the one introduced by MP introduction of District Administrators, Gonese. Though the MDC Party Members of Governors, councillors representing special Parliament have to follow the rule of law the interests and support of mafia organizations like conclusion that one can arrive at is that the Chipangano has been adopted and support by ruling or the laws used negatively affect good ZANU-PF. Specifically Matimba said that the governance and democracy. The researcher’s amendments would also seek to deal with the view is that the MDC Party members could still issues of special interest councillors and propose go back to these Bills after the expiry of the that councils be made up of only elected Government of National Unity. councillors. Matimba is reacting to past Bulawayo Deputy Mayor Amen Mpofu said it experiences were Chombo has dismissed MDC was a pity that the Urban Councils Act which elected mayors and councils over feeble charges they used as their “bible” was an “unholy and replaced them with commissions. In other bible.” instances, he has appointed special interest councillors only answerable to him. Section 314, which empowers the minister to direct or suspend and rescind resolutions of In an article of the Financial Gazette entitled; councils, was referred to as a notorious clause Zimbabwe: Chombo's Powers to Be Curtailed by Matimba. (26 October 20110) Manyukwe C. quotes Matimba starting, "The current Urban Councils Manyeruke further quotes former Mutare mayor Act leaves a lot to be desired in terms of and now Mutasa South lawmaker, Misheck governance. It is therefore necessary that we, in Kagurabadza who was once sacked by Chombo this august House, as mandated by the commenting on the amendments, "Mayors of constituencies that we represent, have to make the respective cities were removed and what the necessary amendments to ensure that our happened? Nothing took place except the councils are effectively and efficiently (run). . . cholera outbreak because there was no-one to .the present law allows for excessive monitor on behalf of government and report that interference by ministers and the President”. there is a problem. The minister has too much power, he is a warlord."

Radio Dialogue (February 22, 2013) indicates The researcher’s opinion is that the Members of also, “Minister of Local Government, Rural and Parliament view Chombo as the trouble maker Urban Development Dr Ignatius Chombo has in urban councils’ governance. The minister is been blasted for using the Urban Councils Act interfering with local government business to turn himself into a “demi god.” Matimba’s instead of supporting or advising on good opinion is that Chombo is abusing the Act for governance. He is blocking good, transparent his personal gain and not the public well-being and responsible activities and substituting them or for good governance of local government with solutions tantamount to chief or corruption. institutions in Zimbabwe. He is irked by the He has become a political bandit who is random and daily dismissals of MDC interested of the survival of ZANU-PF- come councillors and councils and their replacement what may- at the expensive of the people and with people who are pro-ZANU-PF Party. their rights. st The Zimsituation (31 May 2013) reported that Addressing a rally in Bulawayo Matimba Matimba’s Bill was stopped by the Supreme Court indicated that he intends Urban Councils Act to after it was considered to be violating laws enshrined reduce the powers of Chombo and central the laws particularly those governing the Government of National Unity. The ruling affected government over municipal and town councils also other Private Members’ thereby encouraging democracy at local levels. © American Research Institute for Policy Development 43 www.aripd.org/ppar Public Policy and Administration Review 1(1); June 2013 pp. 26-48 Jonga

Democracy can only be enhanced by The firing of a council according to a Deputy encouraging transparency, responsibility, Secretary in the Ministry of Local Government accountability, participartory decision making was the last and drastic option taken when and adherence to the rule of law. Democracy is services have deteriorated to levels where the governance of the people of the local issues rate payers cannot get value for their money. In affecting their lives. It is deliberative, direct or addition the reason could be rampant corruption representative democracy. Currently in or generally councillors can be fired for Zimbabwe representative democracy is the one mismanagement of the activities of the councils. being abuse by Chombo and similar politicians. To some extent the majority, if not all, urban When elected they automatically become bigger councils that have been fired by the Minister than their voters or constituencies. They stop were dominated by MDC councillors and/or listening to the stakeholders. Decisions that are were under MDC Mayors. made become top-down instead of bottom-up. In actual fact politicians like Chombo have In addition, a number of MDC Mayors have become small dictators in the ministries and been fired and replaced ZANUPF loyalists. Data associated constituencies. available indicates that Commissions have managed Harare and Mutare and that the Mayor Deliberative democracy is handy because of Chitungwiza was fired and replaced by a leaders, politicians and citizens affected ZANU (PF) Party official. Observations also congregate and discuss issues of a local nature indicate that a big number of the appointed without respecting positions held. They are commissioners were not experts in local equal in the meetings. When agreements are government issues but they were only appointed reached the citizens then use their positions to on patronage bases. Thus their target may not be carry people’s opinions to relevant institutions the society they are supposed to serve but to for planning, programming and protect satisfy selfish ends of national politicians. implementations. Deliberative democracy is The Financial Gazette (2 November 2011) relevant if it is used as the stem on which reported that Kwekwe Municipality ignored a representative democracy is grafted and directive from Local Government, Urban and nurtured. Rural Development Minister, Ignatius Chombo,

