Local government, Participatory Processes and Citizen Engagement

Local government, Participatory Processes and Citizen Engagement

LAST MADZIVANYIKA LLBs Hons (UZ) LLM Provincial and Local Government (UWC) SA 2014

Disclaimer Any views or opinions presented in this article are solely those of the author and do not purport to represent the views of GIZ.

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TABLE OF CONTENTS ACRONYMS ..............................................................................................................................3 1.

Background and Introduction ...............................................................................................4 1.1

Introduction ..................................................................................................................4

1.2

Purpose and Objective of the Study ...............................................................................5

2.

The Legislative Framework for Public Participation ............................................................6

3.

Supply Side ........................................................................................................................ 11 3.1

Government Responsibilities towards citizen participation .......................................... 11

3.2

Centre–Local relations vis-à-vis public participation ................................................... 15

3.3

Citizen engagement structures ..................................................................................... 16

3.4

The Benefits of Citizen Participation to Local Authorities .......................................... 18

3.5

Councilors’ training and Citizen Participation ............................................................ 20

3.6 Recommendations for necessary skills to enhance public engagement ............................. 21 4.

Demand Side...................................................................................................................... 22 4.1

Possibile avenues for citizens to bring their issues forward .......................................... 22

4.2

Processes where citizens and NGOs can demand effective engagement ..................... 27

4.3

Possible actors that can demand accountability and inclusion from local authorities .... 30

4.4

Potential challenges in rural areas ............................................................................... 33

4.5 Skills Training Recommendations. ................................................................................... 35 5. Recommendations ................................................................................................................ 37 5.1 Demand Side ................................................................................................................... 37 1. 5.2 Supply Side ............................................................................................................. 38 6. Conclusion ............................................................................................................................ 39 7. Overview Chart outlining Processes and actors …………………………………………...…40 8. Bibliography ......................................................................................................................... 42

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ACRONYMS

CHRA CZI DDC HRT MDC NGO PDC RDC RDDC TL Act UC Act UCAZ UNICEF US$

Combined Harare Residents Association Confederation of Zimbabwe Industries District Development Committee Harare Residents Trust Movement for Democratic Change. Non Governmental Organisation Provincial Development Committee Rural District Council Rural District Development Committee Traditional Leadership Act Urban Councils Act Urban Councils Association of Zimbabwe United Nation Children’s Fund United States Dollar

VIDCO WADCO RTCP Act WOZA ZANU PF ZNCC

Village Development Committee Ward Development Committee Regional, Town and Country Planning Act Women of Zimbabwe Arise Zimbabwe African National Union Patriotic Front Zimbabwe National Chamber of Commerce

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1. Background and Introduction 1.1 Introduction Citizen participation is one of the key tenets of democracy at local level that enables local citizenry to exercise its rights and responsibilities and to access the basic services to which it is entitled. The World Bank defines participation as ‘a process through which stakeholders influence and share control over developmental initiatives, decisions and resources which affect them’.1 The writer argues that it is an indispensable requirement for sustainable local governance as it improves information flow, accountability, enhances transparency, builds civic capacity and leads to an increased buy-in and better understanding. Mohmand concurs with the above assertion and states that the right to participate makes government more efficient and responsive based on more accurate information, since grass-root participation tends to supply useful information of specific needs to program administrators and planners.2 There is a general realisation that amongst the tiers of government (central, provincial and local government), local government is strategically positioned and best placed to enhance public participation since it is a level of government closest to the people. In essence, citizen participation and local government processes are intrinsically linked, as local government’s effectiveness and efficiency require citizen input in policy formulation and decision making in key areas that affect citizen’s lives. Local government has over the years accrued varied definitions but for the purposes of this study, it shall be referred to as the organization of participatory and autonomous elected structures that can identify with the needs of the people at local level and guarantee the realisation of those ‘needs into the actual programs and projects and maintenance of essential services’.3 This participatory and autonomous elected process is the most important right entitled to all citizens which is realised through public engagement in policy and decision-making processes. This is realized when the public is involved in government decision-making processes that enable the public to learn and have in-put into local governmental decisions4 mainly as a way to improve efficiency of public services, accountability and deepen democracy. Against such a background, the study seeks to feed into the existing literature by making an analysis of legislative framework in Zimbabwe. Further it attempts to assess the extent to which it guarantees public participation at local level. In particular, the researcher shall analyse the Constitution of Zimbabwe and varied pieces of legislation that governs local participation at local government level, the various participatory processes available for citizen participation, the power relations that influence the process, form and content for citizen participation and the specific benefits that come as a result of citizen participation. Of importance to note in the ongoing is that Zimbabwe has now enshrined a devolved system of local government in the World Bank (1994) 74 Mohmand (2007) 2 3 Zimbabwe Institute (2005) 4 4 Human rights Bulletin (2011) 1 1 2

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Constitution of Zimbabwe Amendment (No. 20) Act 2013 and has ushered a new era that recognizes the importance of public participation in local governance. The principal Acts governing local government are the Urban Councils Act (Chapter 29:13) (hereinafter UC Act), Rural District Councils Act (RDC Act), Regional, Town and Country Planning Act (RTCP Act) and the Traditional Leadership Act (TLA). The study also takes into cognizance the existence of varied possible actors for enhancing public participation including but not limited to central, provincial and local government, government departments and agents, civic society, traditional structures, professional bodies, informal traders and primary stakeholders (citizens). This is in cognition of the importance of direct participation of primary stakeholders, and their indirect participation through elected representatives realised through efforts of secondary and tertiary stakeholders (developmental partners and government).

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Purpose and Objective of the Study

The main purpose of this study is to create a clearer picture of the processes and possible avenues that can best facilitate citizen and civil society engagement5 at local level. The research will ultimately feed into civil society strategies on public participation and facilitate the formulation of guidelines for future local government activities. It will also enable local authorities and relevant stakeholders to know available participatory processes in fulfilling their role and responsibilities pertaining the needs and demands of local citizens in an accountable, transparent, inclusive, participatory, consultative and open manner. This desk study shall enhance understanding of varied stakeholders on the processes that augment local participation and contribute to making local authorities more responsive and open to individual input and citizen and civil society participation. Good governance demands local people to determine the nature and performance of public policy and be custodians in decision making over matters that affect their lives. This will be revealed by ascertaining the extent to which citizen participation is entrenched in the Constitution and enabling legislation and how it is being utilized by varied stakeholders for the common good of local citizens. The applicable constitutional and subsidiary provisions on engagement of citizens are outlined hereunder.

Civil Society is referred to as an organisation through which citizens participate and exert influence over public life including political organisations, trade unions, human rights groups, community based organisations etc 5

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2. The Legislative Framework for Public Participation The Constitutional Framework for public participation The right to participate at local level is guaranteed in the Constitution of Zimbabwe as well as enabling legislation including direct, indirect and joint participation in public processes either initiated by citizens themselves or by government. This is clearly set out in the founding values and principles of the Constitution which calls for good governance6 through the respect of all Zimbabweans from whom the authority to govern is derived by the state, state institutions and agencies of government, including local government.7 This basically entails that for the purposes of good governance8, be it at the local level, people’s needs and views are of paramount importance and should be respected and valued. The Constitution further obligates the state, state institutions and agencies of government to be transparent, accountable and responsive to the public’s needs and demands in the exercise of their functions and provision of services. 9 The principles noted above are important and relevant and are at the centre of sustaining a well responsive and inclusive local government. This mandates local government to adopt and implement policies and legislation which among other issues promote accountability and transparency. However, for citizens to effectively participate in issues of governance they need to have access to relevant information which they might require in the interest of public accountability including any information held by local government.10 If local authorities do not volunteer to provide requested information, citizens have the right to demand such information through litigation. This entails that in the event that local government derogates from its mandate to provide information upon request, any person whose legitimate expectation or right has adversely been affected by such derogation has the right to be given promptly and in writing the reasons for the conduct and can also approach the courts for redress.11 This is designed to impose a mandatory function on public bodies (including local government authorities) to afford citizens the right to information under their care.

Governance is understood to mean ‘both a reform strategy and a particular set of initiatives to strengthen the institutions of civil society with the objectives of making government more accountable, more open and transparent and more democratic’ Minogue (1997) 4 7 s3 (f) Constitution, this is also anchored in the Universal Declaration of Human and People’s Rights Article 21 & Article 13 of the African Charter of Human Rights which both concur that ‘Every citizen shall have the right to participate freely in the government of his country, either directly or through chosen representatives in accordance with the provisions of the law’ 8 s9 (1) Constitution 9 s3 (g) Constitution 10 s62 (1) Constitution, local government will be used interchangeably with local authorities. 11 s68 Constitution 6

