Gibson Nyikadzino
A comprehensive devolution legislative framework is being finalised, with the Devolution Bill expected in Parliament soon in a shift expected to dramatically improve service delivery, deepen local participation and unlock balanced development across the country.
The move will strengthen decentralisation through far-reaching legal and institutional reforms under the National Development Strategy 2 (NDS2) launched by President Mnangagwa in November last year.
Attorney-General, Mrs Virginia Mabiza, said yesterday that work on the main Devolution Bill was at an advanced stage, following extensive consultations with key stakeholders, including traditional leaders and line ministries.
The legislation forms part of the legislative agenda outlined by President Mnangagwa at the official opening of the Third Session of the 10th Parliament last October, where he indicated that Bills relating to devolution would be presented in the National Assembly.
Mrs Mabiza said the Devolution Bill had initially been scheduled for completion in the second quarter of last year, but the deadline was not met due to substantive concerns raised during stakeholder consultations.
“It is work in progress. We are hoping that this year we finalise work on the framework of the draft Bill before it goes through the parliamentary process,” she said in an interview.
“This work is part of the legislative agenda that was outlined by President Mnangagwa last year and we hope we will meet the deadlines.”
Consultative meetings have been ongoing between the Attorney-General’s Office, traditional chiefs and the Ministry of Justice, Legal and Parliamentary Affairs, among other stakeholders, to gather input for the draft legislation.
The Devolution Bill is central to Government’s broader plan to overhaul Zimbabwe’s devolution laws and institutions in line with Chapter 14 of the Constitution and the NDS2 blueprint, which seeks to clarify roles across tiers of Government, improve coordination and accelerate provincial economic growth.
According to NDS2, the reforms will focus on aligning laws and institutions with the Constitution to remove legal and administrative ambiguities that have constrained the effective devolution of governmental powers and responsibilities to Provincial and Metropolitan Councils and local authorities.
At the core of the reforms is the enactment of a new Act of Parliament governing Provincial and Metropolitan Councils.
In line with Section 265(2) of the Constitution, the proposed law will provide for “the establishment, structure and staff of Provincial and Metropolitan Councils, and the manner in which they should exercise their functions”.
In the NDS2, Government has emphasised that the legislation will reflect Zimbabwe’s constitutional order as a Unitary State, while giving effect to devolution in a manner that safeguards national cohesion.
The statute will “comprehensively outline the form and structure of a devolved governance system which is peculiar to Zimbabwe”, while ensuring clarity in the allocation of functions to avoid duplication of roles across the three tiers of Government.
“Due care will be taken in allotting devolved functions, in keeping with the principles of the Constitution, while at the same time ensuring that there is clarity as to who does what, when and how, leaving no room for duplicity of roles and functions,” reads the NDS2 document.
The new legal framework will also provide clear vertical and horizontal linkages between central Government, Provincial and Metropolitan Councils and local authorities, giving effect to Sections 264(1), 265(3), 270, 273 and 301 of the Constitution, which govern devolution, coordination and the allocation of revenues between tiers of Government.
As part of the reforms, existing legislation – including the Provincial Councils and Administration Act, the Urban Councils Act and the Rural District Councils Act – will be amended to align with constitutional devolution principles.
Mrs Mabiza said discussions on potential amendments to the Urban Councils Act were already under way, following engagements between her office and the Ministry of Local Government and Public Works.
She said proposals relating to the future governance of urban councils would be informed by recommendations from the Commission of Inquiry into Harare City Council affairs, led by retired High Court Judge Justice Maphios Cheda.
“Some amendments to the Urban Councils Act as a legislation informing devolution will be from recommendations from the tribunal that looked at governance affairs into the Harare City Council,” she said.
Beyond legal reforms, NDS2 outlines a strengthened institutional architecture anchored on a three-tier governance system, with central Government at the top, Provincial and Metropolitan Councils as the second tier and local authorities as the third.
Provincial and Metropolitan Councils will serve as legislative authorities at provincial level, providing policy oversight, setting standards and enforcing compliance, while acting as a key mechanism for checks and balances.
“These councils are to be a means of providing checks and balances as an arm of Government at Provincial level,” the strategy states.
The strengthened devolution framework is also linked to measurable economic and social targets, with Government aiming to raise provincial GDP growth to an average of above 5 percent by 2030, from 1,7 percent in 2024, alongside improvements in investment, employment and youth participation in the economy.
Government says the reforms will entrench a constitutionally grounded, coherent and effective devolution system capable of delivering tangible economic and social outcomes across all provinces.
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