Back to Index
This article participates on the following special index pages:
2008 harmonised elections - Index of articles
Government Laws Amendment Bill, 2007 (H.B. 15, 2007)
Friday 21st December 2007 (General Notice 258/2007)
97 version (86KB)
PDF version (33KB)
If you do not have the free Acrobat reader
on your computer, download it from the Adobe website by clicking
Government Laws Amendment Bill, 2007
of this Bill is to amend the Rural District Councils Act [Chapter
29:13], the Urban
Councils Act [Chapter 29:15] and the Electoral
Act [Chapter 2:13] so as to make provision for various matters
arising from the Constitution
of Zimbabwe Amendment (No. 18) Act and the Electoral
Laws Amendment Act, 2007.
2 to 4
These clauses amend the Rural District Councils Act [Chapter 29:13].
The amendments relate to the constitutional reassignment (from the
President to the Commission) of the responsibility for dividing
council areas into wards. The amendments also abolish the rule that
each ward should only include a single category of land tenure (communal,
resettlement or commercial farming land). This rule is no longer
tenable in the wake of the Land Reform and Resettlement Programme.
5 to 30
These clauses amend the Urban Councils Act [Chapter 29:15]. Some
of the amendments relate to the constitutional reassignment (from
the President to the Commission) of the responsibility for dividing
council areas into wards and the abolition of non-synchronous local
and national elections by the Constitution (see clauses 6 and 11).
Other amendments simply substitute references to the repealed Electoral
Act of 1990 and the Registrar-General of Elections by references
to the Electoral Act of 2004 and the Registrar-General of Voters
(see clauses 8, 10, 11, 13, 15 and 30). More importantly, clauses
12 and 14 seek to abolish the office of executive mayor, which was
created in 1995. Incidentally to the abolition of the office of
executive mayor, the executive committee of municipal councils is
also abolished and its powers are re-vested in the council (see
clauses 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28 and 29). This
committee was an adjunct to the office of executive mayor. Together,
the executive mayorship and executive committee tended to relegate
the elected council to the status of a mere consultative body. Both
these institutions also imposed onerous additional financial burdens
on the municipal councils.
As a consequence,
the office of mayor, as well as that of deputy mayor, chairperson
and deputy chairperson of a municipal or town council, will revert
to being elected by local authority councils (see clause 22). In
order to add value to the deliberations of elected councils, provision
is made for the appointment by the Minister of non-voting councillors
representing special interests not exceeding one quarter of the
elected membership of a council (see clause 7; this provision is
similar to section 14 of the Rural District Councils Act).
Section 80 of
the Urban Councils Act, empowering the Minister responsible for
local government to appoint a commissioner for an urban council
area, will also be repealed; instead of commissioners the Minister
may appoint not more than three caretakers for a council that for
any reason is deprived of all of its councillors, or cannot function
because it is insolvent or does not have a quorum. The caretakers
can only hold office for 90 days or until the next election of councillors,
whichever occurs sooner (see clause 16).
This clause will amend the Electoral Act [Chapter 2:13] to
remove provisions in that Act that relate to the office of executive
mayor of a municipality.
This clause provides for the vacation of office by executive
mayors and commissioners appointed before the date of commencement
of this Bill as an Act and in office as at that date.
amend the Rural District Councils Act [Chapter 29:13], the Urban
Councils Act [Chapter 29:15] and the Electoral Act [Chapter 2:13]
(No. 25 of 2004); and to provide for matters connected with or incidental
to the foregoing.
by the President and the Parliament of Zimbabwe.
1 Short title
This Act may be cited as the Local Government Laws Amendment Act,
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.