UNIT 8

OVERVIEW OF LOCAL GOVERNMENT LAW IN ZIMBABWE

8.1 Introduction
The legal status of local government within the structure of government in Zimbabwe has
always attracted much public interest. This is evident from the number of cases that have come
before the courts to determine the jurisdiction of local government over issues where it operates
in a functional area concurrently with the other spheres of government (that is, provincial and
central). The reason for the large measure of public interest is that the evolution of the status
of local government from having been under the full control of the central government to
becoming a fully-fledged sphere of government constitutes a substantial change from the
position under the pre-2013 constitutional dispensation. The 2013 Constitution now provides
for local government under Chapter 3, Part 3. This unit gives an overview of local government
law in Zimbabwe. It defines the concept. In addition, we discuss the functions of urban local
authorities and local authorities for rural areas. The status and limitation of powers of local
government are also discussed.
8.2 Unit objectives
By the end of this Unit, you should be able to:
 describe what local government is.
 discuss the purpose of local government.
 differentiate urban local authorities from local authorities for rural areas.
 explain the hierarchy of local government in Zimbabwe and its relationship with
central government.
 describe the status of local government and limitations of powers of local government.
 describe organs of the state that exercise state authority over other functionaries or
individuals.

8.3 Defining local government

Local government is administration locally by elected bodies whose functions are conferred
upon them by the Constitution (Feltoe, 2017). Dele Olowu (2009), defines local government
as the establishment of participatory and democratically elected structures that can identify
with the needs of the people at the grassroots level and ensure the translation of those needs
into the actual programmes and projects and maintenance of essential services. He further states
that decentralisation of government powers allows "self-governance at local level
by transferring powers to local authorities to govern, subject to safeguards against
misappropriation of finances and abuse of power and spelling out of interrelationship with
central government. Local government thus is a form of de-centralised administration. Local
government institutions play a key role in urban and rural development. The Ministry that is in
charge of local government is the Ministry of Local Government and Rural and Urban
Development.
Decentralisation must be distinguished from the concepts of deconcentration and delegation.
Deconcentration is the distribution of powers and responsibilities among different units or
levels within central government. The distribution of powers and responsibilities occurs within
the hierarchy of central government. Delegation refers to the transfer of responsibility for
specifically defined functions to structures outside local government. These structures are
allowed wide discretion but subject to indirect control by central government. Central
government can withdraw a delegated power but it cannot exercise the same power when this
power is being exercised by the delegate.

8.4 Devolution policy under the 2013 Constitution

Section 264 of the new Constitution sets out the broad policies relating to the devolution of
government powers and responsibilities. It provides as follows:

264 Devolution of governmental powers and responsibilities

(1) Whenever appropriate, governmental powers and responsibilities must be devolved
to provincial and metropolitan councils and local authorities which are competent to
carry out those responsibilities efficiently and effectively.
(2) The objectives of the devolution of governmental powers and responsibilities to
provincial and metropolitan councils and local authorities are—
(a) to give powers of local governance to the people and enhance their participation in
the exercise of the powers of the State and in making decisions affecting them;
(b) to promote democratic, effective, transparent, accountable and coherent government
in Zimbabwe as a whole;
(c) to preserve and foster the peace, national unity and indivisibility of Zimbabwe.

8.5 General principles of provincial and local governance

Section 265 of the 2013 Constitution provides some general principles of provincial and local
governance. It provides as follows:
265 General principles of provincial and local government
(1) Provincial and metropolitan councils and local authorities must, within their
spheres—
(a) ensure good governance by being effective, transparent, accountable and
institutionally coherent;
(b) assume only those functions conferred on them by this Constitution or an Act of
Parliament;
(c) exercise their functions in a manner that does not encroach on the geographical,
functional or institutional integrity of another tier of government;
(d) co-operate with one another, in particular by—
(i) informing one another of, and consulting one another on, matters of common
interest;
(ii) harmonising and coordinating their activities;
 (e) preserve the peace, national unity and indivisibility of Zimbabwe;
(f) secure the public welfare; and
(g) ensure the fair and equitable representation of people within their areas of
jurisdiction.
(2) All members of local authorities must be elected by registered voters within the
areas for which the local authorities are established.
(3) An Act of Parliament must provide appropriate mechanisms and procedures to
facilitate co-ordination between central government, provincial and metropolitan
councils and local authorities.

