Effects of anti-constitution laws (Part 2)

Editorial Comment
Legal implications of laws that militate against the new Constitution

Legal implications of laws that militate against the new Constitution

IN last week’s article, I looked at laws that are in variance with the Constitution in general and the Sections of the Urban Councils Act, Chapter 29:15 in particular, which are incongruous with to the supreme law.

Taking from where I left the previous week, I will talk to the remaining Sections of the Urban Councils Act, Chapter 29:15 in the following sequence.

  • Please note that Sections 115-130 of the same Act, were inadvertently cited as 155-1 130 my apology.

Section 229: Ministerial approvals of councils’ budgets or directives have been seriously abused, for example the directive to allocate 30% and 70% of council’s income to salaries and services respectively.

There is no scientific formula for arriving at this ratio, raising concerns that it could be thumb-sucked. In contrast, civil Service salaries gobble 75% of the fiscus.

This is mindboggling. The freezing of recruitment by the same directives has adversely impacted on service delivery and industrial relations at local authorities.

In most cases, a single employee performs between three to five people’s jobs, owing to the so called recruitment freeze. Other directives have to do with the appointment of commissioners to run Councils in situations where the minister would have fired the council in question.

Councils are unable to hire even a cleaner/sweeper without ministerial approval.

The latest directive being the reinstatement of the town clerk of Harare ahead of the finalisation of the alleged misconduct case. Instead, the minister is supposed to be an enabler, facilitator and not both policy maker and implementer.

Section 233-235: There is urgent need to curb the excessive powers of the minister in this regard.

Section 292: Under these hard times, there may be need to verement capital funds to cushion employees’ salaries.

Currently, some local authorities are in excess of seven months’ salary arrears.

One would expect the minister to be in the forefront in assisting local authorities recover debts owed by government departments which contribute 80% of the total debts due to local authorities.

Unfortunately, the, minister has chosen to persecute local authorities for reasons best known to him.

Section 303: is a good example of how power can be abused.

The cancellation of councils’ debts was based on a misrepresentation of the provisions of this section.

Section 311:- to be repealed

Section 313-315 to be repealed,

Admittedly, this is not an exhaustive exercise, as such it goes on to prove how studious the exercise of identifying offending Laws is.

Indeed this exercise cannot be left to individual ministries to deal with, owing to issues of self centredness.

In case the Parliamentary Committee on Legal Affairs, for one reason or another is deemed not suitable for identifying and making recommendations on wayward laws, a different committee endowed with legal skills can be appointed to look into all Acts and submit findings and recommendations to the Parliamentary Committee On Legal Affairs.

Legal minds, Parliament, relevant ministries, the Law Society of Zimbabwe and organisations of same mind need to come aboard in contributing to this pivotal debate on the best way forward in harmonising and sanitising all wayward laws.

Bearing in mind that the supreme law has nullified any inconsistency with its provisions, be it any law, practice custom or conduct, there is urgent need to conscientise all stakeholders regarding the application of the Constitution in so far as it relates to other inferior laws.

A vanguard of focused and committed citizens, is hereby invited to join the loud and clear chorus that demands the enforcement of the provisions of the supreme law regarding the nullification of all unsanitised pieces of legislation.

Justice delayed is justice denied.

  • Moses Tsimukeni Mahlangu is the general secretary for Zimbabwe Urban Councils Workers’ Union. He is a labour consultant and arbitrator. Feedback: Email: [email protected] Cell: 0775 547 120 or 0712 864 275