Survey on Local Governance and Constitutionalism in Zimbabwe (original) (raw)
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International Journal of Scientific and Research Publications, 2021
From the inception of the independence of Zimbabwe in 1980 to May 2013, the Lancaster House Constitution was governing Zimbabwe. This document was basically regarded as a negotiated document which provided for the transition to black majority rule from the white colonialism. The Lancaster House Constitution was subsequently criticized for failing to meet the standards of contemporary democratic ideas and practices. The major political parties of the Government of National Unity (GNU) conducted a disputed constitution-making process that resulted in the 2013 Zimbabwe Constitution. In local governance the new constitution was hailed as ushering in a new era. The effects of the provisions of Zimbabwe's 2013 Constitution on strengthening citizen participation and good governance was critically examined in this research. Contrary to the provisions of the constitution, the central government has not given local governance powers to the people to enhance good governance and citizen participation. Local government legislative matters not aligned with the Constitution, as well as the central government's lack of political will, are cited in this article as reasons for delays in the implementation of the Constitution's provisions on local governance.
ZIMBABWE CONSTITUTION (2013) AND ITS IMPLICATIONS ON LOCAL SELF- GOVERNMENT
The paper analyses provisions relating to local governance in the recently adopted Zimbabwe constitution. The primary question is whether the architecture of local governance under the new constitution is consistent with the principles of autonomy, resource adequacy, and clear demarcation of roles and responsibilities that underpin local self-governance. Does the constitution provide for enhanced local self-government? The new constitution recognizes local government, potentially promoting local self-governments as autonomous spheres of government. The rural and urban councils enjoy constitutional rights to raise revenue and enact legislation at the local level. The provincial councils have limited self-governance capacity as they lack significant legislative powers and authority to generate own revenue. A novel aspect is that local governments are guaranteed at least five per cent of the national budget expenditure in each year – enhancing financial autonomy and promoting local self-governance. However, given the unclear demarcation of responsibilities between the various levels of government, the adequacy of the five per cent of national budget dedicated to local governments cannot be ascertained. Consistent with the principles of local self-government, political appointees are replaced by elected officials under the new constitution.
Local governance institutions are poised to foster development in Africa as they are at the centre of people participation. In Zimbabwe, the local governance sector is positioned to stimulate good governance and development, courtesy of the decentralization policy adopted by President Mugabe at independence in 1980. Since then, decentralized local authorities strived to service all areas under their jurisdiction adequately. However, the new millennium saw deterioration in service provision by Local Authorities largely due to the socio-economic and political dynamics and dimensions enveloping Zimbabwe. Such problems manifest themselves through downward trend in water supply; refuse collection; greening, and deterioration of educational and recreational facilities. Gweru city is one of such cities in Zimbabwe hit by local governance challenges even after the introduction of the multicurrency regime in 2008. The unique socio-economic and political stability ushered in by the GNU in Zimbabwe did not commensurate with deteriorating service delivery standards in cities. Through the use of literature review, observations, interviews and questionnaires, the study highlights the following governance challenges; corruption, political interference, incompetence and negation of residence to be behind poor service delivery in Gweru city during and after the Government of National Unity epoch (2008-2013). The paper recommends the alignment of governance laws and local authority laws with the Constitution of Zimbabwe Amendment (No.20) Act 2013.
Zimbabwe's New Constitution and Local Government: Implications for Central-Local Relations
The process of political and administrative decentralization in Zimbabwe with a view to creating autonomous local governance expended much rhetoric. Current local government problems arise from the structure and nature of centre-local relations. Local governments’ capacity has been severely affected by conflict, political interference, “bankruptcy decentralization” (without transfer of resources, competencies and decision making authority to local level), corruption, low citizen participation and lack of accountability. This background necessitates the need to redefine and change centre-local relations. This article advocates for redefining centre-local relations to embrace the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 which provides for devolution of powers and functions to local government. A brief local government history of Zimbabwe introduces the treatise followed from a conceptual perspective on local governance and centre-local relations. The conceptual framework provides the rationale for a devolved, strong local government based on pillars of efficiency, accountability, manageability, and autonomy. Drawing from the changing landscape of central-local government relations since the onset of the Zimbabwean crisis in 2000, the paper responds to the following question: What changes need to be made at both local and central government level so that the former operates autonomously? The envisaged reforms are targeted at planning, budgeting, human resources and expenditure and service functions which are the fulcrum of the local government system.
Citizen Participation and Local Democracy in Zimbabwean Local Government System
For the last twenty years, the concept of citizen participation and local democracy has largely been used in the local government discourse. These concepts are heavily related to the rights of citizens and democratic governance. Linking citizen participation to local government raises fundamental and normative questions about the nature of democracy and the skills and strategies for achieving it. This paper seeks to explore literature related to the dynamics and avenues of citizen participation and local democracy in Zimbabwean local government system. Factors which promote citizen participation and local democracy will be discussed including the issue of local government elections, participatory budget in local authorities, consultative forums, public hearings, existence of civil society organisations as well as the formal structures which exist within the local government institutions.