8.6 Structures of local government

Central Government
Provincial Councils (Metropolitan and Non-Metropolitan)
Local Government
Urban Councils
Rural Councils
Communal lands
Traditional leadership by chiefs
Ward Development Committee
Village Development Committees

8.6.1 Provincial Governance

The new Constitution provides for a new system of Provincial Governance through Provincial
Councils. Harare and Bulawayo will have Metropolitan Provincial Councils (section 268 ). The
other eight provinces will have Provincial Councils (section 267). The Provincial Councils will
be constituted as follows:

Metropolitan Provincial Council (Non-metropolitan) Provincial Council

Chairperson elected by Provincial Council

from 2 persons submitted by the party
Chairperson Mayor of Harare or Bulawayo with the highest number of National
Assembly seats in the province or highest
number of votes
 The mayors and deputy mayors and the
chairpersons and deputy chairpersons of all local Senators elected in the province
authorities in the province.

The two senator chiefs elected in the

The Senators elected from province
province

The president and deputy president of the

National Council of Chiefs, where their
areas fall within the province

Constituency Members of National

Constituency Members of NA in the province
Assembly in the province

Women Members of National Assembly(NA) Women Members of National Assembly

elected from province elected from province

The mayors and chairpersons of all urban

and rural local authorities in the province

Ten persons elected by a party-list system.

8.6.2 Functions of Provincial Councils

Section 270 of the Constitution sets out the functions of these Councils. They are responsible
for the social and economic development of their provinces. This responsibility includes:
 planning and implementing social and economic development activities in their
provinces;
 co-ordinating and implementing governmental programmes in the province;
 planning and implementing measures for the conservation, improvement and
management of natural resources in the province;
 promoting tourism in its province, and developing facilities for that purpose;
 monitoring and evaluating the use of resources in its province; and
 exercising any other functions, including legislative functions, that may be conferred or
imposed on it by or under an Act of Parliament.
Section 270(2) of the Constitution provides that an“Act of Parliament must provide for the
establishment, structure and staff of provincial and metropolitan councils, and how they
exercise their functions.”

Section 270(3) deals with accountability of the members of these councils. It provides that the
members are accountable, collectively and individually, to residents of their province and the
national government for the exercise of their functions. The new system of devolution to
provinces can only come into operation after the legislature passes the necessary legislation
setting out in detail how the new system is to work. There must be active citizen participation
when designing the form and content of the new system of devolution.

8.7 Status of Local Government

Local government in Zimbabwe is divided into urban local authorities (s274 of the
Constitution) and local authorities for rural areas (s275 of the Constitution). The functions of
local authorities are set out in section 276 of the Constitution which provides as follows:
(1) Subject to this Constitution and any Act of Parliament, a local authority has the right
to govern, on its own initiative, the local affairs of the people within the area for which
it has been established, and has all the powers necessary for it to do so.
(2) An Act of Parliament may confer functions on local authorities, including—
(a) a power to make by-laws, regulations or rules for the effective administration
of the areas for which they have been established;
(b) a power to levy rates and taxes and generally to raise sufficient revenue for
them to carry out their objects and responsibilities.

8.7.1 Local Authorities for Rural Areas

In 1988, the Rural Districts Council Act [Chapter 29:13] was passed. This Act repealed the
Rural Councils Act and the Districts Councils Act. Its main purpose was to replace the dual
system of local government in rural areas with a single unified system of local government that
would apply in all rural areas. By-laws and regulations made by the former rural and district
councils remain in force until the successor rural district councils repeal them. The Rural
District Act as amended by the Local Government Laws Amendment Act is still the mainstay
of the law regulating local authorities in rural areas. The 2013 Constitution now makes
provision for local authorities for rural areas. It provides as follows in section 275:
(1) There are rural local authorities, established in accordance with this section, to
represent and manage the affairs of people in rural areas.
(2) An Act of Parliament must provide for—
(a) the establishment of rural local authorities;
(b) the election, by registered voters in the rural areas concerned, of councils, to
manage the affairs of the local authorities referred to in paragraph (a);
(c) the election of chairpersons, by whatever title they may be called, to preside
over the councils referred to in paragraph (b); and
(d) the qualifications of members of the councils referred to in paragraph (b).
(3) Different classes of local authorities may be established for different rural areas,
and two or more different areas may be placed under the management of a single local
authority.
The Rural District Councils Act makes provision for the following issues in detail: the
establishment of rural district councils and their status, the composition of local authorities for
rural areas, powers, classification of land in rural areas, council committees, financing, co-
operation agreements, by-laws, powers of Ministers, the election of Councillors and their
removal from office, an association of RDC’s, structures for the development of rural areas.
See Feltoe, 2017 for a discussion of provisions of the RDC Act.

