Governance & Administration

Decentralisation
Allow self-governance at local
level – transfer (hand over)
powers to local authorities to
govern, subject to some
safeguards against
misappropriation of finances &
abuse of power & spelling out of
interrelationship with central
government.
Deconcentration
Delegate certain powers to local
bodies, but subject to
supervision & control by central
government.
 Local Government

“Local government refers to the establishment of

participatory & democratically elected structures
that can identify with the needs of the people at
grassroots level & ensure the translation of those
needs into the actual programmes & projects &
maintenance of essential services.”
“Decentralisation is process of transferring planning,
management responsibilities, resources, authority &/or
accountability arrangements from central to local organs
of governance.”

Dele Olowu “Decentralisation & Local Government in the

Zimbabwean Constitution” 2009

Local government essential for good governance &

economic growth & development.
Local governments can contribute to improved
governance in 5 ways:

1. Helps to increase participation in governing processes,

as more people are able participate (both formally
through voting & informally through citizens’ complaints
etc) than if all that exists are national organs.

2. Because of their relative proximity to the people local

governments likely to be more accountable than national
entities. Citizen access is likely to be easier both in
terms of physical & socio-psychological distance.
3. Local governments promote solidarity with community
members & can be particularly effective in involving
marginalized groups such as women & handicapped &
youths. Many countries have actually mandated quotas for
the representation of such marginalized groups in local
government.

4. Local governments provide a framework for

experimentation & innovation, partnership with other
institutional actors & for citizenship. Can also help to
promote information dissemination & citizenship
education.

5.Local communities form basis of representation in

provincial & national assemblies & legislatures & thus
further give voice to local population at national level.
Local government and economic
development

Can be engines of economic growth.

Have authority to provide main local basic services that facilitate

private economic production. Serve as agents of central
government for delivery & management of wide variety of
services, providing integrated local development.
 Central Government

Provincial Ministers
(President appoints – on party political basis)

Provincial Councils (chaired by governors and

restricted to development co-ordination)

CURRENT Local Government

POSITION Administration by elected bodies whose
functions are conferred on them by
central government.

Urban Councils
Rural District Councils

Communal lands
Traditional leadership by chiefs
Ward Development Committee
Village Development Committees
 Central Government

Provincial Councils
(Metropolitan and Non-
Metropolitan)

Local Government
Administration by elected bodies whose
functions are conferred on them by
central government.

Urban Councils
Rural Councils

Communal lands
Traditional leadership by chiefs
Ward Development Committee
Village Development Committees
CENTRAL GOVERNMENT

PROVINCIAL COUNCILS

LOCAL AUTHORITIES
 2013 Constitution
264 Devolution of governmental powers and responsibilities
(1) Whenever appropriate, governmental powers and
responsibilities must be devolved to provincial and metropolitan
councils and local authorities which are competent to carry out
those responsibilities efficiently and effectively.
(2) The objectives of the devolution of governmental powers and
responsibilities to provincial and metropolitan councils and local
authorities are—
(a) 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;
(b) to promote democratic, effective, transparent, accountable
and coherent government in Zimbabwe as a whole;
(c) to preserve and foster the peace, national unity and
indivisibility of Zimbabwe;
(d) to recognise the right of communities to manage their own
affairs and to further their development;
(e) to ensure the equitable sharing of local and national
resources; (not less than 5% national revenues to provinces –
s 301)
(f) to transfer responsibilities and resources from the national
government in order to establish a sound financial base for
each provincial and metropolitan council and local
authority.
265 General principles of provincial and local government
(1) Provincial and metropolitan councils and local authorities
must, within their spheres—
(a) ensure good governance by being effective, transparent,
accountable and institutionally coherent;
(b) assume only those functions conferred on them by this
Constitution or an Act of Parliament;
(c) exercise their functions in a manner that does not encroach on
the geographical, functional or institutional integrity of another tier
of government;
(d) co-operate with one another, in particular by—
(i) informing one another of, and consulting one another on,
matters of common interest;
(ii) harmonising and co-ordinating their activities;
(e) preserve the peace, national unity and indivisibility of
Zimbabwe;
(f) secure the public welfare; and
(g) ensure the fair and equitable representation of people within
their areas of jurisdiction.
(2) All members of local authorities must be elected by registered
voters within the areas for which the local authorities are
established.
(3) An Act of Parliament must provide appropriate mechanisms
and procedures to facilitate co-ordination between central
government, provincial & metropolitan councils & local authorities.
301 Allocation of revenues between provincial and local
tiers of government
(1) An Act of Parliament must provide for—
(a) the equitable allocation of capital grants between provincial
and metropolitan councils and local authorities; and
(b) any other allocations to provinces and local authorities,
and any conditions on which those allocations may be made.
(2) The Act referred to in subsection (1) must take into
account, amongst other factors—
(a) the national interest;
(b) any provision that must be made in respect of the national
debt and other national obligations;
(c) the needs and interests of the central government,
determined by objective criteria;
(d) the need to provide basic services, including educational
and health facilities, water, roads, social amenities and
electricity to marginalised areas;
13 National development
(1) The State and all institutions and agencies of government at
every level must endeavour to facilitate rapid and equitable
development, and in particular must take measures to—
(d) bring about balanced development of the different areas
of Zimbabwe, in particular a proper balance in the development
of rural and urban areas.
(2) Measures referred to in this section must involve the people in
the formulation and implementation of development plans and
programmes that affect them.
(3) Measures referred to in this section must protect and enhance
the right of the people, particularly women, to equal opportunities
in development.
(4) The State must ensure that local communities benefit from
the resources in their areas.
 SOUTH AFRICA
Objects of local government

152. (1) The objects of LG are –

 to provide democratic & accountable government for
local communities;
 to ensure provision of services to communities in
sustainable manner;
 to promote social & economic development;
 to promote safe & healthy environment; &
 to encourage involvement of communities &
community organisations in matters of local
government.

