Powers and responsibilities of local government.

The Constitution1 does not list the powers and responsibilities of local authorities. Instead the
Constitution presents a mixed picture in that Section 276(1) of the Constitution states that
subject to the Constitution and any Act of Parliament, a local authority has the right to
govern, on its own initiative, the local affairs of the people within the area for which it has
been established, and has all the powers necessary for it to do so. A system of ‘enumerated
powers would provide some degree of certainty as to what local authorities can and or shall
do. Instead, the Constitution gives Parliament the discretion to determine local powers and
functions through legislation.2

The legislative powers and functions of councils are mainly derived from three principal
pieces of legislation, namely the Urban Councils Act [Chapter 29:15], the Rural District
Councils Act [Chapter 29:13] for Rural District Councils and the Regional, Town and
Country Planning Act [Chapter 29:12], for both Urban Councils and Rural District Councils.
These Acts are administered by the Minister responsible for local government. However,
there are other pieces of legislation not administered by the Ministry responsible for local
government, which define local government powers and functions. The powers and functions
of Local government as defined by the different laws.

Local government powers can be classified into legislative and executive categories.
Legislative powers refer to the law making role (for local laws or by-laws). The executive
powers refer to the powers to implement, which enable councils to| make, adopt and
implement policies, administer local government areas and enforce local laws (by-laws).3

The powers highlighted in these legislations are not diverse but are majorly limited to certain
areas or councils. The overlaps in responsibilities are impaired by ambiguity in the enabling
legislation, which often assigns much the same powers and responsibilities to different
authority structures, effectively ensuring conflict between them. This situation is particularly
acute in light of the legal uncertainty created by the delay in amending legislation to bring it
in line with the 2013 Constitution.4 The powers of local government can be briefly
highlighted as to plan and implement local development, manage water and sanitation,

1
Of Zimbabwe amendment No. 20 of 2013
2
Chigwata, T.C. & de Visser, J. (2018). Local government in the 2013 constitution of Zimbabwe:
Defining the boundaries of local autonomy. Hague Journal on the Rule of Law, 10(1): 154 – 185
3
S Mushamba. The powers and functions of local government authorities.
4
Centre for Conflict Management and Transformation. Roles and Responsibilities in Rural Local Governance in
Zimbabwe: Parallels, Overlaps and Conflict.
provide and maintain roads, manage education and health, manage refuse removal, provide
housing and serviced stands, manage cemeteries and carry out social welfare among others.

Urban councils Act Chapter 29:15

The powers and functions of local government in this piece of legislation is highlighted in
section 198 of the Act. In as much there are other powers which may be highlighted
throughout the legislation for examples section 183 which highlights powers with regards to
water supply, section 198 evaluates the general powers. These can be seen as follows;

(1)  Subject to compliance with this Act and any other law, a council shall have power to undertake,
carry out or carry on any or all of the acts and things set out in the Second Schedule.
(2)  The Minister may authorize a council to do, carry out or carry on any act or thing which, in his
opinion, is necessary or desirable that the council should be able to do, carry out or carry on, whether or
not the act or thing is an extension of any power set out in the Second Schedule or elsewhere in this Act.

(3)  Subject to this Act, a council shall have power to do any act or thing which, in the opinion or the
council, is necessary for administering or giving effect to any by-laws of the council.

The powers set out in the second schedule of the Act in summary can be seen as follows;
 Land, buildings and works that is to say to lease, erect or acquire any buildings or
other improvements on land inside or outside the council are or to acquire by
purchase, exchange or donation or to erect dwelling-houses for the occupation by
employees of the municipality or town and to lease such dwelling-houses to such
employees to construct any works for a purpose which the council is authorized and to
renovate, keep in repair, improve, develop, alter and maintain any roads or property
under the control of the council, whether situated inside or outside the council area.5
 To provide, lay out, adorn and maintain any open space under the control of the
council.6
 To provide on land under the control of the council and operate parks and other
facilities for recreation, swimming or other sports, bathing, camping and caravanning
and to do all things necessary or desirable in connection with the provision or
operation of such facilities, including the provision of premises for the sale of food
and drink.7

5
Second schedule of the Urban Councils Act paragraph 1
6
Paragraph 2 of the second schedule
7
Paragraph 3 of the second schedule
  To provide, inside or outside the council area, showgrounds and facilities connected
therewith and to do all things necessary or desirable with regard to the provision of
such showgrounds and facilities.8
 To plant, cultivate, trim or remove trees or shrubs on land under the control of the
council and to trim or remove roots or branches which interfere with or are likely to
interfere with any water main, electricity line, public or private drain or other works
of the council.9
 Conservation of natural resources that is to say to take measures for the conservation
or improvement of natural resources.10
 The local councils have the powers to provide and operate hospitals, clinics and
dispensaries and to take any measures or provide any facilities which the council
considers necessary for the maintenance of health, including dental health11
 To provide, operate and maintain schools and other educational institutions and
facilities and amenities connected therewith, and for such purposes to levy and collect
fees and other charges.12
 Create courses for councillors and employees to provide, operate, support, promote or
participate in courses of instruction, seminars and lectures for the purpose of
improving the ability of councillors and employees to carry out their functions.13
 With regards to roads, bridges and dams, they have to provide and maintain roads,
bridges, canals, reservoirs, dams, water courses, furrows and culverts.14

These are just some of the legislative powers and functions of the local government which are
highlighted in the mentioned Act and it only applies to urban councils. However, the council
is not subjected to only perform the acts mentioned in the second schedule like highlighted in
subsection 3 of this section, they can perform any acts they find necessary to do.