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In terms of s194 (1) of the Constitution, public administration must respond to people’s needs within a reasonable time and encourage the public to participate in decision-making. The public must also be provided with timely, accessible and accurate information in a transparent manner and there is need for broad representation of diverse communities of Zimbabwe.12 The rationale for the above constitutional obligation is to enhance public engagement in policy and decision making processes and make duty bearers accountable to the public. The constitution is more anchored on public involvement against imposition of decisions by public authorities. 13 As earlier highlighted, local government is now an autonomous body, whose constitutional mandate among other issues is to ‘give powers of local governance to the people and enhance their participation in the exercise of the powers of the state and in making decisions affecting them.’14 This means whenever it has to make a decision that might generate interest amongst citizens, local government must involve stakeholders15 so that they make their input on matters of interest be it budget consultation, policy (by-law) formulation, planning and development plan processes. The intent of the legislature is to ensure that local authorities have going forward profound knowledge and understanding of what residents expect from the administration and what they feel about their performance. Local government is also required in terms of s298 (1) of the Constitution on all financial matters to be transparent, accountable, responsible and clearly make fiscal reports that are accessible to the public. This entails that local government in the exercise of its functions, especially where financial obligations are concerned, must be accountable to the rate-payers and service users. The service users not only participate through paying for the services provided16 but by accessing information relating to the use of their money by the responsible local government authority. It should be noted that the right to participate in local governance by citizens is chief, particularly through the election of their representatives. The Constitution requires the government to regularly conduct general elections that provide for adequate representation of the electorate.17 This requirement encompasses local government. Government is required to create an enabling environment that allows for and facilitate the election of representatives of the public through voting and voter education at local level. The elected representatives represent the views and interests of the people in order to improve service delivery, policy and decision making at local level. 18 Additional to that is the requirement to promote full participation of women in all spheres

s194 (1) (e), (f), (h) (j) Constitution s196 (1) (b), (3) (c) Constitution 14 s264 (1) (a), (b), (d) Constitution 15 Including stakeholders such as civil society, citizens, professional bodies, farmers union, trade unions, educationists, government departments, traditional leaders, private sector, informal traders, advisory committees, media associations, ward development committees and councilors, but they could be more players involved, the list is not exhaustive. 16 s276 (2) (b) Constitution 17 s3 (2) (b), s277 Constitution 18 The sad reality in Zimbabwe is that the majority of councilors is of very poor educational backgrounds and has no technical knowledge and expertise to meaningfully contribute to policy formulation and decision-making. 12 13

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of Zimbabwean society including local authorities on the basis of equality with men. 19 Local authorities are being called upon to take all measures including legislative to ensure that all genders are equally represented in all local government institutions at every level. The same goes for the representation of marginalized groups including youths, 20 the elderly, 21 and persons with disabilities22 where local government is required to prioritise citizens’ needs in development plans, it should ensure they participate fully and are fully represented in the affairs of their communities. Consequently, the Constitution demands that all constitutional obligations must be performed diligently and without delay including facilitation of citizen involvement in local government affairs.23 The on-going has outlined instances that provide for public participatory processes relating to local government. The study now seeks to align existing enabling legislation in order to identify conflicting areas that are ultra-vires the spirit and letter of the Constitution. National législation vis-a vis Constitutional provisions The Constitution sets the framework for citizen engagement which is expected to run throughout the enabling legislation: the UC Act, RDC Act, RTCP Act and TL Act (hereinafter local government Acts). The Acts provide for participatory processes including but not limited to electoral participation, obligatory participation, (paying of rates and tariffs) citizen participation in budget making, 24 by-law formulation,25 policy formulation,26 master plan design27 and development plans. 28 However, it falls short of the spirit and letter of the Constitution. The Acts do not impose an obligation on local government to engage the local citizens before crafting for instance the budget, by-laws or developmental plans. 29 The public is only required to inspect or object to an already crafted budget, by-laws or developmental draft plans. In reality the time afforded the public end up being very limited for the community to input into the processes. Currently in existence is one way communication from power holders, and citizen rubber stamp tailor made decisions or processes. In most cases, information is provided lately either through media, poster and public meetings and citizens will have little opportunity to influence the outcome.

s17 Constitution s20 Constitution 21 s21 Constitution 22 s22 Constitution 23 s324 Constitution 24 s288 UC Act, s121 RDC Act 25 s228 UC Act, s88 RDC Act 26 S87, s88 (5) UC Act, s50 RDC Act 27 s15 RTCP Act 28 Rural district councils were granted with local decision making structures (village and ward development committees) which previously resided with traditional leadership and in existence is friction between traditional leaders and elected officials, undermining the efficiency of participatory appraisal, planning and monitoring by citizens of the function of RDCs 29 s18-19 RTCP Act 19 20

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The enabling legislation does not give citizens control over the structures and processes for participation at the grass-root level including review of previous budget and by-laws, setting of priorities, defining spaces, actors, agendas and procedures. The local government Acts have a consultative approach, meaning that participation is only limited to plan formulation or execution of programs and not decision making, appraisal or monitoring and evaluation. The consultation process currently in existence is not stakeholder involving. The consultation processes are usually done on decisions that have already been made elsewhere. For instance, the Village Development Committee (VIDCOs)30 and the Ward Development Committee (WADCOs)31 produce district plans that are not a genuine reflection of the wishes of the grass-root stakeholders and are highly dominated by central government field departments.32 In essence, the committees are designed to articulate the aspirations and demands of the ordinary villages, yet they are dominated by central government officials 33who usually dominate at the meetings convincing people to adopt programs they want to start in the area, they would (bureaucrats) have already decided on. These meetings are also conducted at the behest of central government. While the Constitution on the other hand guarantees citizens to be empowered with powers to input on decisions or policies that affect them, 34 local government Acts provide rubber stamping tailor made processes and systems. The Constitution views the public at local level as best placed to articulate grassroots needs and priorities, yet the enabling legislation views the Minister as best placed to make strategic policies and decisions for the locality. The design of the Acts is ultra-vires the Constitution. The right to participate at local level should be an entitlement, and not regarded as a privilege. While the Constitution is more people driven and centred, the local government Acts are centralist in nature. This is clear from the design of the Acts, which makes the local authorities accountable to and engage the Minister more as opposed to the locality. For example s7 (15) RTCP Act provides that all district draft plans must be sent to the Minister for approval. This further consolidates the powers of central government and not the citizens for it retains all the powers and rights to determine which draft plans to adopt in the district. This control by central government over local government decisions about the nature and structure of participatory channels also restrict the influence of citizens in decision making in local affairs35 be it in budget making, by-law formulation or developmental plan. This can be highly attributed to the fact that the Acts existed before the New Constitution, and has not adopted the new wave on entrenching public participation in its design. There are various sections in local government Acts that relate to public participation, and it is the Minister and not the public whose value to participate is overly emphasized,36 yet the views or needs at local level varies according to different criteria s14 (14) (1) Traditional Leadership Act (Chapter 29:17) s59 RDC Act 32 Herlaar and Olthof (1994) 14 33 District Administrator, CEO of rural councils, government field extension officers 34 s264 (2) (a) Constitution 35 Zimbabwe Institute (2005) 4 36 S Mushamba (2010) 115 30 31

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like the age group and, gender, sex, class, needs and demands. Further, the current local government framework entrenches excessive central government accountability and intervention. For instance the RDC Act has 250 instances37 that require Ministerial intervention, such that in most cases the power either to uphold or nullify local decisions resides with the Minister without any public engagement, yet central government is far placed to know what best suits citizens at local level. The Acts do not promote accountability of elected officials and local government to citizens and participatory planning. The Acts do not acknowledge or recognize the existence of civic groups such as residents and ratepayers associations, professional bodies and any other interested entity in sustainable development of local authorities. The only time there is recognized participation is through the ballot box, which however comes once in every five years. Participation through the electorate is viewed as the most democratic participatory method at local level. However, this study also noted that it falls short of progressive participation as there is a tendency amongst the elected not to feedback or account to the electorate. Further, the Acts provide that council meetings must be in English38 in contradiction with the Constitution that acknowledges various official languages, which also inhibits participation because most leaders at local level (councilors and traditional leaders) are not educated and cannot meaningfully debate in English. 39 The study has made an analysis of the provisions of the Constitution that facilitates citizen engagement and is of relevance to local government. Further, a brief review of enabling legislation was done to note provisions that are ultra-vires the Constitution. The ongoing shall now assess the responsibilities of duty bearers (supply side) and service consumers (demand side) in relation to citizen and civic society participation, the responsibilities, roles, possible actors and participatory processes available for a responsive, accountable, inclusive and participatory local government that is citizen driven.

Zimbabwe Institute (2005) 4 s51 RDC Act 39 s6 (1) Constitution (Chewa, Chibarwe, English, Kalanga, Koisan, Nambya, Ndau, Ndebele, Shangani, Shona, sign language, Sotho, Tonga, Tswana, venda and Xhosa) 37 38

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3. Supply Side The above discussion has made an in-depth analysis of the Constitution and enabling legislation. The result has shown that the Constitution is anchored on the principles of good governance including accountability, transparency, inclusiveness and citizen participation while the enabling legislation is far from it. The ongoing focuses on citizen engagement and responsibility of tiers of government in facilitating citizen engagement at local level in decision and policy making. What this section will do is to assess and analyse among other issues the responsibility of tiers of government to facilitate public participation at local level. The study shall also analyse the relation between central and local government as well as the traditional structures that enhance public engagement at local level. 3.1

Government Responsibilities towards citizen participation.

