Minister’s powers to be whittled down

via Minister’s powers to be whittled down | The Herald 1 September 2014 by Innocent Ruwende

The powers of Minister of Local Government, Public Works and National Housing will be whittled down, while municipal police will have powers to arrest violators of by-laws and have them jailed for six months or pay a fine of up to US$200 if a proposed Local Authority Draft Bill passes into law.
The Bill proposes an independent tribunal to be set up for the purposes of removing councillors from office unlike the Urban Councils Act, that vested all the powers in the hands of the Minister in charge of local authorities.

“For the purposes of removing from office of councillors of local authority from office, it is hereby established an independent tribunal. (1) The Independent Tribunal shall consist of: (a) A chairperson appointed by the President, who shall be a registered legal practitioner who has been in practice for not less than five years,” reads part of the draft bill.

Other members recommended to the President by the chairperson will be appointed from time to time as each case arises.
The other members, according to the proposed bill, should be local government administrators with not less than five years’ experience and or accountants with not less than five years’ experience.

Persons who are neither citizens of Zimbabwe nor permanently resident in Zimbabwe or in terms of a law in force in any country have been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged will not be considered.

The chairperson shall not hold office for such period, not exceeding five years from the time of his appointment.
Members of the tribunal will be paid allowances as the Minister may fix for members from time to time.

On municipal police officers, Section 98 of the draft law part (1) (b) proposes local authority to appoint parking supervisors to assist the police in the enforcement of any enactment to which the Municipal Traffic Laws Enforcement Act (Chapter 29:10) and by laws applies.

Subsection 3 reads; “An employee appointed for the purposes specified in paragraph (b) of subsection (1) may, when in uniform and upon proof of his appointment, demand the name and address of any person reasonably suspected by him of having committed any offence in terms of any enactment to which the Municipal Traffic Laws Enforcement Act (Chapter 29:10) applies.

4 subsection (a) then states: “A person who, when demand is made to him in terms of subsection (2) or (3) fails to furnish his name and address or furnishes a false name and address; or hinders or obstructs or uses foul, abusive or insulting language towards or at an employee appointed for the purposes specified in subsection (1) whilst that employee is engaged upon the execution of his duties; shall be guilty of an offence and liable to a fine not exceeding level five (US$200) or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment”.

In the meantime, council police officers do not have such powers.
The draft law is also set to usher in a raft of changes in councils with the post of town clerk being replaced by that of chief executive officer, while rural district councils will have mayors instead of chairpersons.

If the bill, which was presented by the Ministry of Local Government, Public Works and National Housing legal team at a stakeholders’ workshop last week, sails through in parliament, it will see chief executives serving a maximum of two terms on a performance based contract.

The chief executive officers of the town and cities shall be the accounting officers.
Local authorities will appoint a person approved by the Local Government Board to be the chief executive officer after recommending to the board the names of suitable candidates for appointment to the post of chief executive officer.