(2) A municipality must strive, within its financial and

administrative capacity, to achieve these objects.
 Developmental duties of municipalities
153. A Municipality must structure & manage its administration,
& budgeting & planning processes to give priority to basic
needs of community, & to promote social & economic
development of community; & participate in national &
provincial development programmes.
Municipalities in co-operative government
154. (1) National government & provincial governments, by
legislative & other measures, must support & strengthen
capacity of municipalities to manage own affairs, to exercise
their powers & to perform their functions.
(2) Draft national or provincial legislation that affects the status,
institutions, powers or functions of LG must be published for
public comment before introduced in Parliament or provincial
legislature, in manner that allows organised local government,
municipalities & other interested persons opportunity to make
representations re to the draft legislation.
(e) the fiscal capacity and efficiency of provincial and
metropolitan councils and local authorities;
(f) developmental and other needs of provincial and
metropolitan councils and local authorities; and
(g) economic disparities within and between provinces.
(3) Not less than five per cent of the national revenues raised
in any financial year must be allocated to the provinces and
local authorities as their share in that year.
Provincial Councils
 2013 Constitution
270 Functions of provincial and metropolitan councils
(1) A provincial or metropolitan council is responsible for the
social and economic development of its province, including—
(a) planning and implementing social and economic
development activities in its province;
(b) co-ordinating and implementing governmental
programmes in its province;
(c) planning and implementing measures for the conservation,
improvement and management of natural resources in its
province;
(d) promoting tourism in its province, and developing facilities
for that purpose;
(e) monitoring and evaluating the use of resources in its
province; and
(f) exercising any other functions, including legislative
functions, that may be conferred or imposed on it by or under an
Act of Parliament.
266 Conduct of employees of provincial and local
governments
(1) Employees of provincial and metropolitan councils and local
authorities must act in accordance with this Constitution and the
law.
(2) No employee of a provincial or metropolitan council or a local
authority may, in the exercise of their functions—
(a) act in a partisan manner;
(b) further the interests of any political party or cause;
(c) prejudice the lawful interests of any political party or cause;
or
(d) violate the fundamental rights or freedoms of any person.
(3) Employees of provincial and metropolitan councils and local
authorities must not be office-bearers of any political party.
(4) An Act of Parliament must make provision to ensure the
political neutrality of employees of provincial and metropolitan
councils and local authorities.
 Cost of establishing Provincial Councils

Very costly to set up necessary infrastructures and

bureaucracy, but once established self-sustaining
from revenue raised in province (with additional grants
from national fiscus.)

Problem that thrust for this system comes primarily

from one province – other provinces not pressing hard
for system – can’t have only one province opting for
system & other provinces continuing to operate under
previous set up.

Concern that might end up undermining an incoming

government’s efforts to rebuilt strong unified nation in
which ethnicity will never again be divisive force.
264 Devolution of governmental powers and responsibilities
(1) Whenever appropriate, governmental powers and
responsibilities must be devolved to provincial and metropolitan
councils and local authorities which are competent to carry out
those responsibilities efficiently and effectively.
(2) The objectives of the devolution of governmental powers and
responsibilities to provincial and metropolitan councils and local
authorities are—
(a) 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;
(b) to promote democratic, effective, transparent, accountable
and coherent government in Zimbabwe as a whole;
(c) to preserve and foster the peace, national unity and
indivisibility of Zimbabwe;
metropolitan council and local authority.
(d) to recognise the right of communities to manage their own
affairs and to further their development;
(e) to ensure the equitable sharing of local and national
resources; and
(f) to transfer responsibilities and resources from the national
government in order to establish a sound financial base for
each provincial and metropolitan council and local
Authority.
 Metropolitan Provincial Council
Chairperson Mayor of Harare or Bulawayo
The mayors and deputy mayors and the
chairpersons and deputy chairpersons of all
local authorities in province.
The Senators elected from province
Constituency Members of N/A in province
Women Members of National Assembly
elected from province
Provincial Council
Chairperson elected by Council from 2
persons submitted by party with highest
number of N/A seats in province or
highest number of votes
Senators elected in province
The two senator chiefs elected in
province
The president and deputy president of
the National Council of Chiefs, where
their areas fall within the province
Constituency Members of N/A in
province
Women Members of National Assembly
elected from province
The mayors and chairpersons of all
urban and rural local authorities in
province
Ten persons elected by a party-list
 METROPOLITAN COUNCILS

Present Proposed

Chairperson Mayor of Harare or Bulawayo Chairperson elected from list put forward by political
party gaining highest number of National Assembly seats
in province

Mayors & deputy mayors & chairpersons & deputy Mayors & chairpersons of local authorities in the
chairpersons of all local authorities in province province

Senators elected from province 10 members elected at general election on a party-list

system of proportional representation.