The Constitution and existing legislative framework lay ground for the central-local responsibilities in facilitating citizen participation as earlier highlighted in the on-going study. The Constitution has devolved local government powers to provincial and metropolitan councils and local authorities and mandates local government to enhance participation.40 The challenge at the moment is the enabling legislative framework has not yet been re-aligned to adopt the spirit and letter of the Constitution. In existence are delegated and central dominated participatory processes safeguarded through disconnected subsidiary legislation. The in-waiting period for enabling legislation that realises constitutional provisions has retained a centralist approach. Central government still has direct influence and interests on what happens at the local level. Central Government Responsibility in Facilitating Citizen Engagement The Constitution binds central government to be transparent, accountable and responsive41 as well as respect the populace from which authority to govern is derived. This entails that central government must always engage the public through processes including but not limited to elections,42 allowing the public to participate in peaceful demonstrations and petitions43 and dissemination of information. 44 However, local government Acts as already been highlighted are far detached from realizing the intention of the Constitution. The discussion has highlighted the constitutional role of central government, which include engaging citizens in policy-making and accounting to the governed.45 Zimbabwe over the years has held regular general elections including local authorities’ elections with the last election on 13 June 2013 being concluded as free and fair. However, the right to participate in peaceful demonstrations and petitions is yet to be ascertained, as it has been met with resistance especially from the police and central government. However, the on-going shall give regard to local government Acts, which central Supra 11 s2 (f), (g), s8, s9 Constitution 42 s2 (b) (i),(ii), (iii) Constitution 43 s59 Constitution 44 s62 Constitution 45 S194 (1) (e) Constitution 40 41

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government heavily relies on when exercising their supervisory and intervention sight on local government, in the absence of laws that resonate with the ‘new’ Constitutional provisions. The responsibility of central government46 is to give direction, circulars or instruction to and demand reports from local government and pass regulations to ensure compliance with enabling local government Acts and ‘good’ governance in relation to participatory processes. Central government through the responsible Minister for Local Government approves citizen input in policy formulation, budget making, and decisions of local authorities that require the input of local citizens. At the moment, local authorities are required to attach as proof that citizens have been engaged a certificate as a prerequisite for local government budget or by-law approval by the Minister. The aim is to help facilitate public participation in local government budget or bylaw making. Currently, ministerial intervention provides an enabling role to public participation through safeguarding public interest in participatory processes. In some instances, central government intervention helps safeguard citizen participation in some local government processes including budget making and by-law formulation. For instance, central government has powers to direct local authorities to rescind any council resolution when such resolutions are ultra-vires citizen engagement and ‘good’ governance.47 Central government responsibility is to safeguard and play an oversight role to ensure due processes of participatory approaches are taken on board on matters that directly affect citizens. Its control in relation to participation is also premised on the need to protect rate payers against possible financial mismanagement by local authorities by means of tied conditional grants and audit. Against such a background, the Minister has powers to dismiss a councilor on certain specified ground, including if he has reasonable grounds to believe that the councilor is responsible for ‘gross mismanagement of funds, property or affairs of council. 48 However, sometimes the oversight and supervisory role that central government plays is used for bureaucratic means and not for the interest of incorporating citizen view. At the moment, central government has excessive powers to make far reaching decisions affecting local government processes. This is premised on the ill-defined central government powers that allows for an unrestrained interpretation and application of excessive central government powers, which in some instances thwart citizen engagement. The law provides that the Minister may approve or withhold his approval as he thinks fit. 49 As a result, local government autonomy guaranteed in the Constitution and public participation is the first casualty. This is so because once the Minister has approved a local authority policy it supposedly assumes legality, once published as a

This is realised through the Ministry of Local government, Public Works and National Housing s53 (1) RDC Act 48 s157 (1) (d) (ii) RDC Act 49 s229 (2) UC Act 46 47

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statutory instrument regardless of whether or not it is in the best interest of the governed.50This is further increased by the need to curb the emergence of a strong political opposition particularly in local authorities causing central government in some instances to dominate local government processes and structures e.g. the grass-root participatory structures, which currently are dominated by government officials and traditional leaders. In reality, members to these committees often act on central government instruction at the expense of citizen input.51 This has seen central government in some instances rescinding people driven council resolutions, disapproving by-laws and participatory budgetary processes. Against such a background is the need to realign local government legislation so that it resonates with the Constitution in relation to local government autonomy. The realignment of local government Acts should make local authorities accountable to the people and their processes should be people driven as opposed to central government driven. The Constitution has set a framework for citizen engagement that was not in existence before as illuminated. The Constitution guarantees access to information by citizens as well as public bodies to account to the governed on matters of public interest and not for local government to account to higher powers. Local Government Responsibility in facilitating citizen engagement The Constitution demands that local government must create an environment that encourages the public to participate in policy making and also realises people’s needs within a reasonable time.52 Local government is required to account to the people53 and to provide the public with timely, accessible and accurate information.54 The previous discussion clearly articulated provisions that advance citizen engagement such as elections, demonstrations, petitions, access to information, power to make by-laws and levy rates and taxes inter alia other processes. To a certain extent, local government Acts do facilitate citizen engagement in order to ensure that local citizens are consulted on matters that have a direct bearing on their lives or communities. For example, in some instances it allows citizens to inspect and make objections against council resolutions, budget and by-law formulation. It has to engage the citizens in policy formulation, budget making, development plans and decision-making at local level through consultations,55 inspection, 56 objections,57 elections and access to council meetings.58 Local authorities in some instances establish grass root structures, which are intended to foster bottom-up participatory democracy (VIDCOS and WADCOs) in relation to community proposal and consideration of

s229 (4) UC Act Zimbabwe Institute Policy Review (2005) 10-13 52 s194 (1) (e) Constitution 53 S194 (1) (f) Constitution 54 S194 (1) (h), s62 (1) Constitution 55 s15, s18-19 RTCP Act 56 s228 (6) (b) (i), s88 (5) UC Act 57 s228 (6) (b) (ii), s288 (2) (a) UC Act 58 s87 (1) UC Act 50 51

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development plans.59 The participatory processes are however not bottom-up approaches and are ultra vires the Constitution. Be that as it may, local authorities rarely take seriously the views of citizens in policy-making, budget formulation, development plans and decision making. The approach that local government has adopted is top-down and not bottom-up. It feels that the only stakeholder it is accountable to is central government and bureaucratic processes, and in most cases takes the views of central government as opposed to the governed. The local government Acts gives the minister unrestricted access to council’s meetings, resolutions and affairs60 yet it requires the public to pay for the extraction of Council resolutions.61 Further, in rare cases do local authorities in their budget formulations include citizen engagements funds. As a result, they lack resources to facilitate these local participatory approaches amongst its primary stakeholders. Further, local government is strictly monitored and controlled by the parent Ministry and in the case of grass-root structures by government officials and bearers. Against such a background, there is a higher probability that the entire grass-root structures is largely comprised of individuals that hold explicit partisan loyalty to the ruling party and only engage partisan members. This paper proposes the need for local authorities to create an enabling and conducive environment to facilitate citizen engagement as espoused in the Constitution. Further, local government must come up with participatory approaches that can be employed to engage citizens and civil society in decision-making and democratic processes. Human capital development62 must be cultivated and adequate funds63 need also be in place to realize and support the participatory approaches. In addition, the Constitution has given local government powers to make by-laws, regulations or rules for the effective administration of their local areas, including powers to levy rates and taxes, and general powers to raise sufficient revenue for the realisation of its objects and responsibilities. 64 Except for the above mentioned responsibilities or competencies of local government, the Constitution is silent on which other competencies are within the purview of central, local government or shared competencies in relation to the provision of basic services such as water, health, education and waste disposal. The proposed Act of Parliament through the harmonization of laws must clearly outline local, provincial and central government competencies as well as shared competencies so that each tier can ultimately take accountability and responsibility for its actions, operations and objects.

Derek Matyszak, (2010) 18 s91 (2) UC Act 61 s88 (5) UC Act 62 s194 (1) (i) Constitution 63 s301 (1), (2) Constitution 64 s276 (1), (2) Constitution 59 60

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3.2 Centre–Local relations vis-à-vis public participation In terms of the Constitution, institutions, tiers and agencies of government must cooperate with each other.65 Further, the Constitution states that governmental powers and responsibilities whenever appropriate must be devolved to provincial and metropolitan councils and local authorities competent to realise the responsibilities effectively and efficiently. 66 The existing local government Acts are divorced from the dictates of the Constitution. At the moment it is Central government that provides the legislative and policy framework within which local government operates and not Parliament and the general public. The Constitution requires public bodies to account to the people and Parliament67 and provides that the legislative authority of Zimbabwe is derived from the people and is vested in accordance with the Constitution by the Legislature.68 Parliament has a legislative role, and must ensure that the Constitution is upheld and that tiers of government act constitutionally and in the national interest or of those they represent.69 However, in reality the Ministry plays a controlling and directive role. For example, it is alleged that the Minister continues to apply his unfettered and wide powers over the functioning of local authorities since the Minister is empowered to suspend, act in place of and nullify the decisions of a local authority or citizenry that sometimes would be a true reflection of community views. Central government exerts stifling and inefficient bureaucratic control over many aspects of local authority operations for instance setting of by-laws, budget formulation, development plans, service provision functions and fiscal generation. There is extensive political interference in the internal administration of local council by the Minister.70 The section argues that the disadvantage lies in that the Minister limits the capacity of elected officials and in most cases creates conflict. This is a recipe for disaster as it creates a rift between central and local government. This also reflects that the existing relationship between the tiers of government is not in the spirit of co-operation, but in which central government prescribes policies for local government. Currently, there is no evidence of co-operation between central and local government, local authorities receive and adopt policies handed down from central government. Further, the policies which govern urban councils are usually made at the centre by the minister in the form of directives or circulars. In most cases, the minister’s directives or circulars are made without consulting local authorities despite the impact they have on functions of local government.71 The design of the local government Acts as they relate to fundamental features of council imposes constraints, and limits the autonomy of local authorities’ transparency and accountability to the citizens. s194 (1) (g) Constitution s264 (1) Constitution 67 s194 (1) (f) Constitution 68 s117 (1) Constitution 69 s119 (2) Constitution 70 Olowu D and Smoke P (1992) 12 71 Hetherington AC (1980) 18 65 66