Arbitrary political appointments and to reinstate embattled city treasurer, Albert protections Zingwe. Zingwe an MDC councillour had been probed by his party for of insubordination and Jonga and Chirisa (2009) in an article; Urban gross corruption and after dismissal his benefits local governance in the crucible: empirical were tendered to him. Kwekwe mayor, overtones of central government meddling in Shadreck Tobaiwa, states, "As of now, Zingwe local urban councils affairs in Zimbabwe point remains fired and we have paid out his terminal out that the introduction of the offices of District benefits through his lawyers and we have sent Administrators (DA) and governors in urban all the relevant documents to the minister, which areas was highlighted by some mayors felt as a validates our decision to fire him and the strategy by government to interfere with their minister is yet to come back to us, so at the operations and to force them also to report to moment the Local Government Board decision ZANU (PF) appointed functionaries. It was stands." revealed that such offices were not provided for in the Urban Councils Act (GoZ, 1996) and also Dispite the Council following expected channels it was unconstitutional. the Minister intervened and tried to force the institution to change its decision.

The paper claims that in July this year, the Local This is because he's involved in corruption with Government Board upheld a full council those councillors, so we are saying ZANU PF resolution to dismiss Zingwe but Chombo can have these people. . . .'We have made our shrugged off the recommendation saying he position clear, unfortunately the law does not needed to first conduct an enquiry on the state allow us to take them out of council...the of affairs at the council. Minister only has the powers to do that but as you are aware Chombo is protecting them. However, Local Government Deputy Minister, Mwonzora further indicated that when MDC Sesel Zvidzai weighed in on the side of council, Party officer are probed by ZANU-PF Party stating that the Local Government Board's sympathisers it is easy to get them dismissed. decision should be upheld. Zvidzai argues, "As When the dismissal is engineered by the MDC far as I am concerned the Local Government Party Chombo always protects the councillors to Board made a decision to fire Zingwe and that get favours and lure them to ZANU-PF. decision still stands. It is now high time we give local authorities powers than is the case where Summary: ministerial instruments of there is interference from the executive and this darkness does not augur well with good governance and Directives are therefore a major tool used by the independence of local authorities to make central government in meddling with issues of a their own binding decisions." The conflict local nature (Herald, 2008). These machinations portrays unreliable Chombo even contradicting traded good governance for political advantages with his deputy. and because of this central government therefore The Herald (5 September 2011) reported that in came very heavy on urban councils thereby the Midlands, Gweru City Council defied a thwarting any remaining elements of freedom, Government directive to reinstate fired chamber good governance, commitment, initiative, etc secretary Mr Richard Masinire.Local among councillors and council employees. For Government Rural and Urban Development example: Minister Ignatius Chombo wrote to Gweru City Council ordering the local authority to reinstate  The Minister ordered a reversal of Mr Masinire. Mr Masinire was dismissed from Harare City Council’s decision on council early this year after an investigating reinstating city council employees committee found him guilty of corruption and (theDirector of Housing, Engineering nepotism. Director and City Treasurer) illegally fired during the management of a According to Tichaona Sibanda, SW Radio commission. Africaon on 3 September 2012 MDC-T spokesman Douglas Mwonzora accused the  The Minister of Local Government Local Government Minister Ignatius Chombo, was the chief determinant of for abusing the Urban Councils Act to protect surcharges and rates.Urban councils corrupt councillors dismissed from their party. could not increase surcharges or rates Mwonzora claimed that this is not the first time without getting permission from the Chombo has protected those dismissed from the ministry.