All constituency Members of National Assembly in

province

Women Members of National Assembly elected from

province

Senators elected from metropolitan province

Under the proposed amendment to the composition Senators (including Senator Chiefs)
and members of the National Assembly in the Province will no longer be council
members ex officio. The two Metropolitan Councils will no longer be chaired by the
mayors of Harare and Bulawayo, but by a chairperson elected from a party list system.
Veritas comments, “This means that the metropolitan areas will be governed by two
separate councils with different members and different chairpersons but overlapping
functions. It will be a recipe for confusion, buck-passing, inaction and overall
incompetence.”
 PROVINCIAL COUNCILS

Present Proposed

Chairperson elected by Provincial Council from 2 Chairperson elected from list put forward by political party
persons submitted by party with highest number of gaining highest number of National Assembly seats in
National Assembly seats in province or highest number province
of votes

Senators elected from province Mayors & chairpersons of local authorities in the province

2 Senator Chiefs elected in province 10 members elected at general election on a party-list

system of proportional representation.

President & deputy president of National Council of

Chiefs, where their areas fall within the province

All Constituency members of National Assembly in

province

Women Members of National Assembly elected from

province

Mayors & chairpersons of all urban & rural local

authorities in province

10 persons elected by a party-list system of

proportional representation
Senators (including Senator Chiefs) and members of the National Assembly in the
Province will no longer be council members ex officio. A reduction in councils’
membership may make Provincial Councils function more smoothly.
270 Functions of provincial and metropolitan councils
(1) A provincial or metropolitan council is responsible for the social and
economic development of its province, including—
(a) planning and implementing social and economic development activities in
its province;
(b) co-ordinating and implementing governmental programmes in its
province;
(c) planning and implementing measures for the conservation, improvement
and management of natural resources in its province;
(d) promoting tourism in its province, and developing facilities for that
purpose;
(e) monitoring and evaluating the use of resources in its province; and
(f) exercising any other functions, including legislative functions, that may be
conferred or imposed on it by or under an Act of Parliament.
(2) An Act of Parliament must provide for the establishment, structure and
staff of provincial and metropolitan councils, and the manner in which they
exercise their functions.
(3) Members of a provincial or metropolitan council are accountable,
collectively and individually, to residents of their province and the national
government for the exercise of their functions.
298 Principles of public financial management
(1) The following principles must guide all aspects of public
finance in Zimbabwe—
(a) …;
(b) the public finance system must be directed towards
national development, and in particular—
(i) the burden of taxation must be shared fairly;
(ii) revenue raised nationally must be shared equitably
between the central government and provincial and local tiers
of government; and
(iii) expenditure must be directed towards the development of
Zimbabwe, and special provision must be made for
marginalised groups and areas;
301 Allocation of revenues between provincial and local
tiers of government
(1) An Act of Parliament must provide for—
(a) the equitable allocation of capital grants between provincial
and metropolitan councils and local authorities; and
(b) any other allocations to provinces and local authorities,
and any conditions on which those allocations may be made.
(2) The Act referred to in subsection (1) must take into
account, amongst other factors—
(a) …;
(b) …;
(c)…;
(d) the need to provide basic services, including educational
and health facilities, water, roads, social amenities and
electricity to marginalised areas;
(e) the fiscal capacity and efficiency of provincial and
metropolitan councils and local authorities;
(f) developmental and other needs of provincial and
metropolitan councils and local
authorities; and
(g) economic disparities within and between provinces.
(3) Not less than five per cent of the national revenues raised
in any financial year must be allocated to the provinces and
local authorities as their share in that year.
18 Fair regional representation
(1) The State must promote the fair representation of all
Zimbabwe’s regions in all institutions and agencies of
government at every level.
(2) The State and all institutions and agencies of the State
and government at every level must take practical measures
to ensure that all local communities have equitable access to
resources to promote their development.
 LOCAL GOVERNMENT
Impact of harsh economic climate
In Zimbabwe the harsh economic conditions have had a
very negative effect on capacity of rural & urban councils
to perform service & carry out meaningful development
programmes.
Limited financing from central government (sometimes
political considerations have influenced level of funding)
& financial stringencies for ordinary people have made it
difficult to raise adequate finance from local people by
levies, taxes etc
These unfavourable conditions & greed have led to
endemic corruption within LG bodies.
Because of meagre funding, particularly important that
limited finances used efficiently for benefit of local
communities.
 LOCAL GOVERNMENT
274 Urban local authorities
(1) There are urban local authorities to represent and manage
the affairs of people in urban areas throughout Zimbabwe.
(2) Urban local authorities are managed by councils
composed of councillors elected by registered voters in the
urban areas concerned and presided over by elected mayors
or chairpersons, by whatever name called.
(3) Different classes of local authorities may be established
for different urban areas, and two or more different urban
areas may be placed under the management of a single local
authority.
(4) The qualifications and procedure for the election of
persons referred to in subsection (2) must be set out in the
Electoral Law.
(5) An Act of Parliament may confer executive powers on the
mayor or chairperson of an urban local authority, but any
mayor or chairperson on whom such powers are conferred
must be elected directly by registered voters in the area for
which the local authority has been established.

275 Local authorities for rural areas

(1) There are rural local authorities, established in
accordance with this section, to represent and manage the
affairs of people in rural areas.
(2) An Act of Parliament must provide for—
(a) the establishment of rural local authorities;
(b) the election, by registered voters in the rural areas
concerned, of councils to manage the affairs of the local
authorities referred to in paragraph (a);
(c) the election of chairpersons, by whatever title they may
be called, to preside over the councils referred to in
paragraph (b); and
(d) the qualifications of members of the councils referred to
in paragraph (b).
(3) Different classes of local authorities may be established
for different rural areas, and two or more different areas
may be placed under the management of a single local
authority.