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The study also notes that centre-local relations cannot be discussed outside the context of the financial relationship between these spheres of government. One area of concern by local authorities regards their lack of fiscal autonomy from central government’s role in approving their budgets, borrowing powers and tariff increases. Even though the UC Act empowers local authorities to fix tariffs in their areas of jurisdiction, the limited financial autonomy and viability of local government hardly serves to inspire citizen confidence in community development as they expect little from participating in these financially incapacitated local authorities. Wunch argues “if local government gives them little, they have much less incentive to involve themselves in local affairs’ hence widespread apathy in most under-resourced councils. 72 The inadequacy of central government’s transfers to local authorities serves to erode public participation and local autonomy through diminishing the effectiveness of local government. As plans and programs emerging from participatory processes at the local level are rendered a fiction by financial incapacity, the general public’s incentive to participate in the local development planning process is also eroded. In the past has been a uniform distribution of these grants without giving consideration to the differing needs of different local authorities, effectively eroding financial authority of some of the local authority especially the less viable ones. This study suggests that intergovernmental co-operation is best enhanced through a legislative framework that clearly articulates the powers of each tier of government and extent of cooperation. Further, should be a responsive enabling local government legislation that facilitates local government autonomy in decision making at local level. The legislation should realise the constitutional provisions that mandates equitable distribution of capital grants between tiers of government.73 The Constitution requires that allocation of capital grants must take into account amongst other factors; national interest, the need to provide basic services such as water, health and educational facilities to marginalised groups and economical disparities within and between local authorities.74.

3.3 Citizen engagement structures The Constitution provides that tiers of government including local authorities must encourage people to participate in policy-making and that local government must account to the governed.75 Be that as it may, the Constitution does not prescribe traditional consultation structures that local government may ride on at grass-root level to enhance citizen engagement. This is provided in local government Acts. There is the existence of formal community structures set up with the aim of getting popular participation in local, provincial and national development. These Wunch (2001) s301 (1) (a) Constitution 74 s301 (2) Constitution 75 s194 (1) (e) Constitution 72 73

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structures include the Village Assembly, the Village Development Committee (VIDCO), Ward Development Committee (WADCO), Rural District Development Committee (RDDC) as well as the Provincial Development Committee (PDC). The effectiveness of these structures as public participation avenues has however been compromised by limited technical capacity, resource constraints as well as politicization of these structures. The creation of the of bottom up structures through the Prime Minister’s Directive of 1984/85 that gave birth to the VIDCO, WADCO and Rural Development Committee was supposed to provide the basis for citizen input into local and national development. The hierarchical structures of these structures would ensure that programs and plans from the local VIDCO and WADCO would inform district, provincial and ultimately national plans. In practice however, plans emerging from the grassroots structures have been ignored by administrators for failure to meet technical standards. Commenting on the poorly presented proposals from these lower level structures, Makumbe also expressed concern over what he characteristically termed “shopping lists of villagers’ demands and aspirations’.76 As a result there is a discord between programs that finally gets implemented (assumedly for the local population) and those needed by the local population. Consequently, this has significantly undermined public confidence and morale at the local level to the level of disenchantment with these structures. The weak linkage between the hierarchical structures has also undermined public participation. District level structures have often been accused of asking for too many projects by provincial structures to the extent that most of the district level proposals are disregarded. Surprisingly however, the districts structures are supposed to be represented in these provincial structures where these complain reportedly emanate from. This clearly shows that the structures as currently constituted do not provide adequate linkages between district and provincial structures to the detriment of public participation at the local level. Resource constraints have also placed major hindrances on the role of grassroots structures in facilitating citizen participation. Programs emanating from these structures are unsupported by financial resources hence they are often traded for central government programs with ready funding. If meaningful benefits are to be derived from the use of these structures in public consultation, the need for financial support needs no over-emphasis. The Constitution provides that there must be equitable allocation of fiscal allocations between central, provincial and local tiers of government taking into account the fiscal capacity and efficiency of local government including participatory processes and citizen engagement.77 Further it states that not less than five percent of national revenue raised must be allocated to provinces and local authorities annually. In terms of the Constitution, local authorities and metropolitan council have been

76 77

Makumbe (1998) S298 (1) (a) (ii), s301 (1), (2) (f) Constitution

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granted powers to levy rates and taxes and raise sufficient revenue in order to realise responsibilities such as citizen engagement78 3.4 The Benefits of Citizen Participation to Local Authorities The Constitution has given high accord to citizen engagement and accountability by public bodies across the tiers of government.79 Local government is required to give powers of local governance to the people and enhance their participation in decision that affects them. 80The growing calls for public participation are informed by the realization that community development and improvements in service delivery cannot be achieved by bureaucratic means alone. Justifying the need for popular participation in national development Mandaza has argued that ‘exclusively bureaucratically managed development schemes lack the enduring vitality, dynamism and creativeness which spring from popular participation’. 81 As a result there is growing recognition of the role of citizen participation in community and national development. While citizen do derive certain benefits from participating in national and community development, local authorities stand to benefit from the following: Enhanced Local legitimacy and Democracy In terms of the Constitution, every citizen has the right to free, fair and regular elections.82 The right extends to participation individually or collectively in gatherings or groups in peaceful activities to influence, challenge or support the policies of government.83 Mandaza demonstrates that ‘popular participation does not only involve greater involvement in the socio-economic development process, but enhanced legitimacy and viability of community development projects’. 84 The engagement of citizens in decision making processes enables local government to well-respond to needs that are most critical to communities. The citizens will also be in a position to understand the capacity and constraints of their local authority with regard to provision of services and community development. This reduces demonstrations and payment boycotts. Increased legitimacy also enhances the possibilities of the creation of lasting partnerships between the council and stakeholders that leads to good rapport and working relationships between council and stakeholders. In other words it helps to establish an atmosphere of trust and confidence between the local government and its citizens. However, it also needs to be borne in mind that participation which results in minimal influence and responsibility may degenerate into frustration, disillusionment and apathy. This will undermine citizen participation in the long term as the target population will inevitably shun future local government initiatives. S276 (2) (b) Constitution s194 (1) Constitution 80 s264 (2) (a) Constitution 81 Mandaza (1998) 103 82 s67 (1) (a) Constitution 83 s67 (2) (d) Constitution 84 Mandaza (1998) 103 78 79

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Increased Public Ownership, Enhanced Transparency and Accountability Local government is expected to promote democratic, effective, transparent, accountable and coherent government in Zimbabwe at local level. 85 This makes public participation of paramount importance and beneficial to local authorities as it enhances the spirit of oneness, transparency, accountability and public ownership of development programs and projects. Citizens begin to openly demonstrate a sense of ownership and care for public investments. The results include: reduction in vandalism, corruption, increase in voluntary support and services, willingness to pay surcharges, fees, and timely payment of taxes and levies. This will result into development of positive attitudes towards local government and improved revenue collection. Effective and efficient participatory processes are part of the solution to some of the local authority’s revenue collection woes that include high default rates among ratepayers in some of the local authorities. Common vision and strengthened voice For local government to be viable there is the need for it to preserve and foster the peace and national unity and indivisibility as enunciated in the Constitution.86 This study argues that for an increased common vision and strengthened voice, local authorities need to respect the local people, from whom the authority to govern is derived through engaging them on matters that affect them directly. 87Advocates of public participation have argued that public participation is essential in the creation of a common vision and understanding. The development of a shared vision not only sustains unity of purpose among the stakeholders but further engenders community trust between citizen and local government. A common vision also strengthens the voice of citizen particularly the marginalised groups for better informed decisions and accountability. Increased interest in monitoring and evaluation of development projects The Constitution requires local authorities to recognise the right of citizens to manage their own affairs.88 This entails citizen engagement in the conduct of local government’s exercise of power and delivery of essential services such as water, sewage and waste disposal. The study argues that where citizens are involved, they will be the ‘eyes and ears of the local authority’ with regard to progress and results of development programs. This ensures that: (a) project implementation is on target, (b) resources are applied in accordance with agreements, and (c) quality control is in place. This ultimately assists in guarding against abuse of public office and resources. The growing demands for effective public participation in local governance are not only informed by the changing global trends in local governance but also the realization that s264 (1) (b) Constitution s264 (2) (c) Constitution 87 s3 (2) (f) Constitution 88 s264 (1) (d) Constitution 85 86

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sustainable local governance can only become a reality when citizens effectively participate in decisions that ultimately affect them. The study has focused on citizen engagement and responsibility of tiers of government in facilitating citizen engagement at local level in decision and policy making. The discussion above attempted to analyse and assess among other issues the responsibility of tiers of government to facilitate public participation at local level. It also identified provisions in the Constitution that support and anchor citizen engagement. The extent to which citizen engagement is enshrined in the Constitution has been explained, extending to the intergovernmental relations that exist between central and local government as well as the traditional structures that enhance public engagement at local level. The study proposes to make recommendations for the necessary skills to enhance public engagement and participation at local level. 3.5 Councilors’ training and Citizen Participation For local authorities to realize meaningful citizen engagement there is the need also to have in place competent councilors/officials that have the capacity to apprehend the importance of citizen engagement. The Constitution anchors the need for human-resource management and career development practices that maximizes human potential to be cultivated at local administration.89 Local authorities are called upon by the Constitution to ensure that even councilors are capacitated including through legislative measures.90 However, an analysis of current performance of councilors and trainings content offered to councilors highlight a deficit in participatory approaches. Councilors and other local government practitioners can be trained at institutions as Domboshava Public Service Training Institute, the University of Zimbabwe, Midlands State University as well as the UCAZ Institute of Local Government and Polytechnic colleges around the country. While most of these training institutions continue to offer traditional local government courses as management, local government and management to their trainees the real need especially for councilors, is centred around issues that are at the core of participatory management as public relations, negotiations, conflict resolution mechanisms and confidence building among others. Training institutions and trainers have also been criticized for lack of adequate orientation towards participatory tools and techniques. The trainings currently being offered by local government training institutions were dismissed by Jonga and Munzwa as largely being too theoretical hence the limited uptake by councilors.91 Trainers are often academics with limited practical experience on local governance. An analysis of the training content offered by the S194 (1) (i) Constitution S194 (1) Constitution 91 Jonga and Munzwa (2008) 6 89 90

