Online Reporter
Zvamaida Murwira
Senior Reporter
PARLIAMENT has nullified 24 Statutory Instruments issued by several local authorities meant to enforce different by-laws after it was felt that the regulations were not in compliance with the Constitution and unprocedurally gazetted.
Some of the local authorities that have had their by-laws nullified include Murewa Rural District Council, Masvingo City Council, Insiza Rural District Council and Shurugwi Town Council and Chivi Rural District Council.
The nullification of the regulations was announced by Clerk of Parliament, Mr Kennedy Chokuda, in a Government Gazette published recently.
He said the nullification followed consideration by the Parliamentary Legal Committee, which issued Adverse Reports on them, that were eventually adopted by plenary.
“It is hereby notified, in terms of paragraph 9(4) of the Fifth Schedule to the Constitution of Zimbabwe that — (a) on the 3rd of March, 2026 the National Assembly considered and adopted the Parliamentary Legal Committee’s Adverse report on Statutory Instrument 122 of 2025, the Masvingo (Water, Sewerage and Drainage) By-laws,” reads one of the notices.
During debate in the National Assembly, some of the reasons that were cited why Adverse Reports were issued by PLC were that some of the proposed penalties exceeded the council’s legal mandate, or that some of the provisions lacked clarity.
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. Among the nullified regulations was Statutory Instrument 211 of 2025, which contained the City of Masvingo (Cycle Licencing) By-laws, 2025, gazetted to regulate the licencing 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 — meant to govern public health standards and practices.
Statutory Instrument 150 of 2025 Shurugwii Town Council (Food Hygiene) By-laws, 2025, which prohibits the sale of certain food items in an inhabitable environment, was also repealed.
For the 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, Beauticians and Barbers’ Shops By-laws — were also struck down.
In Parliament, the various adverse reports were presented by Buhera West legislator Cde Tafadzwa Mugwadi, who stood in for the PLC chairperson Cde Jonathan Samkange.
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.
“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,” he said.
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.”
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.