8.7.2 Traditional Leadership and Governance of Communal Land

Section 280 of the Constitution recognizes the institution, status and role of traditional leaders.
They are responsible for performing the cultural, customary and traditional functions of a
Chief, head person or village head. Section 281 of the Constitution sets out principles to be
observed by traditional leaders as follows:
(1) Traditional leaders must—
(a) act in accordance with this Constitution and the laws of Zimbabwe;
(b) observe the customs pertaining to traditional leadership and exercise their
functions for the purposes for which the institution of traditional leadership is
recognised by this Constitution; and
(c) treat all persons within their areas equally and fairly.
(2) Traditional leaders must not—
(a) be members of any political party or in any way participate in partisan
politics;
(b) act in a partisan manner;
(c) further the interests of any political party or cause; or d. violate the
fundamental rights and freedoms of any person.
For the meaning of section 281 of the Constitution see Education Resource Centre v Chief
Fortune Charumbira & Others HH 270/18. The functions of traditional leaders are provided
for in section 282 of the Constitution and their appointment and removal from office in section
283:
282. Functions of traditional leaders
(1) Traditional leaders have the following functions within their areas of jurisdiction—
(a) to promote and uphold cultural values of their communities and, in
particular, to promote sound family values;
(b) to take measures to preserve the culture, traditions, history and heritage of
their communities, including sacred shrines;
(c) to facilitate development;
(d) in accordance with an Act of Parliament, to administer Communal Land and
to protect the environment;
(e) to resolve disputes amongst people in their communities in accordance with
customary law; and
 (f) to exercise any other functions conferred or imposed on them by an Act of
Parliament.
(2) Except as provided in an Act of Parliament, traditional leaders have authority,
jurisdiction and control over the Communal Land or other areas for which they have
been appointed, and over persons within those Communal Lands or areas.
(3) In the performance of their functions, traditional leaders are not subject to the
direction or control of any person or authority, except as may be prescribed in an Act
of Parliament.
(4) An Act of Parliament must provide for the regulation of the conduct of traditional
leaders.
283. Appointment and removal of traditional leaders
An Act of Parliament must provide for the following, in accordance with the prevailing
culture, customs, traditions and practices of the communities concerned—
(a) the appointment, suspension, succession and removal of traditional leaders;
(b) the creation and resuscitation of chieftainships; and
(c) the resolution of disputes concerning the appointment, suspension, succession and
removal of traditional leaders;
but—
(i) the appointment, removal and suspension of Chiefs must be done by the
President on the recommendation of the provincial assembly of Chiefs
through the National Council of Chiefs and the Minister responsible for
traditional leaders and in accordance with the traditional practices and
traditions of the communities concerned;
(ii) disputes concerning the appointment, suspension and removal of traditional
leaders must be resolved by the President on the recommendation of the
provincial assembly of Chiefs through the Minister responsible for
traditional leaders;
(iii) the Act must provide measures to ensure that all these matters are dealt with
fairly and without regard to political considerations;
(iv) the Act must provide measures to safeguard the integrity of traditional
institutions and their independence from political interference.
Other issues covered by the Constitution include remuneration and benefits of traditional
leaders (s284), National Council and Provincial Assemblies of Chiefs (s285), the functions of
National Council and Provincial Assemblies of Chiefs (s286) and the Integrity and Ethics
Committee (s282). The detailed framework of the above constitutional provisions is provided
for by the Traditional Leaders Act [Chapter 29:17]. Traditional leaders in Zimbabwe also have
adjudicatory functions at a local level in terms of the Customary Law and Local Courts Act
[Chapter 7:05]. They preside over community courts, which courts apply customary law to
resolve civil disputes.
8.7.3 Urban Local Authorities
Soon after independence, the government did away with the previous system under which the
so-called township areas were separately administered. Now both high and low-density areas
are administered under the same system of local government. Under the scheme of
decentralisation incorporated into the Urban Councils Act [Chapter 29:15] elected local
government bodies are given the responsibility of providing services to the public and
regulating the affairs of their local areas. There are various types of urban local government
bodies. There are town, municipal and city councils. The powers of these bodies will depend
upon the nature and extent of the area they administer. They range from a small authority such
as a town council which will have powers to determine and execute only very limited measures
within a small area to a large body such as a city council which will have broad permissive
powers as well as having obligatory functions to perform and will possess considerable
autonomy in determining and financing priorities in its area.