276 Functions of local authorities

(1) Subject to this Constitution and any Act of Parliament, a
local authority has the right to govern, on its own initiative,
the local affairs of the people within the area for which it has
been established, and has all the powers necessary for it to
do so.
(2) An Act of Parliament may confer functions on local
authorities, including—
(a) a power to make by-laws, regulations or rules for the
effective administration of the areas for which they have been
established;
(b) a power to levy rates and taxes and generally to raise
sufficient revenue for them to carry out their objects and
responsibilities.

277 Elections to local authorities

(1) Elections of councillors of local authorities must be held—
(a) in the case of a general election of mayors and
councillors, concurrently with a general election of Members
of Parliament and President;
(2) Elections of mayors and chairpersons of local authorities,
other than mayors or chairpersons on whom executive powers
have been conferred under section 274(5), must be held at
the first sitting of the councils concerned following a general
election.
(3) Except as otherwise provided in subsection (2) or an Act of
Parliament, mayors, chairpersons and councillors of local
authorities assume office on the ninth day after the
announcement of the results of the general election in which
the councillors were elected.
 Scope for political interference

Re Urban Councils
President can dismiss mayor if he or she is guilty of
conduct that renders him unsuitable as mayor or mentally
or physically incapable of performing functions.
Also has power to suspend councillors.

[Old provision: Minister can suspend if suspects on

reasonable grounds of engaging in conduct that renders
unsuitable as mayor or criminal proceedings that could
lead to prison without option.]
114 Suspension and dismissal of councillors
If Minister has reasonable grounds for suspecting that councillor
—
 has contravened any provision of Prevention of Corruption
Act; or
 has committed any offence involving dishonesty in connection
with funds or other property of council;
 has been responsible—
 through serious negligence, for loss of funds or property
of council; or
 for gross mismanagement of funds, property or affairs of
council;
whether or not the councillor’s responsibility is shared with other
councillors or with any employees of the council;
may suspend councillor from exercising all or any of his functions
as councillor.
As soon as is practicable after has suspended councillor & in any
event within 45 days, Minister must cause thorough investigation
to be conducted with all reasonable dispatch to determine
whether or not councillor guilty.

If, following investigation, Minister is satisfied that grounds of

suspicion on basis of which he suspended have been
established as fact, he may, by written notice to council and
councillor, dismiss councillor, and councillor’s seat will become
vacant.

(5) Person so dismissed is disqualified from nomination or

election as councillor for 5 years.
Previously where councillors suspended Minister could
appoint commissioners (even if not residents) to exercise
functions.

Maximum period for which commissioners serve 6

months.

Zvobgo v City of Harare (2005)

Illegal for councillors to serve beyond 6 months – actions
taken after 6 months illegal – local people entitled to be
represented by elected body.
2008 amendment
Minister may appoint up to 3 caretakers.
Caretakers hold office during the pleasure of the Minister,
but his or her office shall terminate—
(a) as soon as there are any councillors for council area
who are able to exercise all their functions as councillors;
or
(b) ninety days after the date of his or her appointment;
whichever occurs sooner.
 2020 Constitution
278 Tenure of seats of members of local authorities
(1) …
(2) An Act of Parliament must provide for the establishment of
an independent tribunal to exercise the function of removing
from office mayors, chairpersons and councillors, but any such
removal must only be on the grounds of—
(a) inability to perform the functions of their office due to
mental or physical incapacity;
(b) gross incompetence;
(c) gross misconduct;
(d) conviction of an offence involving dishonesty, corruption or
abuse of office; or
(e) wilful violation of the law, including a local authority by-law.
(3) A mayor, chairperson or councillor of a local authority does
not vacate his or her seat except in accordance with this
section.
 URBAN COUNCILS ACT

309 Minister to be furnished with reports, etc

Minister may from time to time require a council to
submit to him certified copies of records of its
proceedings, statistics & other documents, & such other
information as he may consider necessary for the
effective discharge of his duties & responsibilities in
terms of this Act or for any other purpose, & the council
must comply with any such requirement.

311 Minister may initiate inquiry by investigators where

desirable in public interest re – good governance, failure
by council to undertake functions etc – on receipt report
can take from investigators Minister may take such
steps as in his opinion are necessary or desirable to
rectify any defect or omission revealed by the report.
Where Minister of view that a council resolution,
decision or action is not in interests of the inhabitants
of the council area or is not in national or public
interest, Minister may direct council to reverse,
suspend or rescind such resolution or decision or to
reverse or suspend such action. Council must comply.
(s 314)
Approval of the Minister is required for by-laws and may
modify them. (s 229)

Approval of Minister required for borrowing of money by

Council (s 290)

Minister may give a council such directions of a general

character as to the policy it is to observe in the exercise of
its functions, as appear to the Minister to be requisite in
the national interest. Must first give council notice in
writing of proposed direction & council must give its
views on proposal & implications to council finances.
Council must comply with such directions. (s 313)
 COPAC
279 Procedure of local authorities
An Act of Parliament must provide for the procedure to be
followed by councils of local authorities.
 Urban Councils Act
Where council fails to perform any duties imposed upon it
by this Act or any other law or final council accounts for
financial year reveal accumulated deficit on consolidated
revenue account & the council has not provided
satisfactory explanation for why deficit has not been
eliminated or reduced, Minister may, after having given
council an opportunity to submit any representations, direct
council to take such action as he considers necessary
within time specified. If council fails to take this action
within time specified, Minister may take appropriate action
on behalf of council & recover the expenses incurred in
connection therewith from the council. (s 315)

