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Mnangagwa invokes emergency powers
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President Emmerson Mnangagwa has invoked emergency powers to stop the seizure of essential assets belonging to Uzumba Maramba Pfungwe's Zvataida Rural District Council, suspending the execution of a High Court order issued in September.
The intervention, formalised through Statutory Instrument 222A of 2025, temporarily extends the protections of the State Liabilities Act to the rural district council's property. The move shields critical service delivery equipment from attachment and sale following a court process initiated by creditors.
The High Court order, HC 3032/25, had authorised the registration of an arbitral award, opening the way for the attachment of council-owned assets. These include tractors, vehicles, generators and key office equipment used in day-to-day operations.
According to the Government, the assets are indispensable to the provision of basic services to more than 150 000 residents in the district. Authorities warned that their seizure would severely disrupt refuse collection, road maintenance and water-related services, potentially triggering serious public health risks such as outbreaks of dysentery, typhoid and cholera.
The emergency regulations, gazetted yesterday, are cited as the Presidential Powers (Temporary Measures) (Extension of State Liabilities Act to the Assets of Uzumba Maramba Pfungwe Zvataida Rural District Council) Regulations, 2025. Section 3 of the regulations nullifies any attachments arising from the court order, stating that all assets attached or threatened with attachment "are hereby released from attachment and revert to or remain in the possession of the Local Authority for the duration of these regulations."
President Mnangagwa's action is grounded in section 2(1) of the Presidential Powers (Temporary Measures) Act [Chapter 10:20], which allows the Head of State to enact temporary measures in urgent situations that cannot be adequately addressed through existing laws or where waiting for parliamentary approval would be impractical.
The protected assets include two Massey Ferguson tractors, a New Holland tractor, trailers, a Kipor generator and several vehicles. Government officials say this equipment is critical for maintaining essential services across the largely rural district.
The attempted seizure had placed the council in a precarious position, threatening its ability to meet its public service obligations. The Government has defended the emergency measures as necessary to safeguard public health, protect neighbouring communities and preserve the council's operational capacity.
The regulations will remain in force until further notice, granting the rural district council temporary relief as it seeks to resolve its financial and legal challenges.
The intervention, formalised through Statutory Instrument 222A of 2025, temporarily extends the protections of the State Liabilities Act to the rural district council's property. The move shields critical service delivery equipment from attachment and sale following a court process initiated by creditors.
The High Court order, HC 3032/25, had authorised the registration of an arbitral award, opening the way for the attachment of council-owned assets. These include tractors, vehicles, generators and key office equipment used in day-to-day operations.
According to the Government, the assets are indispensable to the provision of basic services to more than 150 000 residents in the district. Authorities warned that their seizure would severely disrupt refuse collection, road maintenance and water-related services, potentially triggering serious public health risks such as outbreaks of dysentery, typhoid and cholera.
President Mnangagwa's action is grounded in section 2(1) of the Presidential Powers (Temporary Measures) Act [Chapter 10:20], which allows the Head of State to enact temporary measures in urgent situations that cannot be adequately addressed through existing laws or where waiting for parliamentary approval would be impractical.
The protected assets include two Massey Ferguson tractors, a New Holland tractor, trailers, a Kipor generator and several vehicles. Government officials say this equipment is critical for maintaining essential services across the largely rural district.
The attempted seizure had placed the council in a precarious position, threatening its ability to meet its public service obligations. The Government has defended the emergency measures as necessary to safeguard public health, protect neighbouring communities and preserve the council's operational capacity.
The regulations will remain in force until further notice, granting the rural district council temporary relief as it seeks to resolve its financial and legal challenges.
Source - The Herald
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