MDC-T for corruption because he did the same  Divide and rule tactics as a result of with fired Chitungwiza City councillors. bickering or politicking and endless Monzwora states, 'We now have the 12 clashes of senior managers at Town councillors who have been found guilty of House (The Herald, 2006) corruption still being protected by the same Minister.  © American Research Institute for Policy Development 45 www.aripd.org/ppar Public Policy and Administration Review 1(1); June 2013 pp. 26-48 Jonga

 The majority of urban councils were The urban councils amendment bill 2011 charging sub-economic rates to and new constitution (2013) consumers because of ministerial interventions (The Manica Post, 2006). The Newsletter from the Prime Minister’s Office, 7 December (2011:3) indicates that the  Firing of councillors. Bhuhera Central Member of Parliament

 Abolition of the office of the executive Tangwara Matimba crafted a Bill intended to mayor. amend the current Act. Some of the amendments include:  Introducing District Administrators and metropolitan governors (specifically for Harare and Bulawayo) (1) Abolition of the Minister’s powers to in urban areas. give policy directives to councils,

 Central government failed to honour (2) To abolish the Minister’s powers to payment of its debts even in the reverse, suspend and rescind resolutions Zimbabwe dollar currency (abandoned and other councils’ actions,

in 2009). Respondents argued that with (3) To stop the Minister from ordering urban the economic meltdown, the ministries councils to make certain by-laws or to no longer care about their indebtedness adopt particular model by-laws, to city councils (TERUM, 2009:174). (4) To stop the Minister from ordering two The intervention of the Ministry is excessive or more councils to provide combined and it stifled innovativeness, especially in service, councils’ debates. As a result most urban councils are reduced to bankruptcy and inability (5) To stop the Minister from vetoing to provide social goods and services to the rate councils’ by-laws and only allow payers. The overall degeneration is evidenced him/her to have limited say over the design of such laws, by poor roads, lack of clean water, lack of capacity to collect garbage and decay of other (6) To control the powers of the Minister sectors. What is surprising is that Zimbabwean over the suspension and dismissal of politicians are proud of themselves and of councils and to allow immediate leading a country ravaged of resources, devoid investigations to take place and be of investment, stagnant, marooned its own completed within 60 days. The Minister currency and notorious of political motivated has to apply to the High Court to dismiss violence and murders. a council if investigations reveal adequate grounds for that, The politicians particularly from ZANU-PF Party commonly blame colonialism and (7) To stop the Minister’s powers to confer exonerate themselves from poor governance, and remove council’s responsibility to economic mismanagement and natural resources administer a certain local government plunder. The ZANU-PF politicking has left area, changing a council’s area and Zimbabwe impoverished and in misery. abolishing a council, However, the same none reforming and none (8) To make sure that every mayor is an repenting cling to power and promise the elected councillor, and citizens that they want to initiate development after failing for more than thirty years. (9) Remove the Minister’s power to approve auditors before being hired by the urban councils. © American Research Institute for Policy Development 46 www.aripd.org/ppar Public Policy and Administration Review 1(1); June 2013 pp. 26-48 Jonga

The proposed amendments are based on It is also true that Zimbabweans are subjected to the assumption that the Minister of Local different competing views portrayed by a big Government has been given too much number of newspapers that are being published. power in the current Urban Councils The information and newspapers quoted in this Act. The opposition parties perceive write up do not necessarily cover everything. such powers as being abused by the They are just the tip of the iceberg. ZANU-PF Government. It has be noted in the discussion that the The new Constitution approved in May 2013 Minister of Local Government is absolutely has clipped further the wings of Minister empowered by the Urban Councils Act to Chombo. The Daily News (27 May 2013) states intervene in any local issue if he wants to be that the new Constitution has done away with involved. powers used by Local Government minister Ignatius Chombo to fire mayors and councillors The pater just highlight a few of the countrywide. It further alleges that the Zanu PF interventions some of wich are progressive and minister has fired dozens of elected councillors, the majority of which were meant to punish the mainly those elected on the MDC ticket and MDC Party officers and promote in the process replacing them with handpicked commissioners the ZANU-PF Party standing in the political and special interest councillor sympathetic to arena. The paper has also argued that these ZANU-PF political gimmicks. interventions have impacted negatively on the urban governance. The allegations are that the The Daily News expresses: “According to Commissions, special interest councillors and Chapter 14, section 278 (2) of the new other personalities politically appointed by Constitution, an independent commission will Chombo have also failed to bring the fortunes of be sorely responsible for the removal of the these municipalities back. In many cases the mayor, councillor and chairperson of a local situation has worsened because after dismissals authority from office. An Act of Parliament of councillors and mayors the replacements are must provide for the establishment of an politically determined. One would have thought independent tribunal to exercise the function of the Minister and his crew was going to use removing from office mayors, chairpersons and expertise to replace failing political officers. councillors…”