If does not do what supposed to ito this Act or within time

required, Minister may order all such steps to be taken as in
his opinion are necessary or desirable to rectify position &
an act done in terms of Minister’s order has same
force & validity as if originally done in accordance with
the appropriate provisions of this Act:
Provided that no person shall thereby be deprived of
any right which he may have acquired before Minister
makes such order. (s 316)
 Urban local governance
Soon after independence, government abolished previous
system under which so-called township areas separately
administered. Now both high and low-density areas are
administered under the same system of local government.
Under scheme of decentralisation incorporated UCA elected
local government bodies given responsibility of providing
services to the public & regulating the affairs of their local areas.
Various types of urban local government bodies. Town,
municipal & city councils. Powers depend upon nature & extent
of area they administer. Range from small authority such as
town council with powers to determine & execute very limited
measures within small area to large body such as city council
with broad permissive powers, as well as obligatory functions &
possess considerable autonomy in determining & financing
priorities in its area.
 Urban Councils Act

4A Membership of municipal and town councils

(1) Subject to this Act, every municipal and town council shall
consist of—
(a) one elected councillor for each ward of the council area; and
(b) such number of appointed councillors representing
special interests, not exceeding one-quarter of the number
of elected councillors, as the Minister may fix in respect of
the council by statutory instrument, and who shall hold
office during the pleasure of the Minister.
(2) Appointed councillors shall participate in the business of the
municipal or town council to which they are appointed and
perform the same functions and be entitled to the same benefits
in every respect as if they were elected councillors, except that
they shall not have a vote at meetings of the municipal or town
council concerned.
 Urban Councils

Functions such as housing development, roads, water

supply, provision of health services, schooling, refuse
collection etc
Second Schedule
1. Land, buildings and works.
2. Open spaces.
3. Recreational facilities.
4. Showgrounds.
5. Trees.
6. Conservation of natural resources.
7. Cultivation and farming.
8. Grazing.
9. Clearing of land.
10. Stock pens and dip tanks.
11. Slaughter-houses.
12. Markets and agricultural produce.
13. Sale of products.
14. Conduct of liquor undertakings.
15. Manufacture and sale of mahewu.
16. Application of controlled liquor moneys.
17. Charges.
18. Plant and machinery.
19. Roads, bridges, dams, etc.
20. Decorations and illuminations. 22.
Public conveniences.
23. Effluent or refuse removal and
treatment.
24. Control of pests.
21. Advertising hoardings.
25. Hospitals and clinics.
26. Ambulances.
27. Creches.
28. Maternity and child welfare services.
29. Family planning services.
30. Charitable institutions.
31. Maintenance allowances.
32. Funerals.
33. Grants to charities, sports, etc.
34. Grants to local authorities.
35. Educational institutions.
36. Youth centres.
37. Employment bureaux.
38. Libraries, museums, theatres, public
halls, botanical and zoological gardens.
39. Orchestras and bands.
40. Aerodromes and helicopter stations.
41. Boats.
42. Publicity.
43. Public entertainment.
44. Congresses.
45. Courses for councillors and employees.
46. Subscriptions to associations.
47. Travelling expenses.
48. Loans to employees for transport.
49. Insurance.
50. Mementoes.
51. Coats of arms and seal.
52. Freedom of the municipality.
53. Monuments, statues and relics.
54. General.
96 Standing committees of council
May set up committees but must have finance committee, an
audit committee, a health and housing committee, an
environmental management committee
Audit committee
The mayor, the deputy mayor and chairperson of every
committee of council must not be a member of, nor be entitled
to attend any meeting, of the audit committee.
Functions of audit committee
(1) The functions of the audit committee shall be—
(a) to inquire into and report upon the manner in which the
finances of the council, its assets and human resources are
being used;
(b) to ascertain whether the funds and assets of the council are
applied to the purposes intended and are consistent with any
regulations and standing orders issued by the council, or the
Minister, as the case may be;
(c) to call for information, explanations and evidence in respect of any matters in
respect of which the auditors have made observations;
(d) to receive and consider reports of internal and external auditors and make
appropriate recommendations to the council;
(e) to recommend to the council appropriate methods of investment of moneys, and
custody of any other properties of the council.
(2) The audit committee shall report its proceedings only to the council:
Provided that where the Minister requests a report of such committee, the
committee shall comply with such request.
(3) The council shall pay due regard to any recommendation made by the audit
committee in terms of paragraph (e) of subsection (1), but shall not be obliged to
act in accordance with any such recommendation.
May also establish special committees
 Financing of Urban Councils

Operations financed in various ways. Include:

 grants from central government for general administration costs,
including paying for recurrent expenditure like salaries and wages;
 loans received under Public Sector Investment Programme for
infrastructure development;
 levies, rates, & rents paid to council for services rendered by
government such as refuse collection, sewerage & water;
 charges, rates & levies on various types of property within area;
 taxes on land owners, mining locations, licensed dealers & permit
holders;
 charges for issuing of licences & permits,
 charges rental for property let out by it;
 interest earned on moneys invested by council.

