25 councillors sue Mnangagwa

Twenty-five elected members of Zimbabwe's Provincial and Metropolitan Councils have approached the Constitutional Court seeking a declaration that both Parliament and President Emmerson Mnangagwa have failed to fulfil a key constitutional obligation by not enacting legislation to operationalise the country's devolution framework - twelve years after the 2013 Constitution came into force.

The applicants, led by Jeff Tafadzwa Chaitezvi, filed the constitutional application under Section 167(2)(d) of the Constitution, accusing the two respondents of "gross dereliction of duty" and "lack of political will" for failing to pass the law required under Sections 270(2) and 273(1).

They are asking the Constitutional Court to compel both Parliament and the President to enact, within 180 days, a long-awaited Act of Parliament establishing and defining the functions of Provincial and Metropolitan Councils - key institutions designed to drive devolution and local economic governance.

"Despite the passage of twelve years since the Constitution came into effect, no Act of Parliament has been enacted to establish the Provincial and Metropolitan Councils," Chaitezvi said in his founding affidavit.

"This failure cannot be reasonable given the lapse of time. It constitutes an unreasonable failure to fulfil a constitutional obligation."

The applicants, who were elected to provincial and metropolitan councils in the August 2023 harmonised elections, argue that they have been unable to assume office or perform their duties because no enabling law exists to create the necessary administrative structures, such as provincial clerks, chairpersons, and staff.

"We were required to appoint chairpersons at our first sitting after the general election," the affidavit adds. "We did not have our first sitting because there is no law that sets out or establishes provincial and metropolitan councils or their structures."

The Parliament of Zimbabwe is cited as the first respondent, as it holds legislative authority, while President Mnangagwa is the second respondent, given that he constitutes part of the legislature under Section 116 of the Constitution.

The councillors' legal team, Tsunga Bamu Law International, argues that the failure by both institutions to act amounts to a constitutional breach, noting that Parliament has passed numerous other laws since 2013 - including some not mandated by the Constitution - while neglecting the crucial devolution law.

They are also seeking punitive costs against both respondents, saying such prolonged non-compliance "should not go unpunished."

The application references a 2014 case filed by former minister Samuel Sipepa Nkomo, which was dismissed as premature since it came soon after the Constitution's adoption. The current applicants argue that twelve years is more than sufficient time for compliance.

"At every State of the Nation Address since 2013, the President has outlined a legislative agenda," Chaitezvi noted. "Conspicuously absent in all these has been the Act envisaged under Sections 270(2) and 273(1). That omission alone shows there is neither intention nor willpower to give effect to this constitutional obligation."

The devolution framework, embedded in Chapter 14 of the Constitution, was intended to decentralise power, empower provincial authorities, and promote equitable development across Zimbabwe's regions. However, implementation has stalled for over a decade, with councillors and civil society repeatedly calling for the enabling legislation.

If the Constitutional Court grants the order, Parliament and the President will be required to pass the Provincial and Metropolitan Councils Act within 180 days, paving the way for the elected councillors to assume office and for devolution to finally take effect across Zimbabwe.

The matter is yet to be set down for hearing.