News / National
Delay in devolution of power implementation irks senator
12 May 2016 at 07:04hrs | Views
MDC-T senator Siphiwe Ncube has expressed concerns over the delay by government to implement the clause of devolution of power which is in the constitution indicating that this has led many parts of the country to lag behind.
"Noting that Section 2(1) of the Constitution provides for the Constitution as the supreme law of the country, therefore there is need to speed up the realignment of laws that are not consistent with the Constitution," said Ncube during senate.
"Our residents are very informed that the provisions of Section 2(2) which are imposed by the Constitution are binding on every person, natural or juristic including the State and all Executive, Legislative and Judicial Institutions and agencies of Government at every level."
She said therefore, she wanted to concur with the residents of Bulawayo whom I represent that as Parliament, we are failing to fulfill our mandate of making laws for the good governance of the nation.
"Section 3 (3) (l) under the principles of governance, clearly states that the State has to ensure the devolution and decentralization of Government powers and functions."
She said there were challenges being faced by Local Authorities in Budget Approval.
"Section 264(f) provides as follows: "to transfer responsibilities and resources from the national Government in order to establish a sound financial base for each Provincial and Metropolitan Council."
"Most of our local authorities are operating without a 2016 budget, as a result they are forced to adhere to 30% salaries and 70% service delivery, which the Central Government is failing to attain. I strongly concur that there is need to cut costs but we also must admit that the economy is in doldrums; hence our poor residents are failing to timeously pay their council bills," she said.
Ncube said the responsible Minister, because powers are not yet devolved, is delaying the budget approval, thereby crippling the operations of local authorities in implementing what would have been proposed. There is need to urgently address this challenge.
"It is the public domain that Treasury disburses 5% of the national fiscus to the 92 local authorities to be used for service delivery. Madam President, our 2016 Budget stands at $4 billion hence if $200 million is given to these local authorities, such resources will go a long way in alleviating some of the challenges being faced by the citizens of Zimbabwe," Ncube said.
"When local authorities make follow ups on the utilization of this money, they are told that there is no enabling Act of Parliament to release the required funds. It is incumbent on us to prioritise devolution for the sake of service delivery."
She said Section 267 provides that there shall be Bulawayo Metropolitan and Harare Metropolitan Provinces and Section 260 also provides that for each Metropolitan Province, there is a Metropolitan Council.
"Section 270 - functions of Metropolitan Councils provides as follows: Planning and implementing social and economic development activities in its province," she said.
"Coordinating and implementing governmental programmes in its province, for example, food aid where there is no rain. Monitoring and evaluating the use of resources in its province. Exercise any other functions including legislative functions that maybe conferred or imposed on it by an Act of Parliament."
Ncube said an Act of Parliament must provide for the establishment, structure and staff of Provincial and Metropolitan Councils and the manner in which they exercise their functions.
"Section 269 (1) (e) – As Senators, we are supposed to sit in their Metropolitan Councils but because of the absence of devolution, this will remain a dream. Furthermore, because of company closures in Bulawayo and around the country, this can help create employment for our people,"
"Whenever appropriate, governmental powers and responsibilities must be devolved to provincial and metropolitan councils and local authorities which are competent to carry out these responsibilities efficiently and effectively."
"Therefore, I note with concern the appointment of resident Ministers, it was very unconstitutional. Residents of Bulawayo fumed, airing that it was a serious violation of the Constitution which is the supreme law of Zimbabwe. So devolution in this regard will help the operationalisation of Metropolitan Councils," she said.
"The Constitution of Zimbabwe supersedes an Act of Parliament and therefore, the local government Ministry is using the Urban Councils Act which is inconsistent with the provisions in the Constitution. We are then faced with a lot of discord, which then affects the peace and tranquility in our Local Authorities," she said.
"It is my hope and prayer that let us prioritise the realignment of our Constitution to enable the running of our Local Authorities efficiently and effectively."
"Noting that Section 2(1) of the Constitution provides for the Constitution as the supreme law of the country, therefore there is need to speed up the realignment of laws that are not consistent with the Constitution," said Ncube during senate.
"Our residents are very informed that the provisions of Section 2(2) which are imposed by the Constitution are binding on every person, natural or juristic including the State and all Executive, Legislative and Judicial Institutions and agencies of Government at every level."
She said therefore, she wanted to concur with the residents of Bulawayo whom I represent that as Parliament, we are failing to fulfill our mandate of making laws for the good governance of the nation.
"Section 3 (3) (l) under the principles of governance, clearly states that the State has to ensure the devolution and decentralization of Government powers and functions."
She said there were challenges being faced by Local Authorities in Budget Approval.
"Section 264(f) provides as follows: "to transfer responsibilities and resources from the national Government in order to establish a sound financial base for each Provincial and Metropolitan Council."
"Most of our local authorities are operating without a 2016 budget, as a result they are forced to adhere to 30% salaries and 70% service delivery, which the Central Government is failing to attain. I strongly concur that there is need to cut costs but we also must admit that the economy is in doldrums; hence our poor residents are failing to timeously pay their council bills," she said.
Ncube said the responsible Minister, because powers are not yet devolved, is delaying the budget approval, thereby crippling the operations of local authorities in implementing what would have been proposed. There is need to urgently address this challenge.
"It is the public domain that Treasury disburses 5% of the national fiscus to the 92 local authorities to be used for service delivery. Madam President, our 2016 Budget stands at $4 billion hence if $200 million is given to these local authorities, such resources will go a long way in alleviating some of the challenges being faced by the citizens of Zimbabwe," Ncube said.
"When local authorities make follow ups on the utilization of this money, they are told that there is no enabling Act of Parliament to release the required funds. It is incumbent on us to prioritise devolution for the sake of service delivery."
She said Section 267 provides that there shall be Bulawayo Metropolitan and Harare Metropolitan Provinces and Section 260 also provides that for each Metropolitan Province, there is a Metropolitan Council.
"Section 270 - functions of Metropolitan Councils provides as follows: Planning and implementing social and economic development activities in its province," she said.
"Coordinating and implementing governmental programmes in its province, for example, food aid where there is no rain. Monitoring and evaluating the use of resources in its province. Exercise any other functions including legislative functions that maybe conferred or imposed on it by an Act of Parliament."
Ncube said an Act of Parliament must provide for the establishment, structure and staff of Provincial and Metropolitan Councils and the manner in which they exercise their functions.
"Section 269 (1) (e) – As Senators, we are supposed to sit in their Metropolitan Councils but because of the absence of devolution, this will remain a dream. Furthermore, because of company closures in Bulawayo and around the country, this can help create employment for our people,"
"Whenever appropriate, governmental powers and responsibilities must be devolved to provincial and metropolitan councils and local authorities which are competent to carry out these responsibilities efficiently and effectively."
"Therefore, I note with concern the appointment of resident Ministers, it was very unconstitutional. Residents of Bulawayo fumed, airing that it was a serious violation of the Constitution which is the supreme law of Zimbabwe. So devolution in this regard will help the operationalisation of Metropolitan Councils," she said.
"The Constitution of Zimbabwe supersedes an Act of Parliament and therefore, the local government Ministry is using the Urban Councils Act which is inconsistent with the provisions in the Constitution. We are then faced with a lot of discord, which then affects the peace and tranquility in our Local Authorities," she said.
"It is my hope and prayer that let us prioritise the realignment of our Constitution to enable the running of our Local Authorities efficiently and effectively."
Source - Byo24News
