The findings by Parliament’s legal committee that Local Government minister Daniel Garwe usurped the powers of three local authorities when he gazetted a staggering 21 statutory instruments this year are a serious cause for concern.
Garwe issued a flurry of S1 recently introducing by-laws in Masvingo, Plumtree Town and Insiza Rural District Council that have since been declared unconstitutional by the committee chaired by Zanu PF’s Jonathan Samukange.
The new regulations imposed on the three local authorities ranged from the introduction of clamping and towing of cars to banning of fishing in dams around Plumtree.
Parliament’s legal committee has since found SIs 89, 90, 91, 92, 94, 95, 96, 97, 98, 100, 102, 107, 109, 110, 112, 114, 115, 116, 117, 118 AND 121 of 2025 “flawed, ambiguous and unconstitutional.”
The committee said the SIs were “invalid for being ultra vires the Urban Councils Act and the Rural District Councils Act, as well as the constitution.”
“The minister usurped the power of the urban and rural district councils’ by-law-making powers as reflected in statutory instruments 90, 92, 97, 100, 114, and 118 of 2025,” reads the report.
“In terms of the Urban Councils Act [Chapter 29:15] in sections 228(1), 228(3), and 229, by-laws are to be made by the council and subsequently submitted to the Minister for approval.”
The committee cited Section 228 (1) of the Act, which indicates that a council may make by-laws for all or any of the matters referred to in section 227 and may at any time thereafter amend or repeal any by-laws so made.’
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The committee also cited section 229 (1) and (2) of the Act where the minister is required to await submission of the proposed laws from any urban or RDC.
It said the minister did not follow this procedure.
Garwe has in the past been accused of interfering with the running of local authorities, most of whom are run by the opposition.
In August, the minister said he was banning night vending and the selling of second hand clothes in urban areas but his directive was largely ignored.
He has also been accused of imposing controversial contracts on local authorities such as Bulawayo and Harare. The MPs must be applauded for their brave oversight role they played in stopping the minister’s clear abuse of power.
It is also high time that councillors stand up to minister like Garwe, who do not know their boundaries to protect the interest of rate payers.
