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CHRA to continue with mass demonstration
Jabusile Madyazvimbishi Shumba, Combined Harare Residents Association (CHRA)
July 27, 2006

On 15 April 2002 the Eng E. Mudzuri led council was officially dismissed from office by Minister Chombo under flimsy allegations of nonperformance and mal administration. The Makwavarara led commission was then appointed on the 9th of December 2004 to run the affairs of Harare with the specific mandate to ‘turn-around the fortunes’ of the city and improve the quality of service provision.

Since then, Minister Chombo has continuously reappointed the commission beyond the legal term. In the Zvobgo vs City of Harare (HC 1286/00) Justice Makarau ruled that continued reappointment of commissioners is unlawful and unconstitutional.

Today, the quality of service provision has deteriorated to unprecedented levels with piles of mounting refuse, burst sewer pipes, erratic water supplies, the death of fourteen children due to a cholera outbreak and ‘drum holes’ characterizing most of the ‘successes’ scored by the commission since its appointment.

The Commissioners are not professionals; its Chairperson Ms Sekesai Makwavarara’s highest qualification is a ZANU pf card and a dress-making certificate, complete job skills mismatch amounting to fitting of square pegs in round holes which justifies the sustained deterioration of service provision in the City of Harare.

The Commission’s tenure has been characterized by extravagance and abuse of public funds at the expense of declining service provision. Insatiable appetite for personal aggrandizement and wealth accumulation top priority amongst the commissioners. It is on record that Ms Makwavarara wanted $35 billion for curtains to furnish the Mayoral mansion, when the city of Harare has gone for months without basic services like refuse collection.

Inconsistency, lack of consultation and impulsive decision making has become the norm of governance at Town house. The atrocious, vindictive and trail blazing Operation Murambatsvina epitomizes the highest peak of the Commission’s insanity and its impulsiveness in decision making in total disregard of fundamental human rights.

The City of Harare had a waiting list backlog of over 200 000. After Operation Murambatsvina destroyed over 500 000 housing units and displaced over 2 000 000 Harare residents, City of Harare is now sitting over a backlog of over 1 00 000 homeless people while Operation Garikai has failed to complete just a 100 housing units. The few having been allocated to zanu pf sympathizers at the expense of the genuine victims.

With the rapidly shrinking economy characterized by the closure and down scaling of industrial activity, the informal sector had absorbed more than three quarters of the unemployed and retrenched workers, and the City of Harare completely destroyed the entire informal sector during Operation Murambatsvina. The City now has to grapple with an increasing demand for formal vending sites and an increasing crime rate.

The Commissioners as appointed by the Minister are not accountable to residents. Since their appointment the Commissioners have failed to consult with residents on key decisions like budget formulation.

The 2006 Budget drawn under the so-called turn around strategy which transformed the City of Harare into a purely commercial entity has placed an unbearable burden to low income earners and pensioneers. Residents are failing to cope with the skyrocketing rate charges.

Excessive central government interference owes much to the challenges confronting the City. The City of Harare resources are being manipulated to feed political party interests expressed at Central government level. The wishes and aspirations of residents to have elected representatives of their choice are being frustrated by central government through the Minister of Local government.

The City of Harare has failed to match expansion in service provision with the increasing. This has seen most services stretching beyond elasticity to meet the growing demand. Harare hospitals and Parirenyatwa hospitals rather than increasing have dwindled capacity to cope with the devastating HIV and AIDS pandemic. City hospitals are experiencing serious shortages of basic drugs, staff complement and a total collapse of the ambulance system. The health delivery system has collapsed.

The City of Harare has not been spared by the micro and macro-economic melt down characterized by hyperinflationary environment. This has also made long-term planning extremely difficult. Most services requiring forex have been grounded. The current sewerage and water systems has outlived its lifespan, there is now need for a total overhaul and upgrade of the entire system.

The establishment of ZINWA has brought more confusion in the already collapsed water delivery system. There is an unwarranted duplication of duties between the City of Harare and ZINWA in the administration of water services with serious implications on the charges of water to residents as evidenced by last months astronomic rate increases.

The Urban Councils Act (Chapter 29:15), legislation governing the operations of local authorities is the root cause of this entire crisis. The act in its current state gives excessive powers to the Minister of Local Government to interfere with the smooth running of operations of the council. The act dis-empowers residents as it does not have provisions for effective participation.

As the vanguard for restoration of good and effective local government practice, transparency and accountability the Combined Harare Residents Association (CHRA) made the following resolutions as our commitment the democracy project in Zimbabwe.

• We reject the rates being charged by the Harare Municipality as they are illegal and unjustified. CHRA resolves to intensify the rates boycott campaign.
• To pursue the legal channel over the inconsistencies on billing of rates by the Harare municipality.
• To intensify the holding of public meetings across all wards.
• Mobilise residents to submit generic letters of objections to illegal and unjustified levying of rates by the City of Harare. Ward Coordinators and Chairpersons submit a generic letter of objection to Town House on Monday the 3rd of July.
• Hold peaceful processions to submit petitions to Town House and ZESA over poor service delivery.
• Mobilise support for victims of operation Murambatsvina still leaving in the open in Mutungwazi Ward 1, Glen Norah along Mukuvisi River and on the outskirts of Caledonia.
• CHRA resolves to hold sustained mass demonstrations at Town House and District Offices over collapsed service delivery in the City of Harare.
• We demand the immediate holding of council and mayoral elections in the City of Harare.
• Mobilise solidarity with other Civic Society Organisations.

In pursuant of the above resolutions, on Wednesday the 19th of July 2006, over 300 Harare residents led by the CHRA ward leadership from across the 45 Harare wards took it to the streets to peacefully protest against the crisis of governance in the City of Harare.

The state unleashed two UD trucks of baton-wielding riot police to thwart the demonstrators arresting 19 and seriously injuring 3 peaceful residents in the procession. The demonstrators were locked up at Harare Central police station and released the following day. They were charged under the Miscellaneous offences act ordered to pay $250 000 fines.

It is sad that the regime continues to act in total disregard of the law. In the case of Munhumesu and others, 1994, in which 6 applicants who participated in the ZCTU procession were jointly charged on the basis that they had taken part in a public procession without police clearance, the Supreme Court ruled that the act was reasonably and justified in a democratic society.

The rights to freedom of expression and assembly are inalienable. Any law enacted and presented to the supreme court for challenge is tested on the basis of its effect not its subject and object. The objects of, MOA, POSA and the Criminal Code are clearly to protect perceived public interest, economic and defense but the effect of these laws fundamentally amounts to a derogation of the rights in question. These rights lie at the foundation of a democratic society and are basic conditions for the progress of a society and the development of persons in a country.

CHRA will continue to hold peaceful mass demonstrations without seeking clearance from the police as this is at variance with the constitution of the country, Section 11 and the universal declaration of rights. Residents should not despair against a regime which does not respect the rule of law, a genuine cause is immortal.

*Jabusile Madyazvimbishi Shumba is the Combined Harare Residents Association Advocacy and Training Officer

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