Despite the recent decision of the Supreme It is thus unfortunate that in Zimbabwe in many Court the ideas of Matimba as far as the urban areas the communities are not happy researcher is concerned were noble if not about the services they are getting. There is progressive. The researcher hopes if an MDC filthy and squalor in the cities, potholes, Party member becomes Minister of Local sewerage pipes burst, incidents of cholera and Government, this Bill needs to be revisited for typhoid, lack of clean water or unavailability of the sake of amending the Urban Councils Act to water, lack of adequate transportation, promote democracy, accountability, congestion of city centres because business transparency and good governance. people are recycling old building and no new developments are being done, unavailability of Concluding remarks houses particularly for the poor, none renewal of

The level of literacy is significantly high in the urban areas thus many of the municipalities Zimbabwe to the extent that the citizens are look like ghost towns because of lack of renovation, etc. informed about the way urban councils are governed in Zimbabwe.

The researcher thus concluded that democracy is Party politicking therefore has led to the lacking seriously in Zimbabwe. deterioration of governance in the urban councils. Serious reforms that will capacitate councillors so that they are able to counter the machinations of the Minister are critically needed.

References

Jonga, W. and Chirisa, I. 2009. “Urban Local Bulawayo 24 News, (27 March 2013) Governance in the Crucible: Empirical Daily News Paper (10 April 2013) Overtones of Central Government Financial Gazette 26 October 20110 Meddling in Local Urban Councils Financial Gazette (2 November 2011) Affairs in Zimbabwe” in Theoretical and Financial Gazette (13 October 2011) Imperical Researches in Urban Financial Gazette (23 March 2012) Management Number 3 (12). Pp 174. Financial Gazette of 8 August 2012 The Herald (2008, 30 September). Zimbabwe Radio Dialogue (February 22, 2013) mayors accuse minister of meddling in SW Radio Africaon (3 September 2012) municipal politics. Zimpapers, Harare. The Daily News (27 May 2013) The Manica Post (2006, 3-¬9 February), The Herald, (2006) Zimpapers, Mutare The Herald, (2008) UCAZ. 2003a. Councillors Induction Training The Herald (5 September 2011) Programme 9 September-3 October The Herald, (6 October 2011) 2003, Harare, (Unpublishedreport). The Herald (28 January 2012) UCAZ. 2003b. Good Urban Governance, The Herald (7 February 2012) Harare, (Unpublished report). The Herald (9 February 2012) UNCHS 1996. An Urbanizing World: Global The Herald (9 March 2012) Report On Human Settlement, UN, The Herald (18 July 2012) Nairobi. The Herald (21 June 2012) UNDP. 2000. Zimbabwe Human Development The Herald, (22 June 2012) Report, Harare.E34E34 The Herald (24 November 2012) GoZ (GovernmentofZimbabwe).1996. Urban The Herald (26 March 2012) Councils Act Chapter 29:15, The Herald (29 March 2012 Government of Zimbabwe: Harare. The Herald (16 January 2013 The Manica Post, (2006) Newspapers The Newsday (11 February 2013) The Newsletter from the Prime Minister’s allAfrica.com, (13 August 2012) Office, 7 December (2011:3) allAfrica.com, (13 October, 2011) The Standard Newspaper (8 April 2012) Bulawayo 24 News, (9 January 2013) The Zimsituation (31st May 2013) Bulawayo 24 News (01 February 2013) Zimbabwean Independent Newspaper (30 Bulawayo 24 News, (17 January 2013) March 2012 ) Bulawayo 24 News, (February 22, 2013) Bulawayo 24 News reported (23 February 2013) Bulawayo News Agency (28 February 2013) Bulawayo 24 News Agency (22 March 2013) © American Research Institute for Policy Development 48 www.aripd.org/ppar