With written approval of Minister & subject to such terms & conditions
as he may impose, council may engage in any commercial, industrial,
agricultural or other activity for purpose of raising revenue for council
[s 80].
 Rural local governance

Up to 1988, separate system of local government for

communal lands & purchase areas (district councils) &
commercial farming areas (rural councils).
Reflected racially differentiated system established by old
regime.
In 1988, Rural Districts Council Act passed. Replace dual
system of local government in rural areas with a single
unified system applying in all rural areas.
Establishment of Rural District Councils

Whenever he considers it desirable, President may, by

proclamation in the Gazette establish a rural district council
for any district, give it a name & divide the council area into
wards [s 8].
 Rural District Councils Act
11 Membership of councils
(1) Subject to this Act, every council shall consist of—
(a) one elected councillor for each ward of the council area; and
(b) such number of appointed councillors representing
special interests, not exceeding one-quarter of the number
of elected councillors, as the Minister may fix in respect of
the council by statutory instrument.

District Administrator is Chief Executive Officer of council -

effectively became chief advisor to council, chief implementer,
government regulator & monitor.
Councillors directly elected & council chaired by chairperson
elected by council. All rural councillors are part-time.
 Rural District Councils
Functions related to needs of rural communities - include
farming, roads, bridges, dams, hospitals, clinics, schooling
etc
Powers: Include farming, roads, bridges, dams, water, hospitals,
clinics, health services, sewerage, control of pollution,
education, libraries, halls & grants to charities.
Minister may authorise council to do any act which, in his
opinion, is incidental to exercise of council’s powers or
necessary or desirable in interests of all or some of inhabitants
of council area.
Classification of land in council area
Minister may declare that any land in Council area is -
 large-scale commercial land; or
 resettlement land; or
 small-scale commercial land; or
 urban land.
Rural District Council committees

Council must establish:

 finance committee,
 road committee,
 ward development committee,
 rural district development committee &
 natural resources conservation committee if council has an
intensive conservation area;
 town board (where any land in council area is classified as
town area).

May also appoint area committee to exercise any function of

council within area of urban land within council area & such
other committees as it considers desirable.
Town board consists of councillors elected for town wards
in town area & council must delegate to this board its
powers which are solely concerned with town area for
which town board is appointed, except that council retains
power to impose levies, rates, special rates, rents or
charges, to borrow money, to expropriate property or to
make by-laws.

Functions of ward development committees to draw up

development plans for their wards.

Rural district development committees to assist in

development of council area by doing such things as
considering ward development plans & making
recommendations to council about matters to be included in
annual development plan & other plans.
 Public Participation

Ways in which local authorities can conduct their affairs

with greater transparency & with more active
involvement & participation from local inhabitants &
greater involvement of women in LG bodies.
Notice & comment procedure
Public inquiry
Public meetings to explain actions or proposed actions.
Involve local community in work of councils – use local
expertise amongst local inhabitants on voluntary basis to
assist councils to perform tasks – engineers, medical
personnel, lawyers etc
 By-laws (Urban Councils)

Councils have power to make by-laws.

After passing resolution for making of by-law,
– must place for inspection for 30 days a copy of proposed by-
law at offices of council or at any other place where notices of
council are usually displayed &
– publish a notice in a newspaper and to be posted at some
prominent place in the council area:
• describing the general effect of the proposed by-law & the
area to which it will apply;
• stating that a copy of the proposed by-laws is open for
inspection; and
• inviting persons who have objections to the proposed by-law
to lodge their objections, in writing with the council within 30
days of publication of the notice in the newspaper.
If any objections, council must not pass a resolution to
make the proposed by-law until it has reconsidered it in the
light of objections.

Minister must approve all by-laws. After a council has

resolved to pass proposed by-law, must submit to Minister
for his approval together with copy of any objections thereto
that have been lodged & council’s comments or
recommendations. Minister may approve it or withhold
approval. After consulting with council, Minister may amend
or modify by-law if this seems to him or her to be advisable
and this is not opposed to the true spirit and intent of the
proposed by-laws as advertised.

By-law becomes law after it has been approved by Minister

& been published as SI.
 Financial accountability

LG bodies cannot be allowed free rein to misappropriate

funds & engage in corrupt practices.

Need for systems to prevent – proper audit – local people

should have access to information about use of finances
by body.

But not heavy-handed, politically inspired interference by

central government.

Some countries have a local government ombudsman to

receive complaints about maladministration within local
government institutions.
 Development in local areas

In harsh economic climate, impossible for local bodies

alone to carry out extensive development programmes –
revenue base small – little scope for income generating
programmes.

Need for central government inputs – must be

collaboration & interaction with central government – but
if local bodies composed of members of party other than
ruling party, politics may enter into picture & central
government can deliberately starve them of resources &
then claim that local bodies inefficient & ineffective.

Also obtain assistance from local and international donor

agencies.
Powers of Minister

Various powers in relation to councils.

Appoint any person to examine council’s accounts & records of a council [s

138].

If considers necessary or desirable in public interest, appoint one or more

persons as investigators, to investigate any matter that relates to good
government of council area, or anything relates to conduct of council or
any of its committees [s 154].

Where, in Minister’s opinion council has failed to give effect to any duty
imposed upon it by Act, may after having given council opportunity to
submit representations, direct council to take such action as considers
necessary within specified time. If council fails to take Minister may take
appropriate action on behalf of council & recover expenses incurred. [s
155].

