adminZvamaida Murwira Senior Reporter
The Law Society of Zimbabwe will now play a major role in the removal of a councillor, mayor or council chairperson from office by nominating their members to sit on an independent tribunal to determine the suitability of local authority leadership.
This is contained in further amendments to the Local Government Laws Amendment Bill that sailed through Parliament last week and now awaits Presidential assent.
The earlier Bill stipulated that the Judicial Service Commission would nominate persons to sit on the tribunal, but the clause was repealed and replaced with one that provides that the LSZ nominates its members to the independent tribunal.
The independent tribunal would be constituted by the Minister of Local Government Public Works and National Housing in determining the suitability of a councillor, mayor or council chairperson.
The Bill seeks to amend the Urban Councils Act and Rural District Councils Act by providing mechanisms of removing from office a councillor, mayor or council chairperson fingered for misconduct.
In terms of the Bill, an independent tribunal shall be constituted in terms of the Section 278 (2) of the Constitution, whenever removal of a councillor, mayor or council chairperson was to be determined.
“An independent tribunal shall consist of: (a) A chairperson appointed by the minister from a list of at least three and not more than nine registered legal practitioners with at least five years experience in private or public practice, who shall be nominated by the Law Society of Zimbabwe referred to in section 51 of the Legal Practitioners Act Chapter 27 :07 (if the original list consists of fewer than nine nominees, the minister may request an additional nominee or list of nominees so that the total number of nominees including those in the original list does not exceed nine),” reads the clause.
The minister is also empowered to appoint two members from a list nominated by the Civil Service Commission, who shall be persons experienced in local government administration, whether as former councillors or as administrators.
It is also provided that a mayor, councillor or council chairperson on suspension would continue to get allowances due to him, unless the misconduct was related to the misuse of the funds, council property or dishonesty.
In suspending the councillors, the minister should write to the affected individual of his or her decision and the reasons, and afford them an opportunity to respond within seven days.
“Not earlier than 14 days after the minister has suspended a mayor, chairperson or councillor in terms of subsection (1), and in any event within 45 days, the minister shall, if no response is made to a notice in terms of subsection (2)(e), or if that response is not satisfactory to the minister, cause a thorough investigation where necessary, to be conducted with all reasonable dispatch to determine whether sufficient evidence exists for the issue of the removal of the mayor, chairperson or councillor on any of the grounds specified in subsection (1),” reads the clause.
During debate, some legislators including the Portfolio Committee on Local Government chaired by Mutasa South MP Cde Irene Zindi said, the Bill was silent on the issue of devolution of power to provincial and metropolitan councils as required by the Constitution.
In response, Minister Kasukuwere said the Constitution was clear that devolution would be applied “whenever appropriate,’
“And in this case, how do you devolve power to corrupt councils and authorities?” asked Minister Kasukuwere.
Online Reporter