The 2013 Constitution now provides for the establishment of urban local authorities in
section 274 which provides as follows:
(1) There are urban local authorities to represent and manage the affairs of people in
urban areas throughout Zimbabwe.
(2) Urban local authorities are managed by councils composed of councillors elected
by registered voters in the urban areas concerned and presided over by elected mayors
or chairpersons, by whatever name called.
(3) Different classes of local authorities may be established for different urban areas,
and two or more different urban areas may be placed under the management of a single
local authority.
(4) The qualifications and procedure for the election of persons referred to in subsection
(2) must be set out in the Electoral Law.
(5) An Act of Parliament may confer executive powers on the mayor or chairperson of
an urban local authority, but any mayor or chairperson on whom such powers are
conferred must be elected directly by registered voters in the area for which the local
authority has been established.
The powers and functions of urban councils are set out in section 276 of the Constitution read
with the Urban Councils Act as amended by the Local Government Laws Amendment Act.
However, the smaller councils will be given the power to carry out only some of these
functions. The functions specified in the Act include housing development (including low-cost
housing), road maintenance, organising water supplies, operating hospitals, acquiring land,
running markets, etc. Also contained in the Urban Councils Act are provisions setting out the
multiplicity of matters upon which urban councils can pass by-laws such as by-laws regulating
building construction, licensing by-laws and by-laws aimed at the prevention of disease. When
creating by-laws urban councils can either simply adopt model by-laws or they can draw up
their by-laws to suit local conditions.

As regards services provided by urban councils, these can be sub-divided into obligatory
services which are essential services which the public is obliged to use and to pay for, such as
refuse and sewerage disposal and supply of potable water, and optional services such as public
transport and health services. In certain specified circumstances, the Minister of Local
Government can interfere in the affairs of these elected bodies. Under s 315, he or she may
intervene and take appropriate action where the council fails to perform its duties or to deal
with its budgetary problems. The main sources of finance for urban councils are rates charged
on land and buildings and rentals of properties. Licensing fees are also a source of revenue.
Urban councils may also, with the consent of the minister responsible for local government and
the minister responsible for finance, raise the necessary funds by issuing stock, bonds,
debentures or bills, or from any other source not mentioned in the Urban Councils Act.[s 290].
The Act provides for a series of stringent financial control measures.

Whenever the President considers it desirable he or she may, subject to the Act, by
proclamation in the Gazette, after any local authority concerned has been consulted establish a
municipality or town. After doing this he or she must then establish a municipal council or a
town council, fix the area of the municipality or town and give it a name. He or she may also
divide the council area into any number of wards [s 4]. A growth point, unincorporated urban
area, local board or council may apply to the Minister for a change of its status. The Minister
must consider any application made and, if he or she decides to grant the application, he or she
must take the necessary steps under the Act to effect the change of status applied for. On receipt
of an application for city status by a municipal council, the Minister must appoint, at the
expense of the municipality concerned, a commission consisting of such number of persons as
the Minister may determine to consider the matter and make recommendations to him or. He
or she must then publish in the Gazette and in three issues of a newspaper notice of the
appointment of the commission and calling upon any person who wishes to make
representations to submit them to the commission before a date specified in that notice, being
not less than thirty days after the date of the first publication of the notice in the newspaper.
The commission must consider the matters set out in the First Schedule in addition to any other
matters that it considers to be relevant and must thereafter submit its report to the Minister, and
any such report must refer to the substance and number of any representations made to it. As
soon as practicable after receiving the report the Minister must lay it before Parliament. If in
pursuance of a resolution of Parliament, an address is presented to the President requesting him
or her to accord city status to the municipality specified in the address, the President may, by
proclamation in the Gazette, declare that the status of the municipality concerned is altered to
that of a city.

