Source: Parly nullifies two local authorities’ proposed regulations – herald
Zvamaida Murwira-Senior Reporter
Parliament has nullified more than seven statutory instruments issued by two local authorities after determining that some of the proposed penalties exceeded councils’ legal mandate and that several provisions lacked clarity — a move expected to reinforce oversight of by-laws crafted by local authorities across Zimbabwe.
The decision, taken in the National Assembly this week, followed the adoption of an adverse report by the Parliamentary Legal Committee (PLC) concerning statutory instruments issued by Masvingo City Council and Murewa Rural District Council.
Lawmakers also expressed concern that some of the proposed regulations could result in double billing for residents, as they overlapped with fees already charged by other Government departments.
The ruling underscores Parliament’s role in scrutinising subsidiary legislation issued by local authorities to ensure compliance with national laws and constitutional provisions.
Among the nullified regulations was Statutory Instrument 211 of 2025, which contained the City of Masvingo (Cycle Licensing) By-laws, 2025, gazetted in December last year to regulate the licensing of bicycles within the city.
Also struck down was Statutory Instrument 212 of 2025, which sought to introduce the City of Masvingo (Environmental and Natural Resources Conservation) By-laws, intended to regulate environmental protection and natural resource management within the city.
Parliament further nullified Statutory Instrument 216 of 2025 — the City of Masvingo (Public Health) By-laws, 2025 — which had been gazetted late last year to govern public health standards and practices.
From Murewa Rural District Council, lawmakers nullified Statutory Instrument 228 of 2025, the Community Halls, Stadia, Parks, Gardens, Arts and Cultural Facilities By-laws, which sought to regulate the use and management of public amenities.
Two other regulations — Statutory Instrument 229 of 2025, which introduced a cattle levy regulating the movement and sale of livestock, and Statutory Instrument 230 of 2025, covering Hairdresser’s, Beautician’s and Barber’s Shops By-laws — were also struck down.
The adverse report was presented by Buhera West legislator Cde Tafadzwa Mugwadi, who stood in for the PLC chairperson Cde Jonathan Samkange.
Responding before the report was adopted, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi commended the committee for strengthening checks and balances in the legislative process.
“That is exactly what should happen, to ensure that there are checks and balances,” said Minister Ziyambi.
“I agree that we can adopt this and then we look at our flow of work to ensure that the officers who bring them from various local authorities check the work before they take it to the Minister for signature.
“The Cabinet Committee on Legislation cannot look at all the statutory instruments that come, but we trust the Parliamentary Legal Committee can also check, which is exactly what they have done.”
Minister Ziyambi said Government would tighten its internal review processes so that statutory instruments from local authorities are thoroughly examined before being approved and gazetted.
Presenting the adverse report, Cde Mugwadi said the committee objected to several provisions, particularly the level of penalties imposed.
He noted that the Urban Councils Act and the Rural District Councils Act do not empower local authorities to impose fines exceeding US$200, yet some of the proposed by-laws stipulated penalties ranging from US$500 to US$5 000.
“Any fine, therefore, which exceeds US$200 in the by-laws is a contravention of the principal Act. Some of the statutory instruments have stipulated penalties ranging from US$500 to US$5 000, which greatly exceed the stated limit,” said Cde Mugwadi.
“Therefore, the statutory instruments were found to be ultra vires the enabling Act. It must also be noted that Section 134(c) of the Constitution provides that statutory instruments must be consistent with the Act of Parliament under which they are made.
“To simplify, the fines exceeded the threshold required in the Act. Such propositions come out as ultra vires and therefore illegal, and cannot stand.”
The committee also raised concerns that some provisions were vague because they failed to specify the actual fees payable.
Cde Mugwadi said Statutory Instruments 211, 212 and 228 of 2025 required residents to pay certain fees but did not indicate the amounts.
“For the benefit of the House, laws must be clear and specific so that every word in the text of the law has a clear reference,” he said. “There are clauses in which fees are payable for permits and licences. The figures to be paid have been omitted.
“Thus, it is unclear what amount a person should be charged when they are supposed to pay. Failure to specify that figure makes the provision uncertain and causes the whole statutory instrument to fail the test of legality.”
He added that demanding payment of unspecified fees undermines the principle of legal certainty and opens the door to arbitrary enforcement.
Another concern raised by the committee was that some proposed levies exceeded the law-making powers of local authorities by overlapping with fees already collected by national institutions.
Cde Mugwadi cited a provision requiring motorcycle owners to pay additional fees to Masvingo City Council despite such vehicles already being licensed through the Zimbabwe National Road Administration under the Vehicle Registration and Licensing Act.
“This creates a double-billing effect,” he said.
The parliamentary intervention is expected to prompt local authorities nationwide to tighten the drafting of their by-laws to ensure they comply with national legislation and avoid imposing unlawful penalties on residents.
COMMENTS