15 months on, devolution still nowhere in sight

A YEAR since the new government took office and 15 months after the new Constitution came into being, devolution which is part of the provisions of the new supreme law is yet to be realised, and the ill-will created by this could gather into a time bomb, analysts have warned.

Devolution, an agenda which had been vociferously pushed for by the Movement for Democratic Change formations ahead of last year's harmonised elections, found expression in the new charter in Section 264 (1) which provides that, "Whenever appropriate, governmental powers and responsibilities must be devolved to provincial and metropolitan councils and local authorities which are competent to carry out those responsibilities efficiently and effectively."

A number of provinces, particularly Bulawayo and Matabeleland provinces which felt marginalised had expressed hope that devolution would give them the powers to decide their own affairs. According to the new Constitution, devolution seeks to recognise the right of communities to manage their own affairs and to further their own development.

Section 264 (2) says, "The objectives of the devolution of governmental powers and responsibilities to provincial and metropolitan councils and local authorities are (a) to give powers to local governance to the people and enhance their participation in the exercise of the powers of the State and in making decisions affecting them…" The new Constitution created eight provincial councils with 10 councillors each, elected through proportional representation.

There are also two metropolitan provincial councils — Harare and Bulawayo — to spearhead development in these respective cities. Mayors of Harare and Bulawayo chair the Harare and Bulawayo metropolitan provinces respectively. The provincial councils were established to accommodate growing calls from Zimbabweans for a devolved state since the 2000 constitutional review exercise.

A watered down version of devolution was finally incorporated into the supreme law, but the financing and enactment of an enabling law was left to the first Parliament elected under the new Constitution. During the constitution-making process, ZANU-PF had opposed devolution, saying it was divisive. More than a year after the July 2013 polls, which ushered in a new political leadership for the country, provincial councils are yet to sit.  In fact, in the absence of an enabling Act, there is uncertainty as to when this will be achieved, if ever.

When he officially opened the first session of the eighth Parliament of Zimbabwe, President Robert Mugabe was mum on the Provincial Councils Bill, which is supposed to give effect to devolution. The august House would, during the first session, deal with over 20 Bills that exclude the one on the implementation of devolution, notwithstanding that it is enshrined in the new charter.

President Mugabe went on to appoint 10 Provincial Affairs ministers whose roles, it has been feared, may usurp the powers intended for provincial chairpersons. Ironically, the provincial ministers who somewhat replaced provincial governors abolished under the new supreme law to pave way for devolution, went into office while the future of provincial chairpersons remains in limbo, casting doubt on the political will of the leadership to implement devolution.

"This is a key pillar of the Constitution, which has not been delivered. Personnel for the provincial councils is there. It is the legislation which is not there. It points to lack of political will," said Eldred Masunungure, a political scientist. Masunungure warned that once a people were denied the right to govern their own affairs, it could be a time bomb.

"This can make people who feel marginalised frustrated. Such feelings can gather momentum and there is a danger to this. ZANU-PF does not want devolution. They think it would be the first step towards the secession of Matabeleland. They were dead against devolution, not just in implementation but also in principle."

"If ZANU-PF was really interested in coming up with the enabling legislation they could have done that without any delay because they have the majority in the House of Assembly," added Masunungure.

Political commentator, Earnest Mudzengi, agrees that the fact that devolution has not yet been implemented points to a lack of political will on the part of ZANU-PF.  "It is not even about lack of funds, but just plain lack of political will. If it was about money we would not see ministers driving the latest Mercedes Benz and Jeep Cherokees or Prados. We don't have the enabling legislation owing to lack of political will. Lack of progress on the devolution issue will obviously lead to frustration and discontentment on the part of communities mostly affected by centralised decision-making. What people will then do is up to them. They may choose to suffer in silence or they may take to the streets. One never knows."

Permanent secretaries from the Ministries of Local Government and Justice, Legal and Parliamentary Affairs, Killian Mupingo and Virginia Mabhiza, are both on record acknowledging that the realisation of devolution would not be an overnight event. Neither Mupingo nor Mabhiza could, however, be reached to shed light on what the delay was, by the time of going to print.