Rural District Councils Act Chapter 29:13

8
Paragraph 4 of the second schedule
9
Paragraph 5
10
Paragraph 6
11
Paragraph 25 of the second schedule
12
Paragraph 35
13
Paragraph 45
14
Paragraph 19 of the second schedule
Section 71 of the Act states that;

(1) A council shall have power to undertake or carry out any or all of the matters andthings set
out in the First Schedule, subject to this Act and any law to the contrary.
(2) In addition to any powers that are provided for by this Act or any other law, or asan extension
of any such power, a council may be authorized by the Minister to do or carry on any act or thing
which, in his opinion, is—
(a) incidental to the exercise of the council’s powers; or
(b) necessary or desirable in the interests of all or some of the inhabitants of the
council area.
(3) A council may incur such expenditure as may be necessary for any purpose—
(a) which it is authorized to carry out by this Act or any other law; or
(b) which, although not expressly authorized by this Act, is—
(i) incidental to the exercise by the council of its functions under this Act; or
(ii) necessary or desirable in the interests of the inhabitants of the council area generally;
Provided that the amount expended in terms of this subparagraph for any one purpose
shall not exceed two hundred dollars except with the approval of the Minister.

These powers as stated in section 71(1) are stated in the first schedule of the Act and can be
seen as follows;

 Subject to the Water Act [Chapter 20:22], to remove any obstruction, other than
works constructed under the authority of any enactment, which interferes with the
flow of any public stream.15
 To do all things necessary to prevent pollution in any form, whether of water, the
atmosphere or otherwise, including the power to require any person to take the
necessary steps to achieve such purpose at the expense of such person and, on the
failure of such person to comply with his duty in that regard, to take steps on his
behalf at his expense.16
 To provide and operate a service for removing and treating trade or other effluent,
refuse and human waste for the council area or any portion thereof and to make the
use of the service compulsory and to provide and operate a cleansing service for
sewerage installations on private premises.17
 To take measures to control or exterminate insects, pests and vermin.18

15
Paragraph 29 of the first schedule of the Rural District council Act.
16
Paragraph 30
17
Paragraph 32
18
Paragraph 33
  To provide and operate hospitals, clinics and dispensaries and to take any measures or
provide any facilities which are considered necessary for the maintenance of health,
including dental health.19
 To provide and operate an ambulance service inside the council area or any portion
thereof or outside the council area.20
 To establish, equip and maintain fire brigades for the protection and saving of life and
property in the case of fire or other emergency. To take any necessary precautions for
the preservation of life or property during or after fires or other emergencies. To
authorize any officer of a fire brigade or any other officer or employee of the council
to enter any premises for any purpose mentioned in subparagraph (2) or for the
purpose of obtaining access to and the use of water.21
 To provide, operate or carry on services for the care and welfare of newly-born
infants and for the giving of advice, guidance and instruction to expectant mothers
and mothers of newly-born infants.22
 To provide and operate or carry on services for child spacing and family planning.23
 Subject to the Labour Relations Act [Chapter 28:01], to provide and operate
employment bureaux.
 To provide and operate public libraries, museums, including fine arts museums, and
art galleries; theatres, public halls and public lecture rooms; aquaria and botanical and
zoological gardens; and facilities or amenities connected therewith.24
 To provide and operate public institutions or services for aged persons or mentally or
physically handicapped persons or for any other charitable purpose or public
orphanages.25
 To provide maintenance allowances for aged persons, mentally or physically
handicapped persons, orphans and indigent persons.26
 To provide funerals for indigent persons.27

19
Paragraph 34
20
Paragraph 35
21
Paragraph 36
22
Paragraph 38
23
Paragraph 39
24
Paragraph 48
25
Paragraph 40
26
Paragraph 41
27
Paragraph 42
Regional, Town and Country Planning Act chapter 29:12
The powers of local authority is emphasised in different sections of this Act. Section 11 looks
at the powers of the local planning authority to implement plans and schemes, section 35
powers to remove, demolish or alter existing buildings or discontinue or modify uses or
operations or require abatement of injury and section 36 articulates the power of local
planning authority to enter into agreements with owners of existing developments among
other powers highlighted within the Act.

In addition to the above we have the traditional leaders as another branch of local
governance. Traditional leaders are basically heads within villages made up of chiefs and
village heads. Traditional leaders became the anchor of rural local government, gradually
being assigned tax collection, judicial and land allocation functions, and associated powers.
Zimbabwe’s Constitution recognises the institution of traditional leaders, unlike local
government. This leadership is administered under the Traditional Leaders Act by the
Ministry responsible for local government. The fact that it is provided for in the Constitution
has been an additional source of strength if not endurance. As an institution, traditional
leaders have been willing and coerced state partners in controlling, ordering, and developing
spaces28 which has been identified as some of the powers and responsibilities they perform
within their vicinity.

28
J de Visser, N Steytler and N Machingauta. Local government reform in Zimbabwe A policy dialogue.
Community Law Centre 2010