malvernmugadzikwa
Lincoln Towindo and Nokuthula Dube
PRESIDENT MNANGAGWA has established a Commission of Inquiry to investigate corporate governance challenges that have plagued the Harare City Council over the past seven years.
The five-member commission was officially sworn in at State House on Wednesday. Its mandate falls under the Commissions of Inquiry Act, which grants the President the authority to order investigations into public institutions or matters deemed vital to public welfare.
Section 2 (1) of the Act reads: “The President may, when he considers it advisable, by proclamation, appoint a commission of inquiry consisting of one or more commissioners and may authorise the commissioner or commissioners or any quorum of them specified in the proclamation to inquire into the conduct of any officer in the public service, the conduct of any chief appointed in terms of the Chiefs and Headmen Act, the conduct or management of any department of the public service or of any public or local institution, or into any matter in which any inquiry would, in the opinion of the President, be for the public welfare.”
What is a commission of inquiry?
A commission of inquiry is a temporary body established by the President through a proclamation tasked with investigating a specific issue deemed to be in the public interest.
Generally, commissions of inquiry are constituted by individuals with relevant expertise and experience in the area under investigation.
In some cases, foreign experts may be included to ensure impartiality.
Commissions have the authority to gather evidence, summon witnesses and hold public hearings. After investigation, the commission submits a report to the President outlining its findings and recommendations.
The report is then typically made public.
The lifespan of a commission is generally limited, often around six months, with the possibility of an extension.
Who is in the commission?
Justice Cheda
The commission is chaired by retired High Court Judge Justice Maphios Cheda.
Justice Cheda is a highly experienced lawyer and retired jurist. He has worked in the legal fraternity for nearly 50 years.
He started as a clerk of court in 1975 before rising through the ranks, becoming a public prosecutor, then a magistrate, before he was appointed a High Court judge in 2001. In 2013, Justice Cheda worked as a High Court judge in Namibia, where he helped the country establish an e-justice system.
Steven Chakaipa
Mr Chakaipa is the current chairperson of the Local Government Board, a Government body established to oversee and provide guidance to local authorities in the country.
He is also a lecturer in the Department of Governance and Public Management at the Midlands State University.
He has previously worked as provincial administrator for Midlands province and as town clerk for the Redcliff Municipality.
Mr Chakaipa is also a former deputy secretary for local government administration in the Ministry of Local Government.
Norbert Phiri
Mr Phiri is an attorney of the High Court and Supreme Court of Zimbabwe, with experience in advocacy and corporate advisory.
His proficiency encompasses comprehensive knowledge in banking, insurance, pensions, tax law, intellectual property, energy and infrastructure, property development and mining law.
Lucia Gladys Matibenga
Ms Matibenga, an ex-trade union leader, is a former legislator for Kuwadzana constituency.
She also served in the Government as Minister of Labour and Public Service during the Inclusive Government from 2011 to 2013.
Ms Matibenga was also a prominent figure in the Zimbabwe Congress of Trade Unions, where she once held the position of first vice president.
Khonzani Ncube
Ms Ncube is a long-serving bureaucrat.
She is presently the chief director in the Ministry of Local Government and Public Works.
Secretariat
Dr John Basera, the Local Government and Public Works Permanent Secretary, will be secretary to the commission.
Harare’s corporate governance challenges
The Harare City Council has for years been beset by allegations of rampant financial mismanagement and corruption.
The council has been at the centre of scandals ranging from involvement in illicit procurement deals; failure to collect revenue; failure to pay worker salaries and a general decline in proper governance systems.
The council has also been criticised for lacking transparency in decision-making and financial reporting.
Harare has not produced audited accounts since 2019, making it difficult for the public to hold the authorities accountable for their actions.
Experts also say Harare has weak internal controls and oversight mechanisms that create opportunities for fraud and financial irregularities to go undetected.
There is also a jarring lack of qualified personnel within the council, leading to inefficiencies and poor decision-making. Experts say the consequence of these problems often manifest in the decline in service delivery.
As a result, Harare has perennially battled erratic water supply, poor waste management and dilapidated infrastructure, among many other challenges.
All these problems culminated in the Government rejecting the city’s 2024 budget, directing the local authority to submit a new one. These corporate governance issues have a domino effect that has led to a decline in public trust and hampering the city’s development.
What is the commission investigating?
The Justice Cheda Commission of Inquiry will look into how the Harare City Council has been running its affairs since 2017.
The specific focus of the investigation will include looking into Town House’s financial management systems and audit compliance.
The commission will also look into how the city fathers have managed revenue generated through special vehicle companies and other outsourced arrangements.
Crucially, commissioners will also investigate why Harare has failed to operate an enterprise resource planning (ERP) system and quantify any losses accruing from that.
An ERP system is essentially a software suite that acts as a central hub for managing an institution’s core business activities.
It integrates business functions like accounting, finance, human resources, supply chain management and customer relationship management into a single platform.
This eliminates the need for separate software systems for each department, reducing data silos and inconsistencies.
For Harare, the lack of a centralised system has meant that the city’s financial data has been scattered across different departments, making it difficult to track spending, identify potential misuse of funds and generate accurate reports.
Critically, this has led to inefficient revenue collection. An ERP system streamlines billing and revenue collection processes, making it easier to track outstanding debts and ensure timely payments. Without this system, Harare has struggled to collect revenue effectively.
The Justice Cheda Commission is also investigating procedures of management, selling, leasing or transfer of the local authority’s properties to private entities.
Interestingly, the commission is also probing the convening of council meetings and city fathers’ adherence to the standing orders and rules during these sessions. Further, the commission will investigate Harare’s compliance with procurement laws, including ascertaining whether the disposal of assets was being done in line with the Public Procurement and Disposal of Public Assets Act.
Lastly, the commission can also investigate any other relevant issues it may discover during its inquiry.
Who will the commission summon?
The commission has been directed to conduct site visitations and summon witnesses where necessary. It has also been directed to “record proceedings, minute testimonies and documents, consider and manage all information gathered in order to arrive at appropriate findings and recommendations to the President”.
Harare Mayor Councillor Jacob Mafume has welcomed the appointment of the commission. He said the council will provide all requisite documentation that may be requested by the commission during its probe.
Timelines
The commission has been given six months to conclude its investigation, with an option of an extension by a further three months.
It has also been directed to submit its final report to the President within three months of completion of the inquiry.
Online Reporter