New council legislation crafted

Patrick Chitumba Midlands Bureau Chief
THE government has crafted new legislation, the Local Government Bill, that is currently being printed before its imminent tabling in parliament.

The Bill seeks among others to align the Urban Councils Act with the new Constitution.

Local Government, Public Works and National Housing Minister Saviour Kasukuwere confirmed last night the latest development.

“Yes, a new Local Government Bill is being crafted and you should be able to read what’s contained in it anytime from tomorrow (today),” he said.

The introduction of the proposed legislation comes at a time when the Minister’s powers to suspend mayors and councillors are being challenged.

Last month, Kasukuwere suspended Harare mayor Bernard Manyenyeni following his contentious appointment of banker James Mushore as city town clerk.

Recently, Bulawayo High Court judge Justice Nokuthula Moyo ordered Kasukuwere to immediately reinstate suspended Gweru mayor Hamutendi Kombayi and 10 councillors who were suspended last year for mismanagement among other charges.

Justice Moyo ruled that the Urban Councils Act that was used to suspend the city fathers contravened the constitution, the supreme law of the country.

“In summary, section 114 of the Urban Councils Act vests all powers to suspend and dismiss councillors, in the Minister of Local Government who is the first respondent.

“However, section 278 of the Constitution on the other hand gives an impression that the Constitution has taken away the powers that the Minister had in terms of section 114 of the Urban Councils Act and vested the same in an independent tribunal which should be established through an Act of Parliament,” said Justice Moyo.

She said the Constitution is the supreme law of the land and any law or Act which is inconsistent with it had no force or effect.

“The Constitution thus speaks for itself, any act or practice which is inconsistent with its provisions is invalid to the extent of the inconsistency. It stipulates that the obligation imposed by it are binding on everyone and must be fulfilled by all including the first respondent as Minister of Local Government,” said Justice Moyo.