Increasing participatory space in Zimbabwean local governance democracy
African Journal of History and Culture, 2019
The purpose of this paper is to unpack the extent to which citizen participation has been enhanced in local governance in Zimbabwe. The paper points out that citizen participation in local governance have proved to be of significance to all decision-making processes. Legislative provisions guiding citizen participation in local governance in Zimbabwe are prescribed in the Urban Councils' Act of 1996 which seeks to involve citizens, through Residents Associations and other institutions. In addition, sections of the Constitution of Zimbabwe, which provide for citizen participation were given in the paper. The author concluded that the commandist approach to governance, a mind-set of the liberation movement, has spoiled citizen participation in Zimbabwe.
THE POLITICISATION OF LOCAL GOVERNMENT IN ZIMBABWE
Strategic Review for Southern Africa, 2023
This article analyses local government politics in Zimbabwe. The political scene in Zimbabwe changed drastically in the year 2000 with the formation of the Movement for Democratic Change (MDC). The party threatened the ruling Zimbabwe African National Union-Patriotic Front's (ZANU PF) political dominance and this resulted in ongoing conflict, with the ruling party using its power at central government level to frustrate the opposition that often dominated local government. Several events such as the clean-up operation in 2005 and the 2008 cholera outbreak in Zimbabwe were indicative of a governance system that had been politicised, with negative effects on citizens' lives. A watershed moment occurred in 2013 when a new constitution was introduced and for the first time since independence, local government was recognised. One of its key tenets is devolution of power to local communities. However, due to the polarised nature of politics in Zimbabwe, very little has been done to implement this principle, as the ruling party regards devolution as a threat to its political influence. The article argues that creating and fostering a democratic society in Zimbabwe will ensure that devolution is implemented, and that citizens will have a say in how their communities are governed.
This paper provides a kaleidoscopic description and explanation on the challenges and problems associated with Zimbabwe’s governance terrain after the many years of political polarisation, economic crisis and social mistrust characterising the country. The present situation puts the whole debate of devolution as provided for in the new Constitution, to precariousness. The central thematic issues that this paper seeks to address are legality, constitutionality, and social, economic and spatial marginality that are likely to continue if the state remains stuck in erstwhile practices hence unwilling to move to redress that imbalances the characterise the nation today. This paper emanates from the fact that there is dearth of current literature in Zimbabwe on issues of decentralisation and constitutional issues. We use textual and discourse analyses to describe and explain this strands of debate in this present discussion. The article also adopts documentary review, where the Zimbabwean Constitution was assessed with the aim of exposing the intentions on devolution. From this study, it become clear that a big lacuna exists between constitutional intends and practice. The citizen participation notion is one that has not been implemented as the intensions on devolution have not been operationalised. The paper recommends political will on the part of the central government to implement the provisions of the New Constitution as a way of enhancing citizen participation, democratic governance and human rights promotion.
The Institution of Traditional Leadership and Local Governance in Zimbabwe
International Journal of Civic Engagement and Social Change
This article describes how traditional leaders play important developmental, administrative and political roles in rural areas, despite modern state structures. They regulate rural life, control access to land, and settle various disputes. They are respected leaders in their communities. The existence of traditional leaders means that both the decentralisation and the strengthening of local governance are not taking place in a vacuum. Documentary sources such as the Constitution of Zimbabwe; the Traditional Leaders Act (2000) and Chiefs and Headmen Act (1982); newspapers and unpublished non-governmental organisations (NGOs) evaluations and reports were used in this article. Traditional leaders have played a pivotal role in ensuring that the ZANU-PF government remains in power since 1980. In principle, traditional leaders should not be drawn into party politics and their role should remain one of the neutral leadership. If the traditional leader assumes a party-political role, one sh...
Local Government in the 2013 Constitution of Zimbabwe: Defining the Boundaries of Local Autonomy
Hague Journal on the Rule of Law
The 2013 Constitution of Zimbabwe recognises local government as the lowest tier of government in a three tier arrangement. Thus, local government, composed by urban and rural local authorities, now owes its existence directly to the Constitution and not to legislation as was the case under the previous constitutional order. The Constitution assigns to local authorities the responsibility to 'manage' and 'represent' the affairs of people in their respective areas. Every local authority is given the 'right to govern' its jurisdiction with 'all' the necessary powers to do so, including devolved powers. Thus, the Constitution recognises that, for the benefits associated with decentralisation to be realised, local authorities require a certain measure of local autonomy. The autonomy which this Constitution affords to local government is however unknown and unexplored, especially from a constitutional law point of view. In this article, we measure the degree of local autonomy guaranteed by the 2013 Constitution.