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training institutes also reveals a theoretical bias at the expense of the skills and attitudes needed in promoting public participation at the local government level. In-house training by local authorities and local authorities associations as Urban Councils Association of Zimbabwe is also affected by limited funding and qualified personnel. The local government sector has not been spared from the drain as qualified and experienced personnel moved en masse to the private sector and the Diasporas in search of greener pastures. As a result, the trainers themselves are insufficiently capacitated to equip the trainees with the requisite skills for participatory governance. The training programs have also been criticised for lagging behind developments in the ever changing local government sector. The traditional training programs while useful to some extent have not been able to adjust to the changing demands of local governance. Consequently graduates of these training programmes find themselves ill equipped in negotiating the complex 21st century local government field. Commenting on training programmes offered by the Public Service Commission of Zimbabwe at Domboshava Institute, Jonga92 argues that the courses offered are too general and fail to address changing needs and demands of local authorities. As Jonga and Munzwa93 would later argue, ‘the training programmes are not a product of thorough research and are not targeted at the acquisition of specific skills by the trainees’. The end result is that most of these training institutions repeatedly offer courses whose content is rarely changed while the demands for governing 21st century local authorities continue to change. There is need for local authorities to take measures including legislative measures to promote training of councilors. What may also be required is to review training content and create a working relationship between training institutes and local authorities and support (technical and financial). These training institutions remain pertinent and trainings have to be relevant to the current demands of participatory governance at the local level as clearly outlined in the on-going study. 3.6 Recommendations for necessary skills to enhance public engagement The Constitution states that for enhanced and accountable local government, good human resources management and career development practices must be cultivated in public institutions. 94 While the Constitution guarantees the need for human capital development, the possible necessary capacities are found in varied existing literature as espoused in the diagram below. Target

Strategy/Approach

Purpose

Methodology

Jonga (1998) 10 Jonga and Munzwa (2008) 6 94 s194 (1) (i) Constitution 92 93

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Group Local Authorities appointed and elected officials

1.Capacity Building skills and Human Resources Development

1. enhance local officials responsiveness to citizen engagement

1. Education- capacity building workshops and seminars, presentations on roles, rights, powers, ethics and communication methods

2. Awareness raising on gender balance and affirmative action 3.. Training and sensitizing local officials- Participatory Budgeting, Public Expenditure, Policy

2. enhance and promote gender balance in participatory approaches 3. To turn the knowledge gained from the people into well packaged municipal actors

2.training on civic participation, theory, model and approaches 3 Training Workshops and Seminars on Needs Identification and agenda setting, law and procedures of meetings, introductory, public finance and taxation policies, accounting for non-finance- training on organization theory on public administration

4. Demand Side 4.1

Possible avenues for citizens to bring their issues forward

A multiplicity of avenues is available for citizens and civil society organizations for the purpose of furthering their interests and demands to local authorities and public policy makers. These avenues include participatory elections, media campaigns, mass demonstrations and petitions, exit mechanisms as well as well as the use of formal participatory structures at the grassroots level. By and large, the effectiveness of these avenues is dependent upon strong democratic institutions, responsive legislation, vibrant civil society, autonomous and well resourced local government and an informed citizenry and the interpretation of the Constitution through the enabling local government Acts. Participatory and Representative Democracy/Elections 22

In terms of the Constitution, every Zimbabwean citizen has the right to free, fair and regular elections.95 Further any citizen above the age of eighteen years has the right to vote in all elections and referendums and to do so in secret.96Elections play a pivotal role in strengthening decentralized governance, and thereby facilitating citizen participation in determining the nature and type of public office holders. Elections are an important avenue for citizens to bring their issues forward through the selection of public officials who will represent their interests best. As Braun and Grote97 have argued ‘participatory local governments are more responsive to local needs as elected officials are more accountable and responsive to the needs of the electorate’. In arguing the case for local government elections Kabemba 98 asserts that the advantage of local elections is that citizens know candidates well and can choose on an informed basis. Elections, however can be subject to manipulation particularly through tactics as vote buying, coercion of the electorate and gerrymandering to the extent that the outcome might not be a true reflection of the electorate’s will. Moreover, the emergence of a strong political contender in local government elections particularly in urban areas has meant that there are now competing political parties with equally fair chances of winning elections. The result is that individual qualities of potential candidates are scarified on the altar of political expediency. The imposition of candidates by political parties at the local level further closes potential avenues through which citizens and civil society can participate in local governance.

Consultative Forums and Public Hearing The Constitution does not identify consultative forums and Public hearing as processes that citizen can implore for their voices to be heard in decision making. It however encourages citizen to participate in decision and policy-making. 99 It obligates an Act of Parliament to provide for the procedure to be followed by local authorities.100 However, this study suggests that in the absence of an enabling legislation, public hearings are an avenue that non-governmental organizations can pursue in bringing their issues forward as well as bringing local authorities to account. Besides allowing the expression of diverse opinions, public hearings also offer an opportunity for marginalized groups to input into community and national development issues. Being an open process, public hearings usually attract media attention. NGOs and civil society can ride on the publicity and media attention in furthering their issues. The effectiveness of public hearings remains subject to debate as they usually end up being talk shops with no tangible results and benefits to the community. Most often, public hearings are abused by policy s67 (1) (a) Constitution s67 (3) (a) Constitution 97 Braun and Grote (2004) 98 Kabemba (2004) 99 s194 (1) (e) Constitution 100 S279 Constitution 95 96

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makers to endorse and formalize an earlier position under the pretext that sometimes points of view within the community cannot be simply reconciled. Exit Mechanisms The study also identifies exit mechanisms as an important participatory process that citizens and NGOs can maximize in making local authorities engage them on matters that directly affect them. The Constitution has left it to the legislature to employ such mechanisms in its participatory mechanisms for enhanced citizen engagement. According to Rondinelli101 citizens may participate in local governance through exit mechanisms that include voting with their feet. Citizens, civil society organizations and business can relocate from certain areas as a way of calling attention to responsible authorities to address certain issues in certain localities. In dismissing the feasibility and effectiveness of this approach for developing country citizens, Rondinelli102 has argued that “citizens in developing countries have rigid sunk costs in land and housing and it is not easy for them to dispose of their assets and move to better jurisdictions.” A cost-benefit analysis by the citizens would therefore force them to endure the poor services rather than vote with their feet and have to pursue more effective avenues of participation. Moreover this approach works best in settings where citizens are adequately informed and public accountability systems are strong. Demonstrations and Petitions The Constitution guarantees citizens with the right to demonstrate and to present petitions, in a peaceful manner. 103 Citizens and NGOs are entitled to demonstrate or petition peacefully against any decisions or processes that do not effectively resemble their views or participation. This entails that citizens and NGOs can also use peaceful demonstrations and petitions to demand rights and highlight their plight to local and central government as enshrined in the Constitution. Citizens and NGOs have also the right to petition Parliament to consider any matter within its authority, including enactment, amendment or repeal of legislation.104 NGOs can mobilize the citizenry to embark on demonstrations to raise awareness on particular issues or petition policy makers in order to influence policy or legislation. Civil society organizations as Combined Harare Residents Association (CHRA) and in some instances Women of Zimbabwe Arise (WOZA) have been able to mobilize citizens in demonstrating against poor service delivery particularly in urban areas. The results of these demonstrations and petitions have however been difficult to measure. The history of demonstrations and petitions as an avenue for pursuing lobbying and advocacy testifies to the limited effectiveness of this avenue in the context of Zimbabwe. Many civil

Rondinelli (2007) 262 Rondinelli (2007) 262 103 s59 Constitution 104s149 (1) Constitution 101 102

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society leaders have been arrested, threatened with arrest and severely assaulted for taking part in demonstrations or even advocating demonstrations. Increased advocacy by Civil Society for Legislative Reform As already highlighted, the Constitution is not exhaustive on all participatory processes available to the public. The study has already asserted that the Constitution has left some mechanisms to the enabling legislation to provide for the procedure to be followed by local authorities including citizen engagement.105 This study proposes that NGOs and citizens can play a prominent role not just limited to responding to government policy but also monitoring accountability. The platform can also stimulate civil society to act proactively to contribute to policy and legislative action and become a clear central point of contact for government, developmental partners and communities. For instance the Ratepayers and Residents Associations may create a platform for a collective and independent voice. This emanates from the Constitutional provision that requires local authorities to give powers of local governance to the people and enhance their participation in the exercise of powers and making decisions affecting them. 106 However, the challenge that stands is lack of substantive power by local authorities. For instance local government policy (by-laws) is subject to approval by the parent Ministry. The on-going has already highlighted that the available opportunities for participation are shaped by legal and procedural frameworks through the local government Acts that are subject to bureaucratic and political constraints. Civic participation can demand accountability through demanding reform of all local government Acts in relation to enhancing possible avenues for enhanced participation. Instead of central government being the final custodian of local government processes, the final decisions at local level should lie with the people. What this entails is civic society advocating for legal reform to enshrine local government accountability to citizenry and could also realise this through peaceful demonstrations and petitions.