Minister may order taking of action which should have taken in terms of
Act. [s 156].
s 157 Minister may, by written notice to councillor & council, suspend councillor
from exercising all or any of his functions as councillor if has reasonable grounds
for suspecting that councillor:
 contravened any provision of the Prevention of Corruption Act;
 contravened s 48 of the Rural Districts Council Act;
 committed any offence involving dishonesty in connection with council funds or
property;
 been responsible through serious negligence, for loss of council funds or
property or for gross mismanagement of council funds, property or affairs; or
 has not relinquished office after his seat became vacant.
As soon as is practicable after suspension Minister must cause thorough
investigation to be conducted with all reasonable dispatch to determine whether
or not councillor is guilty.
If, following investigation, Minister is satisfied that rounds established can dismiss
councillor by written notice to council & councillor.
Appoint one or more commissioners to act as council if no councillors or all
councillors for council area unable to exercise all or some of their functions.
Commissioner cannot, without Minister’s approval exercise power to impose
levies or to alienate any land or interest in land or to increase any charge fixed or
levied by the council or to fix any new charge [s 158].
Powers & functions set out Act. (However, the smaller councils only
given power to carry out some of these.)

Functions specified in Act include housing development (including low

cost housing), road maintenance, organising water supplies,
operating hospitals, acquiring land, running markets, etc.
Mayor and Deputy Mayor

At first council meeting after established & thereafter at first meeting after
general election of councillors, councillors present elect

 with municipal council, 1 councillor or other person to be mayor &

another councillor to be deputy mayor;
 with town council, elect councillors as chairperson & deputy
chairperson.
Provisions for large number of matters that can pass by-laws on e.g. by-
laws regulating building construction, licensing by-laws & by-laws aimed
at disease prevention. Can simply adopt model-by laws or can draw up
own by-laws to suit local conditions.

Services:
Obligatory services - essential services which the public is obliged to use
& pay for, such as refuse & sewerage disposal & supply of potable water;
Optional services such as public transport & health services.

s 315 Minister may intervene & take appropriate action where council fails
to perform its duties or to deal with its budgetary problems.

Finance
Main sources of finance rates charged on land & buildings & rentals of
properties. Licensing fees are also a source of revenue as well as
charges for services.

Councils may also, with consent of local government minister & finance
minister raise necessary funds by issuing stock, bonds, debentures or
bills. [s 290].
 Financial controls

Act provides for a series of stringent financial control measures.

Before start of financial year council must appoint auditor person or persons
approved by Minister who are registered as public auditors or who, in opinion of
Minister, are otherwise competent to carry out functions of auditors.
Council can’t sack auditor unless approved by special council meeting &
approved by Minister.

Council must produce to auditor all relevant books etc & balance sheets.
Auditor power without notice to examine council records & assets.
Makes report on whether balance sheets & accounts true reflection of financial
position of council & can draw attention to material loss or deficiency especially
where due to misappropriation.

Copy of final accounts, together with auditor’s report, must be by town clerk at
council office – open to inspection by anyone during office hours.
Must submit accounts & auditor’s report to Minister. Ss 304 -307
Must have audit committee consisting of mayor, deputy mayor & chairperson of
every council committee. [s 96]

Functions
 inquire into & report upon manner in which council finances, assets & human
resources being used;
 ascertain whether funds & assets are applied to purposes intended & are
consistent with any Council regulations & standing orders or by Minister;
 call for information, explanations & evidence in respect of matters about which
auditors have made observations;
 to receive & consider reports of internal & external auditors & make appropriate
recommendations to council;
 to recommend to council appropriate methods of investment of moneys, &
custody
of any other council properties.

Audit committee reports its proceedings only to council, but Minister may request
copy of report.

Council must pay due regard to any recommendation made by audit committee bu
not be obliged to act in accordance with any such recommendation.
 Zvobgo v City of Harare & Anor HH-80-05 (Makarau J)

The applicant and 17 other employees of the City of Harare were suspended
from duty, following the findings of a committee of inquiry set up by the
Minister of Local Government in terms of the Urban Councils Act. At the time
of the suspension of the applicant and the other employees, the City’s affairs
were under the management of a commission appointed by the Minister in
terms of s 80 of the Act, following the suspension of the elected councillors.
The appointment of the commission in terms of s 80(3) was for a period of six
months. In spite of this limitation, the Minister re-appointed the commission,
which continued in office for nearly 3 years. During the first 6 months of its
tenure, the commission resolved to appoint a special committee to inquire
into the allegations faced by the 18 suspended employees. After the first six
months of its lifetime, the commission appointed a committee in accordance
with the resolution. That committee was dissolved and another appointed,
which commenced inquiries into the allegations of misconduct by the
applicant in spite of objections raised by the applicant about the legitimacy of
its actions. The applicant sought an order setting aside the committee’s
actions as void.

The respondents accepted that it was illegal for the commission to continue
in office after 6 months, but argued that since the commission was the only
authority running the affairs of the City, its otherwise illegal acts must be
legitimated on the basis of Kelsenian efficacy.
Held:
(1) the fact that the committee was appointed by an illegal commission in
pursuance of a resolution passed during the lawful tenure of the commission
did not clothe the committee with legitimacy, as the passing of the resolution
and the appointment of the committee were two separate juristic acts.

