BCC under fire for not reviewing old by-laws

Vusumuzi Dube, Online News Editor

THE Bulawayo City Council has come under scrutiny for several by-laws enacted well before independence that are now out of touch with modern societal trends.

Concerns have been raised regarding the relevance and applicability of a number of by-laws in the contemporary urban landscape with a growing stakeholder chorus arguing that there was a need to align them with present-day realities and values. 

Key areas of contention include regulations related to urban planning, public spaces, and social activities.

A perusal of the local authority’s website reveals that some of the city’s by-laws were promulgated as far back as 1966, with some being last amended in 1980 when the country gained its independence.

One such by-law is the Bulawayo (Public Health) By-laws which came into effect in 1966, with some of the terminology used identifying with the segregation manner of the Rhodesian government.

“In any building which is used or is intended to be used as servant’s quarters, the walls shall be constructed of burnt brick, stone, concrete or other approved impervious material, and the interior of the walls shall be covered with smooth cement plaster and the height of the walls shall be not less than eight feet, measured from floor to ceiling at the lowest point.

“No person shall permit any other person except his bona fide employees or domestic servants to be accommodated in his servants’ quarters, provided that children under the age of six months may be permitted to be accommodated in such servant’s quarters with their mother, if the mother is entitled to accommodation in such quarters,” reads part of the by-law.

The Bulawayo (Protection of Lands and Natural Resources) By-laws of 1975 states that; “No person shall erect any kraal, hut, fence, shelter or other erection on any municipal land; or make or use any vehicle road or track over or through any municipal land, other than such public roads the use of which shall be permitted by the council from time to time; or outspan any animal-drawn vehicle on any municipal land; other than at such places as may be provided by the council.

“Where any person has erected any kraal, hut, fence, shelter or other erection; or parked, deposited or abandoned any disused, dismantled or derelict vehicle, motor-vehicle or machinery, or any part thereof on any municipal land without the prior written approval of the council, the council may serve a written notice on the owner or person responsible for such building, structure, vehicle or machinery to remove such kraal, hut, fence, shelter or other erection or machinery from the municipal land within a time to be specified in such notice.”

Various stakeholders have argued that these by-laws, conceived decades ago, no longer address the evolving needs and dynamics of the city’s residents.

They argue that some of the regulations are overly restrictive and incongruent with the principles of inclusivity and diversity that are now integral to urban governance.

Youth for Innovation Trust team leader Miss Thando Gwinji singled out the Youth Policy which she revealed came into effect in 1958 and was never revised with aborted attempts to revise it in 2004.

“The previous policy only speaks to the establishment of youth centres as recreational facilities but needs of youth have evolved and they are way different in 2024 where we are in the industrial revolution and we need to speak to ICTs, innovation and climate response issues.

“We are still engaging youth in their different spaces through various methods. We will also bring everyone to the table through a multi-stakeholder conference in late August. The aim is to ensure that everyone takes ownership of the process so that implementing it won’t be difficult from the stakeholders’ end,” said Miss Gwinji.

She revealed that they have been working on a draft policy to submit to council working closely with youth leaders of the city’s youth centres.

“Councillor Sikhulekile Moyo has already tabled a motion for the Youth Policy at the council meeting. The BCC Gender Desk also supports the process because we want it to be a thorough document,” said Miss Gwinji.

Project Co-ordinator for Urban Futures Project in Bulawayo which is being implemented by the Bulawayo Vendors and Traders Association (BVTA), Mr Langton Moyo, singled out the Bulawayo Urban Agriculture Policy which came into effect in 2000 and was last reviewed in 2006.

He said the policy has since been overtaken by various events and trends that have changed in the City of Bulawayo.

“Currently, the policy has various gaps in addressing the new emergent issues of climate change, perennial water shortages, dilapidating carbon sinks, and dwindling agro-food production spaces, the city is further characterised by a population surge influencing the geographic expansion and encroachment of residential areas into previously designated urban farming areas, climate changes affecting productivity on urban food farming, and the busting emergence of ultra-processed foods alleged to contribute to various health complications.

“The emergent changes in the City of Bulawayo have necessitated the need for a review of the current policy to develop a new comprehensive and model policy that will anchor an urban agro-food system cognisant of climate-smart practices, healthy nutritional balance and facilitate innovative and sustainable food and agricultural production in limited spaces,” said Mr Moyo.

He said as BVTA through the Urban Futures project and in collaboration with other partners that include the Danish Church Aid and the Lupane State University they are conducting a policy review process that will reflect a more detailed approach to the current urban food, agricultural production practices, and livelihood practices in the City of Bulawayo.

“The eventuality of this engagement process is to develop a Model Urban Agriculture Policy and an Urban Food System Policy that are cognisant of climate-smart practices, and nutritional balance and facilitate innovative and sustainable food and agricultural production in limited spaces,” said Mr Moyo.

Commenting on the matter, the Deputy Mayor, Clr Edwin Ndlovu, said they were working on reviewing some of the by-laws to match modern trends.

“Yes we are in the process of amending there to suit the current narrative,” said the Deputy Mayor.

 

 

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