Local authorities should take on the issue of vendors

The new Constitution of Zimbabwe has changed the basis of the relationship between the Ministry of Local Government and the Councils that administer local authorities throughout the country. For the first time the Constitution clearly sets out a system of devolved authority and responsibility for elected Councils that are responsible for either Rural District Councils or Urban Councils.

In terms of the Constitution elected Councils are now mandated to operate as government authorities in their areas with full responsibility for the affairs, interests and needs of the people living in Council areas. The Minister no longer has either the right or the authority to give directives to Councils or to suspend and dismiss elected officers of Councils or to make decisions on matters that are strictly the responsibility of local Councils.

It is therefore not correct for the Minister, or the Ministry, to issue directives to Councils on how they should operate. Rather this function is now left to the electorate in each Council District to instruct their elected representatives and to hold them accountable for the manner in which the affairs of each Council are administered. Council staff, including all senior officers and the Town Clerks or Chief Executive officers, are employees of Council and are therefore subject to instruction and discipline by their elected Councils who have complete executive authority in such matters today. All that the Ministry has is oversight responsibility and advice.

The Minister and his Permanent Secretary do not seem to understand this new situation and continue to act as if the new Constitution does not exist. The MDC reminds the Minister that the Constitution  is now the supreme law of the Country and compliance with its dictates are obligatory on all who live in Zimbabwe.

Of particular concern is the continued attempt by elements of the Joint Operations Command and the Ministry, to force local authorities to evict small scale business persons from their places of business in all urban Councils. Whatever their motivation, the MDC rejects such attempts to disrupt the normal and ordinary activities of citizens in urban areas. We agree with the guidelines that the Permanent Secretary of the Ministry has issued to urban Councils which clearly state that Councils should:

1.    Conduct formal consultations with small business organisation on how and where they operate;
2.    Register all small scale business persons with Councils;
3.    Designate trading areas that are mutually acceptable to all stakeholders;
4.    Charge a small fee for the individual sites; and
5.    Formalize street trading and trading at designated sites as soon as possible under full Council control.

None of these guidelines includes action by the authorities, the Police Services or the Armed Services to clear traders and small scale business persons from the streets. Any such attempts will be resisted by the affected business persons themselves and all MDC Councils are under instruction to stick to the guidelines from the Ministry on this issue and seek an amicable and mutually acceptable programme with all stakeholders including the small scale business persons who are directly affected. They are on the streets, not by choice, but of necessity and the MDC will not cooperate with efforts that are designed to make their lives even more difficult.