By Nhau Mangirazi

A cold war is looming between local authorities after the parent Ministry of Local Government and Public Works ‘halted publishing of bylaws’ that may govern operations of councils and cities, an investigation has revealed.

Local authorities including rural and town councils, municipalities, and cities across the country submitted bylaws dating back to five years ago but they have not been approved by the ministry of Local Government and Public Works.

According to sources across the country, bylaws have not been approved for several years.

‘‘We submitted 18 bylaws in 2000 but nothing has been approved yet,’’ said one of our sources speaking on condition that he is not named.

He added that they submitted bylaws for scrutiny at local government ministry.

‘‘In fact when a local authority submits bylaws to the parent ministry, they are forwarded to Attorney General (AG) office for further scrutiny legally to see if the bylaw does not violate the constitution as the supreme law of the land,’’ explained one of our sources.

He, however, complained that the delays to approve bylaws have negative impact on local authorities operations.

‘‘The delays of approving bylaws has negatively impacted on local authority functions. It affects enforcement of law and order within the council, municipal or city boundary. It further affects revenue collection as these bylaws are source of financial boost for local authorities,’’ added another official in Midlands province, speaking on condition that he is not named.

A sample of bylaws submitted include anti- litter, refuse disposal, water, noises control, hair dresser, control of worship open space, public health, hawkers and vendors, water drainage and sewerage bylaws.

Others include advertising, occupation of council property, model (building), protection of land and natural resources, incorporated areas, dog licenses, traffic and fire, push cart by-laws among others.

Further investigations have revealed that all local authorities are in receipt of an instruction from the Ministry of Local Government and Public Works to stop printing and gazetting of by-laws till further notice.

According to a letter by ministry secretary, John Basera dated 2 April 2024, all local authorities have called to stop publishing bylaws.

The letter is titled Halting of Gazetting of bylaws and is addressed to town clerks and Chief Executive officers at all local authorities.

‘‘The above matter refers. Following the adverse reports received from the Parliamentary Legal Committee on 27 March 2024 regarding Statutory Instruments 17, 18, 23 and 24 of 2024, we request that the gazetting of bylaws be held in abeyance until the issues raised in the report have been addressed,’’ reads part of the letter in our possession.

It further said printers have been asked to stop printing bylaws.

‘‘For those that has had already sent to the printers kindly note that communication to halt the same has been sent to the printers. Any inconvenience caused is sincerely regretted,’’ reads the letter.

The Statutory Instrument 17 is titled Mwenezi Rural District Council (Environment and Natural Resources Conservation By laws, 2024 while Statutory Instrument 18 is also on Mwenezi Rural district council on advertising.

Gwanda Town Council had its application under Statutory Instrument 23 of 2024 titled Gwanda Town Council (Advertising By laws).

The proposed bylaws were red-flagged by legal parliament committee forcing government to revisit the local laws before they are approved.

Welcome move-HRT

Harare Residents Trust (HRT) director Precious Shumba welcomed government stance that protect the general populace when local laws are enacted.

‘The government has taken the most appropriate directive to halt the implementation of some by laws. The findings by the Parliamentary Legal Committee are in terms of the Constitution of Zimbabwe. Every Bill of legislation goes through scrutiny by the Parliamentary Legal Committee to check whether it is consistent or inconsistent with the constitution. Where an adverse report has been produced, the offending provisions in the respective bill or bylaws have to be referred back to the originators or the one sponsoring it so that it is fine-tuned to comply with the constitution.

‘‘There is nothing amiss in that respect as long as it has been communicated through a transparent and accountable manner in the public interest,’’ said Shumba in a written response.

He added that residents cannot be taken for granted by infringing their rights willingly.

‘‘There is no benefit to the residents if outdated bylaws are replaced by some statutes that violate the supreme law of the land. The best solution is reviewing the bylaws, remove the offending provisions without delay,’’ added Shumba.

He blamed local authorities for ‘sleeping on duty’ over boosting financial reserves.

‘‘Revenue collection is an outcome of council resolutions and leadership style by the council leadership. This has nothing to do much with council by laws but already provided for in the Urban Councils Act (Chapter 29.15). Updating and establishing new by laws should be factored in the strategic planning document of the respective local authority so that the policymakers simply follow up to ensure their strategic policy documents are fully implemented.

‘‘The local authorities should never hide behind absence of by laws as justification for their failures to deliver services to the residents. Review and updating of by laws is a product of strategic planning. This means a local authority should plan for it in advance and prepare for it,’’ said Shumba

He noted that local authorities must work transparently.

‘‘Local authorities must be held accountable for producing bylaws that violate the constitution despite having legal experts within their departments. Service delivery has largely collapsed due to deliberate inefficiencies by the bureaucrats in local authorities,’’ concluded Shumba.

Karoi Development Agenda (KDA) a coalition of civic organizations fighting for social justice said the move by the government will protect citizens on their rights.

‘‘The bold stance by the government to stop bylaws is aimed at protecting the poor citizens who are being shortchanged by some councils. Our unending call is for social justice and better service delivery in our communities. Government must also improve on other sectors so that we remain equal citizens,’’ said KDA in a statement.

Of late some councils have come under fire for poor service delivery and financial mismanagement.