Local Government in the 2013 Constitution of Zimbabwe: Defining the Boundaries of Local Autonomy

Abstract

The 2013 Constitution of Zimbabwe recognises local government as the lowest tier of government in a three tier arrangement. Thus, local government, composed by urban and rural local authorities, now owes its existence directly to the Constitution and not to legislation as was the case under the previous constitutional order. The Constitution assigns to local authorities the responsibility to 'manage' and 'represent' the affairs of people in their respective areas. Every local authority is given the 'right to govern' its jurisdiction with 'all' the necessary powers to do so, including devolved powers. Thus, the Constitution recognises that, for the benefits associated with decentralisation to be realised, local authorities require a certain measure of local autonomy. The autonomy which this Constitution affords to local government is however unknown and unexplored, especially from a constitutional law point of view. In this article, we measure the degree of local autonomy guaranteed by the 2013 Constitution.

Corporate Governance and the Quality of Service Delivery in Local Authorities: Case of Masvingo Municipality

“…During the colonial era, local government was racially organised. Urban councils were responsible for managing urban areas inhabited mostly by whites and rural councils administered only those parts of rural areas which were occupied also by whites (Chigwata & Visser, 2018). In 1980, Zimbabwe inherited a system of local government in which local authorities enjoyed a mixture of delegated and devolved functions and powers (Marumahoko & Madhekeni, 2019).…”

“…The 2013 Constitution organizes government at the national, provincial and local levels. Provincial and metropolitan councils make up the provincial tier while the local tier of government is constituted by urban and rural local authorities (Mapuva & Takabika, 2020).Urban local authorities are established to manage and represent the affairs of people (Chigwata & Visser, 2018). The Constitution permits the establishment of different classes of urban and rural local authorities.…”

“…The Constitution permits the establishment of different classes of urban and rural local authorities. This system is designed to result in asymmetric decentralization (Chigwata & Visser, 2018). This constitutional provision is an acknowledgement of the differences between rural and urban areas and the local authorities (Chigwata & Visser, 2018).…”

Political and economic autonomy of local self-government as a factor of social infrastructure development in Russia

“…"Local government is one of the most important agents in the complex processes of building", "institutional thickness" to ensure the development of local economies and the quality of life of people (Young and Kaczmarek, 2000). The effective functioning of the infrastructure, the solution of local problems is associated with the autonomy of local authorities, their resource potential (Chigwata and de Visser, 2018).…”

Supervision of local government in Zimbabwe: The travails of mayors

“…at 143-145;Chakaipa (2010) at 33.42 Local Government Amendment Act of 2016 ss 2 & 3.43 Chigwata & De Visser (2018) at 174, 179 and 184. 44 See Jonga W "Prioritizing political banditry than good governance: rethinking urban governance in Zimbabwe" (2012) 2(24) International Journal of Humanities and Social Science 117 at 117-133.…”