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Local Government Reform in Zimbabwe a Policy Dialogue

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Local government reform in Zimbabwe A policy dialogue Edited by Jaap de Visser, Nico Steytler and Naison Machingauta State, Peace and Human Security Studies Local government reform in Zimbabwe A policy dialogue Edited by Jaap de Visser, Nico Steytler and Naison Machingauta Community Law Centre 2010 PB | Local government reform in Zimbabwe: A policy dialogue The State, Peace and Human Security Programme of the Community Law Centre (University of the Western Cape) conducts research and provides policy advice on state efficiency, human security and peace building in Africa. It focuses on the role of decentralisation and federalism in enhancing the efficiency of African states, in building sustainable peace in post-conflict regions and improving human security on the continent. It does this through doctoral research programmes, a Masters Programme, applied research and policy advice to governments. State, Peace and Human Security Studies is a series containing the results of applied research conducted by local experts. Community Law Centre University of the Western Cape Modderdam Road Bellville 7535 South Africa +27 21 959 2950 [email protected] © 2010 Community Law Centre (University of the Western Cape). No part hereof may be reproduced without the written consent of the Centre. ISBN: 978-1-86808-708-2 Design and layout: Page Arts cc Printed by Mega Digital Cover photograph of Samora Machel Road, Harare: Annette May Financial support was provided by the Interchurch Organisation for Development Cooperation, the Austrian Development Cooperation (through the Gemeinnuetzige Entwicklingszusammenarbeit GMbH) and the Ford Foundation. Austrian Development Cooperation iii ii Local authorities and traditional leadership: John Makumbe | Contents Foreword v Opening speech ix Abstracts xiii Chapter 1: Can local government steer socio-economic transformation in Zimbabwe? Analysing historical trends and gazing into the future 1 Kudzai Chatiza 1. Introduction 1 2. History of local government and highlights of law reform 3 3. Contextualising local government in Zimbabwe 7 4. Civil society organizations and local government 17 5. Local government’s developmental potential 21 6. Key issues for law reform 22 7. Conclusion 25 Chapter 2 Local government institutions and elections 31 Stephen Chakaipa 1. Introduction 31 2. Provincial councils 34 3. Urban local government 35 4. Rural local government 43 5. Traditional leaders and local governance 48 6. National institutions supporting and regulating local government 54 7. Elections for local government 59 8. Local government operational challenges and the way forward 62 9. Conclusion 68 Chapter 3: Sources of local government financing 71 Boniface Coutinho 1. Introduction 71 2. How do local authorities finance their activities? 72 3. Significance of the various revenue sources 77 4. Sources of funding of local authorities 81 5. The main expenditure drivers 83 6. Do local governments adopt their own budgets? 84 7. Need for policy or law reforms 85 iii ii | Local government reform in Zimbabwe: A policy dialogue Chapter 4: Local authorities and traditional leadership 87 John Makumbe 1. Introduction 87 2. Relationships between local and traditional authorities 88 3. Trends in other countries 94 4. Vision 98 5. Conclusion 99 Chapter 5: The powers and functions of local government authorities 101 Shingirayi Mushamba 1. Introduction 101 2. Defining local government in Zimbabwe 102 3. Organization of local government in Zimbabwe 102 4. Powers and functions of local government in Zimbabwe 104 5. Discretion: assessing local government powers versus the presidency and the minister 113 6. Stakeholders’ consensus on powers and functions of local government 117 7. Areas for policy and legislative reform 120 Chapter 6: Supervision of local government 139 Naison Machingauta 1. Introduction 139 2. The legal status and role of local government in Zimbabwe 141 3. Monitoring 142 4. Intervention in local government 144 5. Assessment 149 6. Recommendations for policy and law reform 149 7. Conclusion 150 v iv Foreword | Foreword This publication is the result of a collaborative research project of South African and Zimbabwean academics and practitioners active in the field of local government. On 3-4 November 2009 the Community Law Centre hosted a seminar entitled “Policy Dialogue on the Future of Local Government in Zimbabwe”. A diverse spectrum of local government practitioners was assembled to discuss issues related to local government in Zimbabwe. The seminar was officially opened by the Minister of Local Government, Rural and Urban Development, Hon. Ignatius Chombo MP whose opening speech is included in this book. The seminar was structured around six critical themes relating to local government, namely socio-economic transformation, local government institutions and elections, local government financing, traditional authorities, local government functions and supervision of local government. Six esteemed authors from Zimbabwe prepared and delivered position papers on the above subject matters against the background of comparative comments from South African academics. Their contributions have been consolidated in this book. In the opening paper, Kudzai Chatiza describes the historical context of the development of local government in Zimbabwe and situates the current debate for local autonomy within this context. He traces the historical origins of local institutions - the establishment of the first local government authority in 1891 and the subsequent racial policies and institutions. He shows how the liberation movements mobilised citizens against local government institutions and programmes which symbolised colonial oppression. After independence and specifically after 1999, Chatiza argues that the democratisation processes were at first successful at local government level where independent and opposition candidates were elected as councillors. However, the susceptibility of local government to be captured by opposition forces, has led the central government to limit its powers. This, he argues has derailed local government consolidation as a functioning democratic institution, destroying in the process local government identity and capacity. This has resulted, Chatiza points out, in civil society organisations creating parallel structures which often out compete local authorities in the provision of services. Given this socio-political context, Chatiza explains how the argument for the constitutionalisation of v iv | Local government reform in Zimbabwe: A policy dialogue local government in the current constitutional reform processes is aimed to deal decisively with local government’s subjugation to the form and political orientation of the central government. Constitutionalisation is thus seen as critical to entrenching local government as an administrative and political space for citizens. Stephen Chakaipa’s paper on local government institutions and elections gives a comprehensive overview of the various institutions involved in the shaping and operation of local governments. It also further adds a detailed picture of local government elections. The local government institutions include the democratically elected institutions in urban and rural areas. In the latter areas they are complemented by the traditional authorities, a topic that is further explored in John Makumbe’s paper. Then there are the non-elected provincial councils that serve merely as administrative units of the central government. There are also an array of central government institutions involved in the regulation and supervision of local governments, namely, the Local Government Board, the Local Government ministry and the Local Government Portfolio Committee of Parliament. The third set of institutions that are discussed are those that support local governance, including local government associations, the Municipal Development Partnership (MDP), citizens/residents associations, NGOs (including those dealing with rural local government such as CAMPFIRE) and tertiary institutions providing training. Chakaipa concludes by highlighting a number of challenges. Municipalities face serious financial difficulties and will have to reduce their budgets and tariffs if they wish to get the cooperation of the residents in payment service fees. With the abolition of the executive mayor, it would appear that tensions exist between the now more ceremonial mayor and the powerful town clerk. Although there are elaborate planning systems, the links between the various plans and the budget are weak. There is an overriding influence of national government over local affairs. The national ministry has extensive powers over day-to-day decisionmaking. Chakaipa, then, recommends the revision of the legal framework for local government by constitutionalising the principle of decentralisation, the objectives of local government, the competences of local government, and the funding of local government. Given Zimbabwe’s overall perilous financial state, local governments have not been spared. In his chapter Boniface Coutinho outlines the sources of local government revenue as well as how almost all local authorities have faced insurmountable challenges in raising enough funding to ensure effective service delivery ever since independence. He shows that most of the challenges revolve around the failure to ensure effective financial management systems resulting in levying sub-economic tariffs, the failure to ensure cost recovery on essential services, the failure
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