Media Campaigns and Social Networks Every citizen has the right of access to any information as far as the information is required in the interest of public accountability. 107 This creates a platform for civil society to maximize media campaigns in highlighting their concerns on public participation. This could include press statements highlighting areas of concern, detailed newspaper articles, letters to the editors of newspapers, open letters to relevant policy makers and institutions as well as interviews on radio and television. The significant increase in mobile and internet penetration in Zimbabwe (mobile penetration estimated at 103, 5% while internet penetration was pegged at 39.8 % by December

s279 Constitution s164 (2) (a) Constitution 107 S62 (1) Constitution 105 106

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2013)108 offers a platform for civil society to engage in community advocacy and social mobilization through social platforms such as Face-book and Twitter. However, at the moment to claim space in print and electronic media demands exorbitant fees in most cases that civic society may not be able to sustain financially. Further, most mediums used are not within the reach of the most affected that is the marginalised groups, women, elderly and the poor and in general the population in remote areas. This entails that even when the information is made available through print and electronic media, the low-income citizens may not be able to pay for the medium for instance newspapers or electronic gadgets that transcribe the flow of information. In the end, the use of media will remain the preserve of the elite and rich at the expense of the poor. Grass-root Participatory Structures The Constitution provides every person with the right to freedom of assembly and association.109 This means that citizens can choose to join or associate with any grass-root participatory structure. This can create platforms on which civil society organizations and citizens can make use of formal grassroots structures to bring their issues directly to the attention of local authorities. Citizen and NGOs should also equip themselves with knowledge of the existence and functions of grass-root structures. In existence are VIDCOs, WADCOs and District Development Committees (DDCs). These grassroots organisations are designed to articulate the aspirations and demands of the ordinary citizens at the local level. For instance, development plans are deemed to be bottom up, and are expected to work their way upwards through the VIDCOs, WADCOs and DDC. These local grass-root structures are highly dominated by traditional leaders, council officials and sector government field office bearers. Civil society will need to decongest the bureaucracy through training the committee members and building their capacities. NGOs can mobilise communities to demand access to information and also have their input and views prioritized in development draft plans. This will strengthen community voices and enable them to make informed decisions. In this regard, civil society will play a prominent role in monitoring accountability through setting up of monitoring committees that play an oversight role. Civil society can mobilize citizens especially when the draft development plans do not reflect the views of the communities engaged. While the grass-root structures pose as a possible avenue for engagement in practice they lack autonomy. Participation tends to be filtered through bureaucratic and administrative procedures that in most instances thwart citizen control over the process. As a result, citizen participation at

108 109

www.zncc.co.zw “ Mobile Penetration now at 103, 5 data at 39.8%” Accessed 01 July 2014 s58 (1) Constitution

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these grass-root structures is seriously undermined especially where it has little effect and the most important decisions continue to be made by central government. 4.2

Processes where citizens and NGOs can demand effective engagement from authorities

Citizen engagement in the Constitution is viewed as bedrock for good governance and sustainable development. Citizens and civil society have been provided with avenues for citizen engagement through elections, 110 petitions and demonstration,111 litigation112 and access to information113 in the Constitution, which are not fully realised in the enabling legislation. Below is a list of possible avenues citizens and civil society can employ for effective citizen engagement in decision and policy making at local level. While some processes are highlighted in the Constitution, some of the proposed processes are suggested as a result of the desktop review undertaken by the writer having realised the emphasis they have been given by varied writers as processes that can enhance citizen engagement in policy and decision-making at local level. The writer opines that even though some terms used to describe certain participatory processes such as participatory budgeting, expenditure tracking, policy participation and council meetings are not explicitly provided for in the Constitution, one can choose to group such under the right of access to information. Participatory Budgeting The study notes that while the Constitution does not explicitly outline citizen engagement through participatory budgeting, it suggests that the budget making process permits civil society and citizens to negotiate directly with local authorities office bearers (both political and technical) on the allocation of public resources for investments. The consultation process allows office bearers to listen to citizen and civil society demands, explain local governments’ priorities and defend local government actions. This also extends to the right to access information held by local authorities as stated in the Constitution.114 This allows local authorities to consult stakeholders before the budget can be approved by the Minister. In terms of local government Acts, budget proposals are published in three issues of the newspaper so as to give a chance to scrutinize the budget and provide concerned citizens with relevant information. The budget making process provides a number of platforms available for the citizens to influence the budget outcomes which are the consultation phase, inspection and public objections phase before approval by the Minister. Local authorities are required by the parent Ministry to attach a certificate of consultation on the copy of estimated budget before the Minister can approve the s67 (1), (3) Constitution s59 Constitution 112 s68 Constitution 113 s62 Constitution 114 s62 Constitution 110 111

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budget.. This entails that after the preparation of the final budget, citizens and NGOs are also allowed to make objections to the proposed budget after the call for objections has been advertised. The call for objections therefore allows stakeholders to assess the provisions of the budget against their aspirations and expectations. These objections are then expressed in writing and Council is required to reconsider its proposals in light of the objections. Civil society can play an advocacy role and mobilize citizens to object to a budget making process that does not reflect citizen engagement and in some instances employ legal processes as will be discussed in the ensuing study. Expenditure Monitoring Tracking expenditure permits the public to have information in the interest of public accountability. 115 Further, expenditure monitoring enhances citizen participation and gives power of local governance to the general populace.116 Participating in budget process though useful needs to be complemented by tracking expenditure of local government. Civil society actors in Zimbabwe can play an effective role in tracking the expenditure of local governments through partnering with communities and local authorities. The main thrust is to track how public funds that are usually disbursed by the government or by donors are channeled to spending points and verifying how the funds are actually used. In other words, the tracking exercise is carried out to identify where blockages and leakages exist, which leads to action being taken when a discrepancy arises between disbursement and actual expenditures. Civil society in this regard can analyse reported local authority expenditures. This can be achieved through setting up of ad-hoc committees in charge of overseeing implementation, mechanisms used (could include information disclosure and transparency on a project budget, financing, contracting and procurement and implementation) by civil society. The established committees will report regularly to the local communities and to project staff. The aim is to ensure that resources reach their intended service delivery points and beneficiaries. Further, civil society can mobilize citizens to demand access to information on local authority expenditures especially where those are not readily available. This enhances local capacities and voice of marginalised groups through means of gradual broadening of civic participation in policy-making and resource allocation. Civil society organizations can develop indicators, gathering and analyzing data, case studies, survey instruments and providing feedback to communities on their findings. Consequently, communities will be better informed to influence local authorities planning and decision-making.

115 116

s62 Constitution s264 (2) (a) Constitution

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Policy Participation The Constitution guarantees local authorities with powers to make by-laws, regulation and rules for effective administration of their areas and functions. 117 However, the process for citizen engagement is provided through the local government Acts. Currently, councils are legally obliged to publish proposed by-laws in a newspaper and among other things, inviting persons who have objections to the proposals to lodge their objections, in writing. Civil society and citizens may input in various phases of the policy cycle. The council is required to reconsider its proposals in the light of the objections. In theory, the public can make any input in the business of the council, particularly at the policy development and formulation stages. Consequently, this will benefit the recipients of local authorities and trigger a mutual participatory process for the actors involved. Council Meetings The Constitution sanctions public institutions to avail information held by them to citizens.118 This constitutional requirement also extends to council minutes and resolutions. This is also provided in local government Acts that require every meeting of council to be open to the public except when the council is meeting in committee. The minutes of the meetings of proceedings of a council and its committees shall be open to inspection by any inhabitant to the council area or creditor of the council except in cases where the proceedings were done when council met in committee.119 A citizen can hold his/her ward councilor accountable on any area of policy or decision if not satisfied through following up on council deliberation and resolutions made by their representatives. The citizens and NGOs can demonstrate or petition council to revoke certain decisions which might be ultra-vires local interests. The Constitution as earlier highlighted provides for the right to access public documents of government departments by citizens extending to local authorities documents. However, relating to accessing council meeting it is evident through the local government Acts that one has to pay a fee in order to be given resolution of a council. Already what this means is that the poor will not access and council resolutions and participation will remain the preserve of the rich. The citizens are already paying for council services and the minutes should be made free to them as a measure of bottom-up accountability so that citizens are able to monitor on policy and decisions made at local level. There is need to call for legislative reform to align local government Acts to the Constitution so that Council resolutions become a right and not a privilege.

