Moffat Mungazi
Trust Maanda
THE 2013 Constitution of Zimbabwe, unlike its predecessor, guarantees devolution of powers of the Government.
It does so in clear and unambiguous terms in Section 264.
The objectives of such devolution are several, but some of which are to give powers to the people and enhance their participation in the exercise of powers of the State and in making of decisions that affect them.
Devolution was also meant to promote democratic, effective and transparent government in Zimbabwe as a whole.
One of the objectives of devolution in Section 264 of the Constitution is that citizens must participate in decision making on issues that affect them.
The Urban Councils Act has some instances it enables residents to participate in the making of decisions that affect them.
One of the objectives of devolution in Section 264 (2) (a) is to give powers of local governance to the people and enhance their participation in the exercise of the powers of the State and in making decisions affecting them.
The Constitution therefore provides guarantees for citizen participation in the exercise of the powers of the state in making decisions that affect them. This also helps to promote a democratic and effective Government that is coherent as a whole.
It is at Local Government level that the people discuss with local representatives on how the local needs could be met.
Community participation enhances increased legitimacy and accountability of the local authority, improved decision-making, community engagement and ownership of the decisions and programs of the local authority, a better representation of diverse interests and all this will result in effective service delivery.
When council sits to pass bylaws, it is a legislative body. Accordingly, council is as much obliged to uphold principles of participatory democracy and consult the public as parliament must when making laws.
In South Africa, the court decided that a municipal council is a deliberative legislative assembly possessing legislative and administrative powers, and because of that, in making laws a municipal council must consult the people just as Parliament does.
The preamble to Chapter 14 of the Constitution says it is desirable to ensure democratic participation in Government, by all citizens and communities of Zimbabwe, and the participation of local communities in the determination of development priorities within their areas.
It is not enough that the community has elected representatives to speak on their behalf in council. Even if representatives are duly elected, the people have the legitimacy to speak on their behalf and thereby fulfil the requirements of participatory governance.
The Urban Councils Act (UCA) and the Rural District Councils Act (RDCA), have provisions on community participation in Local Government processes. The UCA provides for the procedure of making bylaws. In order to involve ratepayers, community-based organisations and other stakeholder in council’s legislative processes the council is obliged to cause a notice advising of the proposed by-law to be published in two issues of a newspaper.
The notice shall contain certain specified information. Residents and ratepayers alike can then file their objections to the proposed law.
The public must be consulted in the processes for the establishment of a new district, the establishment of a new council, the alteration or abolition of a council or ward, the formulation of council budgets for the incoming financial year, the process of the application for borrowing powers and the process of the formulation or updating of a council’s valuation roll.
Before council alienates, leases of disposes of a stand, it should advertise in the newspaper in order to invite objections from the residents.
The notice should be published in two issues of a newspaper and posted at the office of the council, giving notice of council intention to sell lease or alienate the land, describing the land concerned and stating the object, terms and conditions of the proposed sale, exchange, lease, donation, disposition or grant of permission of use.
Any person who objects to the proposal may lodge his objection with the town clerk within a specified period. The public must be notified of a draft local plan and they may object if they so wish.
Every meeting of a council shall be open to the public and the Press. The public may, not contribute, but at least the fact that the meetings are held under their watchful eye brings transparency to the business of council.
Persons applying for a sub-division permit in certain circumstances must make a notice to certain members of the public for them to decide whether not to object to the application.
One of the ways of public participation is by petitions.
Section 59 guarantees the right to freedom to demonstrate and present petitions. Residents can exercise this right to raise their concerns with local governments.
Public involvement provisions mean that our country’s democracy is both participatory and representative.
TRUST MAANDA is a legal practitioner and a partner at Maunga Maanda And Associates. He writes in his personal capacity. He can be contacted on +263772432646