8.7.3.1 Types of Urban Local Authorities

There are four species of urban council. These are Local Boards, Town Councils,
Municipalities and City Councils. The smallest body with the least powers is the Local Board
and the largest with the greatest powers is the City Council. Presently there are twenty-seven
urban councils and of these, four are local boards, seven town councils, nine municipalities and
seven city councils.
8.7.3.2 Composition of Urban Local Authorities
City councils and municipalities consist of elected councillors. Elections for councillors are
now held at the same time as elections for parliamentarians. Section 277 of the Constitution
provides for the election of councillors for local authorities as follows:
 (1) Elections of councillors of local authorities must be held—
(a) in the case of a general election of mayors and councillors, concurrently with
a general election of Members of Parliament and President;
(b) in the case of an election, other than a general election, to fill one or more
casual vacancies, as soon as practicable after the vacancies have occurred.
(2) Elections of mayors and chairpersons of local authorities, other than mayors or
chairpersons on whom executive powers have been conferred under section 274(5),
must be held at the first sitting of the councils concerned following a general election.
(3) Except as otherwise provided in subsection (2) or an Act of Parliament, mayors,
chairpersons and councillors of local authorities assume office on the ninth day after
the announcement of the results of the general election in which the councillors were
elected.
A council consists of a number of councillors. The Minister decides on the number of
councillors for each council but the number must not less than six. If the council area is divided
into wards there will be one councillor for each ward unless the Minister fixes different
numbers of councillors for different wards. As for the election of Mayors and Committees of
urban local authorities, these are fleshed out in the Urban Councils Act.

8.7.4 Tenure of Seats of Members of Local Authorities

Section 278 of the Constitution provides for the tenure of seats of local authorities councillors
including their removal from office. It provides as follows:
(1)The seat of a mayor, chairperson or councillor of a local authority becomes vacant
in the circumstances set out in section 129, as if he or she were a Member of Parliament,
any reference to the Speaker or President of the Senate in section 129(1)(k) being
construed as a reference to the Minister responsible for local government.
(2) An Act of Parliament must provide for the establishment of an independent tribunal
to exercise the function of removing from office mayors, chairpersons and councillors,
but any such removal must only be on the grounds of—
(a) inability to perform the functions of their office due to mental or physical
incapacity;
(b) gross incompetence;
(c) gross misconduct;
(d) conviction of an offence involving dishonesty, corruption or abuse of office;
or
(e) wilful violation of the law, including a local authority by-law.
(3) A mayor, chairperson or councillor of a local authority does not vacate his or her
seat except in accordance with this section.
The above provision is also repeated in the RDC’s Act and the Urban Councils Act. For
discussion of section 278 of the Constitution see Manyenyeni v Minister of Local Government
& Others HH 274/16; Kombayi & Others v Minister of Local Government & Others HB 57/16.
The Minister may, if he or she considers it necessary or desirable in the public interest, appoint
one or more persons as investigators to carry out investigations and report to him or her. He or
she can appoint these investigators to inquire into any matter which relates to the good
governance of a council area or local government area or arises out of the government of a
council area or local government area; or relates to the failure of a council to undertake any
function or provide any facilities for which it has the necessary power in terms of this Act,
which power it has failed to exercise; or relates to or arises out of the affairs of a council. On
receipt of the report from the investigators, the Minister may take such steps as in his opinion
are necessary or desirable to rectify any defect or omission revealed by the report. The Minister
also has powers to give local authorities policy directions, to reverse, suspend, or rescind
resolutions and decisions of councils. See MWI Zimbabwe (Pvt) Ltd v Ruwa Town Council &
Anor HH-237-11.

8.8 Summary
In this Unit, we defined the term local government. This was followed by an overview of the
general features and structure of local government in Zimbabwe. We also explained local
government in urban authorities, rural areas and communal lands. With the assistance of some
activities and by asking some relevant questions we tried to stimulate your thoughts about the
changes brought into Zimbabwean local government law by the 2013 Constitution.
References

Feltoe, G. (2017). A Guide to Administrative and Local Government Law in Zimbabwe, Harare,
Legal Resources Foundation.
Mathenjwa, M. (2018). The legal status of local government in South Africa under the new
constitutional dispensation, Southern African Public Law.