s276 (2) (a) Constitution s62 Constitution 119 s50, 51 RDC Act 117 118

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Representative Democracy The study has already highlighted that elections are a constitutional guarantee of democracy.120 Elections remain a democratic process available to citizens and civil society aimed at influencing decisions taken mainly by public representatives and officials realised through voting, campaigns, group actions and protests. It is the most basis form of ensuring accountability. Elections at local level are conducted every five years through universal adult suffrage. Civil society participates through cascading voter education to the local communities. Civil society can also advocate for mechanisms that guarantee representation of women and marginalised groups in local authorities, since its non-existent at the moment. Legal Redress Available to Citizens and NGOs and Public Interest Litigation In terms of the Constitution, s68 provides any person with administrative justice redress. One must be afforded with reasons promptly and in writing in the event of a right, freedom, interest or legitimate expectation being adversely affected by administrative conduct. For instance, in the event that a local authority denies the public to inspect and participate in budget formulation, bylaw making or access council minutes, one can seek for redress through administrative justice conduct. The citizens and NGOs have an obligation to ensure there is transparency and accountability having a duty to report acts of malpractice and financial maladministration to relevant authorities. The law also provides local authorities with authority to discipline, dismiss or cause for the arrest of any local authority personnel who would have abused public funds or power. Further citizens can make use of public interest litigation (PIL) and class action. PIL refers to legal action taken in a court of law to enforce the public interest or to protect the legal rights and liabilities of the public or a community. This is a legal development that seeks to widen civic participation in governance. Public Interest litigations are increasingly becoming a popular avenue used by civil society organizations in seeking redress through the courts. The courts may direct local government to take corrective steps in restoring the rights and entitlements of the poor and marginalized communities. 4.3

Possible actors that can demand accountability and inclusion from local authorities The study notes that the Constitution does not classify stakeholders that can demand accountability and inclusion at local level. The Constitution focuses on the public and the governed from which authority to govern is derived. However, the study has identified certain

120

s67 (1), (3) Constitution

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stakeholders who can demand accountability and inclusion for enhanced citizen engagement at local level. These include but not limited to: Parliamentary Portfolio Committee on Local Government – In terms of the Constitution,121 Parliament must facilitate public involvement in its legislative and other processes and in the process of its committees. The Parliamentary Portfolio Committee on Local Government provides a mechanism that the public can pursue to demand accountability from local authorities and the ministry of local governance as it is mandated with the oversight function of the functioning of the ministry of local government. The same Constitution requires the committee to conduct its business in a transparent manner and hold its sittings in public based on openness, justice, human dignity, equality and freedom. 122 The committee can request local authority’s officials to appear before the Committee to answer questions and clarify certain issues to the parliamentarians. Even though the effectiveness of the parliamentary portfolio committee as a mechanism for accountability is limited in that in some instances the public is excluded from sitting of the committee, the limitation must be reasonable, fair and justifiable in a democratic society.123 It remains a channel that the public can use to demand accountability from local authorities and the ministry of local government. This platform allows the public to observe the committee meetings and follow debate in the committee. Consequently, the public can take their views and opinions to the committee through the elected representative members of the committee. The committee members are also expected to account to their constituencies for the debate and motions they move within the committee. Residents and ratepayers associations are increasingly being recognized as important players in urban local authorities. According to Machingauta et al “these groups have been able to pressure elected officials to improve service delivery by pointing out service slippages and resource wastages in local authorities.” This has been achieved through their advocacy for transparency, accountability and probity in the operations of local government to the extent that most local authorities now actively engage them in participatory budgeting. Vulnerable and marginalized groups- the need to include vulnerable and marginalized groups as women and youths in local governance needs not be overlooked. Engaging marginalized and vulnerable groups as women, youths as equals in community decision making, priority setting and resource allocation does not only empower these groups but helps in ensuring that resources are channeled where they needed most. Therefore if service delivery must be responsive to the needs of the community, the need to engage marginalized and vulnerable groups remains supreme. However, these groups are not sufficiently capacitated to engage as equals in local governance. s141 Constitution s141 (c) Constitution 123 s141 (c) (iii) Constitution 121 122

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The need for awareness building and civic education remains central for effective participation in local governance by these groups. These groups need to be made aware of their rights and responsibilities to demand, participate in, and monitor the delivery of services in their communities. They also need to be educated on the need for accountability of the elected and appointed officials to the people, and their role in ensuring that elected officials are accountable to the public. Business Community -Decisions that are taken or not taken by local authorities are directly borne by the business community hence the need for involvement and engagement of business community by local authorities. For instance, the increases in local tariffs will have a direct impact on profitability of businesses. The Confederation of Zimbabwe Industries (CZI) and the Zimbabwe National Chamber of Commerce (ZNCC) are largely considered as the voice of business community in Zimbabwe. Local authorities are supposed to create an enabling environment for industry through effective and efficient service delivery. This could be achieved through meaningful engagement of the business community by local authorities. Micro, Small and Medium Sized Enterprises (MSMEs). The growing informalisation of the Zimbabwean economy renders the MSME sector an important constituency in local governance. The functioning of local authority through the enactment of by-laws and delivery of services by local authorities has a direct bearing on the functioning of the MSME sector hence the need for their effective participation. Developmental Partners –they are increasingly playing a prominent role in Zimbabwe’s local government landscape through offering financial and technical support to local authorities. The Bill and Melinda Gates Foundation for instance has entered into a partnership with the Harare City Council in provision of housing for impoverished communities while UNICEF has also partnered with local authorities in provision of water treatment chemicals. To this end, donors would require local authorities to account for the use of such resources. Community leaders – Community leaders such as traditional leaders, influential personalities and church leaders have an important role in local governance as they wield significant influence in their local communities. Community leadership has been instrumental in policing the activities of the local authorities pointing out any misdemeanors. This has to an extent facilitated the forming of opinions and influenced the common citizen's interest in public affairs, through the creation and provision of essential information that the citizens require to participate in decision making at local level. Community leaders enhance participation by improving trust among group members, reducing transaction costs and thereby facilitating the flow of vital information.124 However, if not monitored community leadership, ‘especially if backed by a politically powerful 124

Zimbabwe Institute: Local Government Policy Review (2005) 12

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constituency, can actually inhibit public participation and accountability in formulation and implementation of local government policy through the creation of parallel structures competing with and/or undermining those of local authorities’.125 4.4 Potential challenges in rural areas The use of participatory processes has always been inhibited with a lot of challenges especially rural local government areas. Below is a summation of challenges likely to hinder the effectiveness and responsiveness of participatory process in rural areas and local government in general. Polarized Political Environment The current political environment in rural areas is highly polarized and may hinder effective participation of all the stakeholders. For example, central government and community leaders hold with suspicion developmental partner engineered programs that come though NGOs. In most cases, the facilitators face resistance from governmental officials or community leaders (they are viewed as being sympathetic to opposition political parties bent on effecting regime change) thereby stifling information flow. The negative perceptions of VIDCOs and WADCOs as extensions of the ruling party hardly serve to promote public participation and information flow in most communities. Resultantly, those with differing political opinions sometimes opt out or are left out in community processes. Lack of training and Illiteracy amongst Committee members The polarized political environment and the limited effectiveness of grass-root participatory structures have also conspired with limited financial resources in undermining the attractiveness of grassroots participatory structures to competent people in rural areas. The result is that most members constituting VIDCOs and WADCOs are technically incapacitated. Furthermore, most of them have not received any formal training on participatory processes. As a result, members attend meetings to sit in rather than influence deliberations. Also the RDC Act sanctions meetings to be conducted in the English language there. If a member attends a meeting and does not apprehend the debate, the member has nothing to feedback on be at village or ward level. This results in insufficient flow of information to the locality. Some of the members fail to apprehend community expectations and needs resulting in unfulfilled expectations of the local people. Consequently, local people represented in these committees tend to feel that their participation has little or no effect to what actually happens and resist further interactions. Lack of a Common Vision and Commitment The communities in rural areas are sparsely organized and sometimes sharing the same views relating to development planning of their area is sometimes a challenge. For instance, if the 125

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debate under motion is of no interest to a particular individual or group, either individual or group is likely to be excluded from participating or accessing information pertaining to that particular project. Is some cases, some people would rather tend to their fields than inputting in development plans of their areas. This is largely due to the challenge that some groups may find it difficult to accept the collaborative decision-making approach. Further, the diversity in ethnicity and languages can be a source of conflict between various actors if not properly managed. This also has cost implications as information has to be translated into the different languages as well as catering for special needs stakeholders against a constrained district council budget. This is also closely tied to manipulation of some processes by other stakeholders in order to push their agendas. Non-reliable Communication Channels Communities in rural areas are widely-sparse. The citizens that live furthest in most cases do no access information or invitations to attend meetings. Also sometimes the communication channels used take longer to reach intended target. The practice is that most meeting invites or communication is either done through the community schools, churches or ward councilor. In the event that a family has no school-going pupils, or fails to attend a church service will likely not access the information or invitation especially short-notice participatory processes. To rely on the councilor as a channel for communication is a challenge since in most cases the councilor has no means of transport or mechanisms to ensure smooth flow of information to the remote and marginalised areas. In some rural cases, the situation is further complicated by poor accessibility of certain communities by road networks to the extent that these communities end up being left out of most community and national development processes. Lack of confidence of marginalized groups Issues of rights and citizen participation are relatively new in some conservative rural communities. Consequently, previously marginalized groups that have no history of citizen participation as women, the physically challenged and young people often lack the confidence and tools to participate in community development, an area which hitherto was a preserve of the elite and men. Citizen participation needs to build capacities of these marginalized groups and communities so that they freely and willingly participate beyond elections of representatives in local governments. Inadequate financial resources The mobilization of communities in rural areas especially those areas with sparse population is a financial challenge that local authorities grapple with. The financial situation of these local authorities is further limited by failure to generate meaningful incomes from income generating projects and limited powers of taxation by the local authorities. This leaves District councils heavily depended on central government transfers which not only limits the local authority’s discretion but autonomy in decision making since tied funds attach specific directives on 34

expenditure.126 Currently, most district developmental plans lack budget support. As a result, consultations become limited in closer and accessible areas to the local authority or ward councilor. Due to limited resources, councilors find themselves handicapped in travelling to far areas due to lack of transport. . Lack of resources also impinges on the time allocated to citizens to inspect or object developmental draft plans. Consequently, citizens end up with limited time to input on draft plans against the stipulated two (2) months in the RTCP Act. Further, the office bearers due to limited time become less inclined to reflect and shift direction and modify plans be it drafts plans, budget or by-laws. Sufficient time in essence would be necessary to develop, adapt and implement an agreed process and allow for building interest in what the project is all about, process and confidence of implementing agency. However, resource constraints can become a convenient excuse for not channeling out information to all relevant stakeholders as a way to manage bureaucratic dominance of participatory processes.

