Swift intervention needed to stop rot in councils
GROSS incompetence in urban councils has now reached unacceptable levels in a democratic society governed by the rule of law. Urbanites, along with the rest of Zimbabweans, have the right to life as is guaranteed by Section 48 of the Constitution, yet many precious lives are being lost to outbreaks of diseases on the back of what is notably gross incompetence of urban councils.
The Constitution, under Section 73, also guarantees that Zimbabweans fully enjoy the right to a clean environment, one that is not harmful to their health or wellbeing, and to also have an environment that is protected for the benefit of present and future generations.
The persistent outbreaks of cholera on the back of perpetual overflows of raw sewage in most residential areas demonstrate the gross incompetence of urban councils in Zimbabwe.
Outbreaks of malaria, road accidents caused by bad urban roads, robberies and murders perpetrated under darkness due to lack of street lights, and losses of lives due to fire blazes caused by overcrowding and misuse of city buildings are also hazards bearing down on our society as a result of the gross incompetence of urban councils. Almost across all urban areas in Zimbabwe, the tragedy of piles of smelly uncollected garbage, and the swelling up of pools of industrial and domestic effluent are vivid testimonies of the lawlessness that characterises these local authorities.
Yet they hope to remain in charge and unaccountable.
Disciplinary action against councils and the law Zimbabwe’s Constitution provides for the removal from office of mayors, chairpersons and councillors on grounds of gross incompetence.
Section 278 (2)(b) of the Constitution of Zimbabwe provides that “An Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing from office mayors, chairpersons and councillors, but such removal must only be on the grounds of (2)(b) gross incompetence”.
For purposes of abiding by the letter and spirit of the Constitution, it is strongly recommended that our Parliament fast-tracks an Act that provides for the setting up of a tribunal for the removal from office of those mayors, chairpersons and councillors who are grossly incompetent in discharging their statutory roles.
In the meantime, whist Parliament is putting in place the legislative framework for this disciplinary instrument for councils, Government’s Executive arm has the power to cause creation of the independent tribunal through deployment of the Presidential Powers to make laws under statutory instruments.
Parliament would then do the needful processes of ratifying the law on a permanent basis.
With people dying every day due to the gross incompetence of urban councils, remedial measures have to be taken without further delays.
Provisions of the Urban Councils Act, Chapter 29:15
measures against errant and grossly incompetent councillors.
Section 114(1)(b) of the Urban Councils Act, Chapter 29:15, also provides that the Minister for Local Government (and Public Works) can also dismiss mayors and councillors for gross incompetence. This is, however, overshadowed by the constitutional provision that requires an independent tribunal to be the one to dismiss underperforming councillors.
Anatomy of urban councils’ gross incompetenceBy virtue of the scope of works conferred on urban councils under the Urban Councils Act, it is easy to measure the extent to which our urban councils are delivering on their statutory mandate.
Specifically, the urban councils are bound by law to provide several services to ratepayers and the nation in general.
These include collection of garbage, management and treatment of raw sewage, provision of street lighting, water reticulation and sanitation, ensuring safety standards in all construction works (be it residential or commercial), and providing fumigation services to prevent and exterminate noxious insects and vermin. Urban councils are also mandated to maintain urban roads to the highest safety standards, as well as taking preventative measures against fire outbreaks in the built environment. Councils also ought to provide safe and well-maintained parks and recreational facilities, providing community halls, regulating and licensing of crèches, as well as providing well-managed cemeteries, among several other things.
Zimbabwe’s major urban councils have dismally failed to deliver on their statutory mandates. They have fervently focused on activities that bring forth to councillors direct personal benefits, be it through self-carved extractive rent-seeking allowances or contracts nesting corrupt kickbacks.
Mountains of uncollected garbage are piling up. Urban public pavements and streets are not being swept clean.
Raw sewage streams are meandering across homesteads in most residential areas. Functional street lights are a rare sight.
Illegal settlements are allowed to mushroom without end in areas that have no running water, no sewage management systems and without electricity.
Wetlands are being illegally parcelled out to desperate home-seekers through corrupt deals with councillors.
Unlicensed agents are allowed to carry out electrical works in city buildings, leading to fires that are destroying lives and property.
Urban roads have become death-traps to the public due to gullies and potholes.
For example, 75 percent of the City of Bulawayo’s road network is in a terrible state due to perennial neglect, and the local authority now requires at least US$700 million to fix the mess.
The vast majority of residential areas do not have running and safe drinking water.
Where councils purport to engage in income-generating projects, these have generally morphed into looting platforms, with no tangible positive impact on those councils’ financial positions.
◆
Good management of solid waste is vital to curb the spread of cholera