(2) The theory of efficacy has found expression mainly in international law
situations to avoid vacuums created by the toppling of one grundnorm by
another. It is only applicable in situations where the grundnorm has been
suspended or has become defunct and a vacuum has thereby been created and
will remain if the court does not validate the new grundnorm. It has thus been
applied in cases of revolutionary changes to entire governmental regimes
where such change is deemed successful, the measure of success being the
response of the governed people to the coup and the fact that there is no other
government in opposition to the new order. It is nothing other than a useful
weapon in the arsenal of a court which intends to capitulate or seek to
recognise the illegal regime as the only other option would be for the court to
fearlessly declare the law as the court sees it to be, whatever the future
consequences will be. It is an excuse on the part of the court to expressly
support and uphold the coup or revolution without appearing to have
participated in the illegality.
(3) The theory does not apply to domestic law, because there is no change
in the grundnorm. Domestic law is itself not the fundamental law and needs
no independent validation other than that which the grundnorm confers on
it. Vacuums created by the domestic law should be filled by making
reference to the grundnorm and applying domestic remedies. The theory
cannot be invoked to destroy the grundnorm by legitimising acts that are
illegal under the grundnorm. Thus, an unconstitutional act cannot be
declared valid and legitimate by invoking the theory as this will lead to
anarchy and self help in domestic law.

(4) The vacuum sought to be filled by the application of the theory was
fictional. It was created not by the absence of relevant domestic laws but by
the misapplication of those laws. Domestic remedies in the form of the
express provisions of the Urban Councils Act abounded on how to fill the
alleged vacuum. The commission was allowed to remain in office past its
legal mandate, thereby creating the fictional vacuum. To legitimise what was
clearly illegal would be to offend against the clear letter of the law as
contained in the Act and to usurp the functions of Parliament by seeking to
legislate from the bench by excusing that which parliament has decreed
illegal.
 Whether natural justice applies to work of investigating body

Moyo v President, Board of Inquiry & Ors (1996) police inquiry board
conducted inquiry into whether a police officer was an unsuitable person to
remain in the force & recommended to Commissioner that the officer be found to
be unsuitable to remain in force. HC: although inquiry board’s task was not to
make decision but to collect evidence & make a recommendation to
Commissioner who would make a decision as to whether the applicant was
suitable to remain in the Force, this did not mean that Board was not obliged to
observe the precepts of natural justice. Bodies which collect evidence upon
which the decisions affecting the rights of individuals are made have a duty to
act fairly - must observe rules of natural justice, unless there are special
circumstances to the contrary or the enactment expressly excludes them. They
must inform the person involved of complaints made against him & give him
opportunity to make relevant statements with regard to those allegations.

But in Motsi v A-G & Ors (1995), HC decided that principles of natural
justice did not apply in respect of an investigation carried out into alleged
corruption by a company. Under the Prevention of Corruption Act when a
Minister has declared a person to be a specified person in terms of Act he must
appoint an investigator to carry out an investigation into that person. The
investigator must report the results of investigation to the Minister. Clearly the
Minister will be influenced in his final decision as to whether to continue with the
order or to lift it.
Minister had appointed investigator using these powers.

Court decided principles of natural justice only applied to judicial and quasi-judicial
adjudication. Investigator not an adjudicator & principles of natural justice therefore
didn’t apply. The investigation could thus not be impugned on the basis that as the
investigator was a director of the complainant company, he could thus have been
biased.
Wrong. Categorisation into quasi-judicial & purely administrative fallen away as a
result of acceptance of the doctrine of legitimate expectation.
In any event, person entitled to expect that investigation will be carried out objectively
& impartially. Final decision-maker will usually make decision based on results of the
investigation. If investigation not carried out fairly, a wrong final decision may be
made. It is particularly unfair that a person who is clearly biased against the person
being investigated or in respect of whom there is a reasonable suspicion of bias be
allowed to conduct an investigation. The principles of natural justice should thus apply
to investigations.
de Ville in Judicial Review of Administrative Action in South Africa at p 242 has this to
say: It is now accepted that the advice, findings or recommendations of an
investigatory body can adversely affect the rights or legitimate expectations of a
person. The audi rule is therefore applicable to the proceedings of such an enquiry
where a person or body can suffer prejudicial consequences because of the report or
recommendations of the statutory body concerned.”
 Status of Councils

While the Constitution expressly states in section 63(4) that the life of the new
Parliament is deemed to commence when the President is sworn in, there is no
similar provision for councils in either the Constitution or the Urban Councils Act or
Rural District Councils Act.
47 Assumption of office by councillor
(1) A person who is deemed to have been elected as a councillor at the close of the
nomination court in terms of section 125 of the Electoral Act shall assume office—
(a)…;
(b) …;
(c) in the case of a general election of councillors, on the day following polling day.
[Subsection substituted by section 13 of Act 1 of 2008.]
The press reports state that the Minister has appointed "commissions" to run the
affairs of major local authorities until the elected councils are able to take over.
[Note: the law no longer provides for the appointment of "commissioners" to run the
affairs of councils left without functioning councillors; the term now used in section 80
of the amended Urban Councils Act, is "caretakers". The appointment of caretakers
is permitted when elected councillors are "unable to exercise all or some of their
functions as councillors".]
 Constitutional guarantee of autonomy of local
authorities
in SA Constitution

Status of municipalities

151.
A municipality has the right to govern, on its own initiative, the
local government affairs of its community, subject to national
and provincial legislation, as provided for in the Constitution.

The national or a provincial government may not compromise

or impede a municipality’s ability or right to exercise its
powers or perform its functions.