Commission of inquiry for Harare

Herald Reporter

Harare City Council, its accounting systems and financial affairs over the last seven years are the subject of a Commission of Inquiry appointed yesterday by President Mnangagwa under the chairmanship of retired judge Justice Maphios Cheda.

The setting up of the commission, its terms of reference and the membership, were announced in Proclamation 2 of 2024, Commission of Inquiry into the Matter of Local Governance by Harare City Council since 2017, gazetted yesterday as Statutory Instrument 91 of 2024.

The Commission of Inquiry Act allows the President to set up a commission, to inquire into any matter in which any inquiry would, in the opinion of the President, be for public welfare.

It has six months from yesterday to complete its work, although it may request another three months if necessary.

The eight terms of reference for the commission are to:

l Investigate financial management systems and audit compliance with the Public Finance Management Act and other laws;

l Investigate financial management of revenue generated through special vehicle companies and other out-sourced arrangements;

l Investigate reasons behind the failure to operate an enterprise resource planning system for Harare City Council and quantify any losses accruing as a result;

l Investigate and ascertain the procedures of management, sales, leases of other transfers of the city council’s properties to private entities;

l Probe and investigate convening of council meetings as well as adherence to the standing orders and rules in council meetings by Harare City Council;

l Investigate compliance with procurement laws, inclusive of disposal of assets and compliance with the Public Procurement and Disposal of Public Assets Act;

l Make visits where necessary, summon witnesses, record proceedings, minute testimonies, and documents, consider and manage all information gathered in order to arrive at appropriate findings and recommendations to the President; and

l Investigate anything else that the commission deems appropriate and relevant to the inquiry.

Harare City Council has been reported as either not submitting accounts, at least within deadlines, to the Auditor-General as required by law, and has come in for some harsh criticism on accounts that have gone to audit, largely because the city council has been unable to account for or even explain all funds.

There has also been mounting criticism of the council’s inability to use a proper enterprise resource planning accounting system that an entity of its size should be using as a matter of course.

The council ditched the South African supplier of the system it had been using successfully and substituted a far more basic system that was designed for medium and small businesses.

Council IT experts have suggested buying a very expensive system, along with very expensive desktop computers, but these recommendations have been shot down in council on the grounds that they are grossly overprice.

The council has also set up special companies, such as City Parking for its car parks, parkades and inner city street parking, which are profitable but whose accounts are not made public.

When the commission has finished its investigation it must report in writing to President Mnangagwa.

Besides Justice Cheda the other four members of the commission are: Steven Chakaipa, Norbert Phiri, Lucia Gladys Matibenga and Khonzani Ncube.

The Permanent Secretary for Local Government and Public Works is the appointed Secretary to the Commission, meaning it can access the administrative backing of the ministry.

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