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Monday, 14 October 2013
provincial and local governments critical
Local and Provincial Governments Key To Good Governance and Development
By Dumisani O. Nkomo
The new constitution provides a reasonable framework for the country to put in place functional and effective provincial ,metropolitan and local government structures .There is a need for the country to move swiftly to ensure that the three tiers of government created by the new constitution work effectively and efficiently bringing the desired output o good governance ,development ,equitable distribution of resources and citizen participation in decision making processes
Tiers Of Government
The new constitution for the first time in the history of Zimbabwe acknowledges three tiers of government namely national government ,provincial and metropolitan government and local government with the later consisting o urban and rural councils .It is however necessary to unpack the roles ,responsibilities and parameters of these different tiers of government to avoid duplication ,confusion ,bureaucracy and in ultimately policy inertia .The devolution of power contained therein may be stillborn if those mandated to implement it do not understand how it should work or if there is conflict of laws and policies or the absence of enabling legislation .
Good Governance
It is my belief that if these three tires of government especially provincial and local government function effectively this will lead to good governance and ultimately socio economic development of various regions ,provinces and districts especially areas which have been subject to historic marginalization such as the Midlands ,Matabeleland ,Masvingo and parts of Manicaland .
The new constitution attempts to capture good governance as reflected by a state
“that adopts and implements policies and legislation to develop efficiency ,competence ,accountability ,transparency ,personal integrity and financial probity in Government at every level and in every public institution [Chapter 2.2 Zimbabwe Constitution].
.Good governance should not be an abstract academic concept but that which delivers bread and butter to the people through the provision of basic services e. g education ,health ,water ,electricity as well as access to resources .Some of these are entrenched in Chapter Four of the new constitution as socio economic rights .
Local Community Development and Empowerment
Meaningful local development and empowerment of local communities can only take place if the socio political architecture at provincial and local level gives expression to these ideals and aspirations through the existence of enabling participatory ,decision making structures ,policies and laws .This is captured brilliantly in chapter 2.8 of the new constitution which compels all state institutions at every level to ensure :
1.Local communities benefit from local resources in their areas .
2.Promote self reliance and private initiate
3.Bring about balances development of different areas of Zimbabwe .
4.Rectify imbalances resulting from past policies and practices .
A central government and state architecture that ensures that the above mentioned constitutional principles are adhered to will provide a sound framework for provincial/metropolitan councils and local councils to function .
Structure and Composition of Provincial and Metropolitan Councils
It is an emerging reality that most Zimbabweans even those who should be in the know have no idea about the composition ,structure and powers of the new provincial councils or metropolitan councils as is the case with Bulawayo and Harare .Chapter 14 of the new constitution speaks to this providing for devolution of governmental powers and responsibilities to appropriate levels .Whilst some might not like the word devolution it is not really the semantics that matter but the level to which there is statutory provision of placement of power from one level of government to another .Ultimately it is about what this system of government achieves in terms of socio economic development not the composition or semantics .Broadly the constitution defines the objects of devolution of government powers to provincial and metropolitan councils and local authorities as :
1.Giving powers of local governance to the people and enhance their participation in the exercise of the powers o the state and in making decisions that affect them .
2.To promote democratic ,effective ,transparent ,accountable and coherent government .
3.To recognize the right of local communities to manage their own affairs and to further their development .
3.To ensure the equitable sharing of local and national resources
4.To transfer responsibilities and resources from the national government in order to establish a sound financial base for e ach provincial and metropolitan and local authority .
Surely which Zimbabwean in her or his right frame of mind would be opposed to any of these objectives ?.No political party worth its salt can deny Zimbabweans at the local level the right to participate in decision making and development processes which enable them to be masters of their o their own destinies .Those who claim to champion empowerment but do not believe in empowering local communities are in ideological internal conflict and confusion .
However whilst the objectives of devolving power to provincial ,metropolitan councils and local authorities is to all intents and purposes very sound it is the de tail which may be confusing ,contradictory or unclear .
For the avoidance of doubt there are eight provincial councils and two metropolitan councils the metropolitan councils being that of Bulawayo and Harare
Functions
The functions of the provincial and metropolitan councils primarily are that of socio economic development of respective provinces ,co ordination of government programmes ,natural resource management ,promotion of tourism ,evaluation o use of resources and other functions in a yet to be framed Act of parliament .The structure and staff of this level of government are also left to an Act o parliament which Act of parliament is not yet in place .
What may be confusing however is the fact that the metropolitan councils may encroach into the work of the Bulawayo or Harare local or municipal authority as they would primarily manage the same geographical space tough possibly the metropolis will be bigger .The metropolitan councils consist of all the elected councilors ,house assembly representatives ,Senators and is chaired by the mayor who is elected at the first sitting of the council .The constitution implies that the mayor cannot be executive unless he /she is directly elected by the electorate [Chapter 14.11]
It must be noted that a lot of the functions of the metropolitan and provincial councils are left to an Act of parliament and are not clearly articulated in the constitution .The current Provincial Councils Act is not adequate for these purposes as it is not in harmony with the new constitutional order .
Critically local government is also provided for in the new constitution but much is also left to an enabling Act of parliament .Both the Rural District Councils Act and the Urban Councils Act need to be urgently amended ,repealed or aligned to the new constitution so as to provide a sound framework for this new dispensation .
These tiers of government have an adequate foundation in the new constitution but these are inadequate in the absence of a supporting superstructure in the form of enabling legislation .Once a clear legislative framework is in place Zimbabwe can work towards sustainable socio economic development predicated on sound local democracy ,good service delivery and local development
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