4.5

Skills Training Recommendations.

The Constitution clearly articulates participatory processes and makes access to information a fundamental right for any person in Zimbabwe. Further, it requires public institution to respect and account to the governed. The study attempts to proffer skills that may enhance citizen engagement at local level if the benefits of civic participation are to be realized in Zimbabwe’s local government. The study notes that even though they are not provided for explicitly in the Constitution, they are possible recommendations the writer came across while undertaking the research that a wide literature acknowledges as building blocks for enhanced citizen engagement at local levels. Target Group

126

Strategies/ Approach

Objective

Methodology

Moyo (2006) 28

35

Citizen training (budget formulation, tariff determination, by-law formulation, monitoring and evaluation and organization theory

To strengthen and build capacity, knowledge and skills in relation to their rights and responsibilities in terms of the Constitution and enabling legislation for an informed community

Citizens and civic Sensitization and To draft enabling legislation that society awareness of local clearly articulates new processes government Acts and of participatory planning to Constitution influence the priorities of local government Community campaigns To promote participation and including gender dialogue for enhanced awareness participation, transparency and accountability

Accountability elected officials citizens

Influence and maintain of accountability of elected officials to and government agencies to the citizenry

Participatory Budgeting

Education- capacity building workshops and seminars, focus group discussions, presentations on specific legislation or policy processes, advocacy, voter education, training of trainers workshops (TOT) and can focus on introductory and public administration nature, content and scope, rights, obligations and powers and accounting for non-finance managers Consultations, referendum and electoral participation, alignment and review of current local government enabling legislation and national. Communication -lobbying, media and advertising campaigns, advocacy, community surveys, consultation, website, ballot initiatives, public meetings and hearings, cartoons. Local elections, strong and active opposition, media, public meetings and formal redress procedures, group actions, petitions, demonstrations, campaigns

To enhance local people’s Involve the citizens in budget participation in decision-making review, defining priorities over allocation of resources

36

Facilitate participatory planning Lobbying, select community Setting up of and decision making (gender, facilitators, advocacy. Community Working HIV/AIDs mainstreaming or Groups or advisory equitable resource allocation) committees (water, housing, water and sanitation, Roads and Infrastructure)

5. Recommendations 5.1 Demand Side However, this study recommends that in the absence of an enabling legislation that clearly articulate citizen engagement, public hearings are an avenue that non-governmental organizations can pursue in bringing their issues forward as well as bringing local authorities to account. Besides allowing the expression of diverse opinions, public hearings also offer an opportunity for marginalized groups to input into community and national development issues. Citizens and NGOs can also use peaceful demonstrations and petitions to demand rights and highlight their plight to local and central government as enshrined in the Constitution. NGOs can mobilize the citizenry to embark on marches or demonstrations to raise awareness on particular issues or to lobby policy makers in order to influence policy or legislation. This study proposes that NGOs and citizens can play a prominent role not just limited to responding to government policy but also monitoring accountability. The platform can also stimulate civil society to act proactively to contribute to policy and legislative action and become a clear central point of contact for government, developmental partners and communities. Civil society actors in Zimbabwe can play an effective role in tracking the expenditure of local governments through partnering with communities and local authorities. This can be achieved through setting up of ad-hoc committees in charge of overseeing implementation, mechanisms used (could include information disclosure and transparency on a project budget, financing, contracting and procurement and implementation) by civil society. The established committees will report regularly to the local communities and to project staff. The public can take their views and opinions to the Parliamentary Portfolio Committee on Local Government through the elected representative members of the committee. The committee members are also expected to account to their constituencies for the debate and motions they move within the committee. Civil society can also advocate for mechanisms that guarantee representation of women and marginalised groups in local authorities’ elections, since its non-existent at the moment and increase voter 37

education. The need for awareness building and civic education remains central for effective participation in local governance by marginalised groups. These groups (women, youth, children, elderly and disabled) need to be made aware of their rights and responsibilities to demand, participate in, and monitor the delivery of services in their communities. They also need to be educated on the need for accountability of the elected and appointed officials to the governed, and their role in ensuring that elected officials are accountable to the public. Further citizens can make use of public interest litigation (PIL) and class action including administrative justice action, in cases where access to information or reasons is denied or not promptly given. 5.2 Supply Side The study recommends that local authorities should enhance the right of citizens to access information held by them as provided for in terms of the Constitution including budgets, council resolutions and by-laws. This can be achieved through strengthening the capacity of local government office bearers and elected officials in relation to their rights and responsibilities in terms of the Constitution and enabling legislation for an informed citizen engagement.127 The Constitution provides that all existing laws continue in force but must be construed in conformity with this Constitution.128 The proposed Act of Parliament through the harmonization of laws must clearly outline local, central government and shared competencies so that each tier can ultimately take accountability for its actions, objects and responsibilities. The study recommends that local governments Acts under review should clearly articulate new participatory processes by citizens and civil society (bottom-up approaches) in local government affairs on matters of policy and decision-making as articulated in the Constitution. 129 This study suggests that intergovernmental co-operation is best enhanced through a legislative framework that clearly articulates the powers of each tier of government and extent of co-operation. Further, should be a responsive enabling local government legislation that facilitates local government autonomy in decision making at local level. This will allow local government to come up with participatory approaches that can be employed to engage citizens and civil society in decision-making and democratic processes Local authorities must encourage public participation in decision and policy making130. Local authorities should promote participation and dialogue for enhanced local involvement, transparency and accountability in the conduct of its affairs and amongst the elected officials and office bearers. 131

S194 (1) (i) Constitution Part 4, s10 Constitution 129 S264 (2) (a) Constitution 130 s194 (1) (e) Constitution 131 S264 (2) (b) Constitution 127 128

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6. Conclusion

The study has made an attempt to demonstrate participatory processes and possible avenues available to facilitate civil society and citizen engagement in local government policy and decision making. The on-going aspires that local authorities and relevant stakeholders will endeavor to employ proposed participatory processes pertaining the needs and demands of local citizens in an accountable, transparent, inclusive, participatory, consultative and open manner. The study has revealed that the Constitution clearly guarantees citizen engagement in local government activities. It has illustrated constitutional participatory provisions inter alia elections, petitions, demonstrations, access to information and litigation. On the other hand, the study has portrayed that the enabling legislation regulating local authorities falls short of protecting and providing participatory mechanisms for civil society and citizenry. Instead research has shown that what are in existence are central government dominated local initiatives since the final power to approve local authorities policy and decision making lie with central government as opposed with the governed. Further, an effort was also made to assess and analyse the various participatory processes available for citizen and civic society participation, the power relations that influence the processes, form and content for citizen participation and the specific benefits that come as a result of effective citizen engagement at local level. Lastly the research concludes by recommending the need for legislative reform that puts citizen engagement at the centre of sustainable development for an improved and effective, accountable, participatory, responsive, transparent and inclusive local government.

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7.

Overview chart outlining processes and possible actors for public participation at national, provincial and local level

Sphere Government

of Possible Actor

Participatory Constitution

Processes

as

guaranteed

in

the

Minister of Government

1. Government

Local Peaceful demonstration to lobby responsible Minister, Sector ministers on identified public participation issues Portfolio Committee on Local government, Petitions to bring participatory concerns to the Public works and responsible minister and other relevant policy makers National Housing Demanding effective implementation of the Ministerial Sector ministries Directive for public consultation in the budget making Central process Parastatal heads Petitions to Portfolio Committee to bring citizens Educationists concerns Government Departments

Public hearings by Portfolio Committee on Local Government

District Administrator

Elections of public office holders

District Fund National Chiefs

Development Public consultations by Parliamentary Portfolio Committee on Local Government and other relevant Council Of governmental institutions

National Assembly

2.Provincial Government

Constituency report back meetings by Parliamentarians Lobbying for alignment of local governance legislation by Ministry of Justice and Legal Affairs

Provincial Councils

Monitoring and evaluating

Metropolitan Councils

Election and Voter Education

Provincial Assembly of External Audit Chiefs Media advertising and Campaigns Provincial Administrator 40

Committees Provincial Councils

of Consultative meetings Workshops and Conferences

Professional and non- Participatory Budgeting professional Associations- Lawyers, Participatory Council Meetings media, business Grass-root Participatory Structures

3. Local Government

Civic Society- advocacy Media Campaigns and Social networks and Cartoons groups, women’s organisations, human Demonstrations, Petitions and Objections rights groups Consultative Forums and Public Hearings Trade and Farmers Participatory Democracy (Local Elections and Unions Referendum) Traditional leadershipVoter Education chiefs, kraal heads Website and Networking Marginalised Groupsdisabled, elderly, youth Workshops, Conferences and Seminars and women. Participatory Monitoring and Evaluation Ward Development Litigation Committees Informal Traders- Mobilisation of stakeholders vendors and hawkers, Information Campaigns transport commuter operators Feedback External Audit

Public Comments

Private sector

Case studies

Political parties

Research and Analysis

41

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