Ten reasons why Zimbabwe needs a new policy on provincial and local government

Zimbabwe’s new Constitution is also changing the landscape for provincial and local government in Zimbabwe, albeit less drastically than the 1996 Constitution did in South Africa. Still, there is now a need for policy on provincial and local government in Zimbabwe. Given the limited time left before the first elections, this policy is urgent but, we argue, should not be rushed through before the elections. We focus at some of the key changes and provide ten reasons why a new policy on provincial and local government is required.

1. The existence of provinces and local authorities is now protected by the Constitution
The Constitution lists and names all provinces. They cannot be abolished except by way of constitutional amendment. Parliament will have to regulate how local authorities are established but local government as a concept is protected by the Constitution.
2. Ten provincial councillors will now be directly elected
For the first time in the history of provincial governance in Zimbabwe, 10 members of each provincial council will be directly elected under a system of proportional representation. This will make provincial councils more representative. However, the rest of the members of provincial government will be indirectly elected. Changes to the electoral laws are thus urgently needed.
3. MPs will now be members of provincial councils within their provinces
Besides being members of the national Parliament, MPs are now also members of the provincial or metropolitan council where their constituency is. Among other benefits, better coherence in the formulation and implementation of national and provincial policies is expected out of this arrangement but policy and legislation is needed to guide the role of these MPs.
4. The Constitution suggests that provincial councils will become more important
The Constitution gives provinces (and metropolitan councils) more powers. In addition it suggests that government allocates even further powers to them. Should they become fully fledged tiers of government with law making and executive functions, like South Africa’s provinces? Or will they continue playing a somewhat weaker planning role, given the fact that they are mostly not directly elected?
5. Local government elections will never be the same
The new Constitution now demands the direct election of councillors by voters. Gone are the days when the Minister could appoint individuals to be councillors. However, the current laws still provide for this role and must therefore be amended.
6. The Constitution promises more money for provincial and local government
In a seemingly bold statement, the Constitution guarantees provincial and local government at least 5% of all revenue raised by the national government. This guarantee will go a long way in complementing local revenues (such as property rates and fees for services). However, 5% of what exactly? Furthermore, once the 5% for provincial and local government has been determined, who gets what? How is the 5% divided between the various local authorities? A transparent policy is needed, based on Zimbabwe’s needs for a fair division of resources across the country.
7. The Constitution may just bring executive mayors back
The directly elected executive mayor was abolished in 2008 by the ZANU-PF led government citing the need to promote administrative efficiency, mismanagement and abuse of power but arguably also inspired by the rise of strong MDC mayors. However, it may very well be on its way back. The new Constitution gives Parliament the discretion to determine whether to reintroduce executive mayors or not. A range of questions must be answered, though, to equip Parliament to make the right decision. Are directly elected executive leaders good for local government? Will they indeed make local authorities more accountable and will they improve efficient, visible leadership? Do all local authorities need them or only a certain category of local authorities?
8. The Constitution no longer allows the Minister to fire councillors
The Minister of Local Government may no longer fire councillors, mayors and chairpersons of local authorities. The Constitution empowers an independent tribunal to do this. This is a victory for local democracy but requires policy and legislation to establish this tribunal.
9. The President no longer appoints and fires governors
The powers of the President to appoint chairpersons of provincial and metropolitan councils (formerly provincial governors) are a thing of the past. The chairperson is now appointed by the provincial council from a list of names submitted by the political party with the highest number of parliamentary seats in that province. The mayors of Harare and Bulawayo automatically become chairpersons of the metropolitan councils in which there cities are. This is one of the reasons why the mayors of these two cities have to be given executive decision making powers. The President also no longer dismisses them from office. This power is reserved for an independent tribunal. Again, a victory for local democracy but a huge area for policy development.
10. Broad reforms are needed to inline with the constitutional ‘spirit’ of devolution
The new Constitution sees provincial and local governments as tiers of government and not as extensions of national government. It recognises national, provincial and local government. It also instructs the national government to devolve further powers and functions if appropriate. This aspect of the new Constitution requires the reform of the relationship between tiers of governments in Zimbabwe which is now no longer a strictly centralised state. Given that it may very well be that neither ZANU-PF nor MDC will land absolute majorities throughout all three tiers of government, this will be critical for future stability. The rules, governing the relationships between the various tiers of government then become critically important for ensuring sustainability after the elections. However, this broad review cannot be done justice before the ‘do or die’ harmonised elections.

Authors: Prof Jaap De Visser and Tinashe C Chigwata, Multi-Level Government Initiative Community Law Centre (UWC)

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