BY NOKUTHABA DLAMINI
Subheading:
Legal committee says several statutory instruments exceed legal powers, impose excessive fines and create room for arbitrary charges.
Story:
The Parliament of Zimbabwe has raised alarm over dozens of local authority by-laws, warning that many of them violate the Constitution and the laws under which they were created.
In an adverse report, the Parliamentary Legal Committee said several statutory instruments gazetted in October 2025 are ultra vires, meaning they exceed the legal powers granted under the Urban Councils Act and the Rural District Councils Act.
The by-laws affect a number of local authorities including Masvingo, Plumtree, Shurugwi, Chimanimani, Chivi and Insiza.
According to the committee, some of the regulations were improperly enacted because the minister responsible for local government made the by-laws directly instead of councils, which are legally mandated to draft them before submitting them for ministerial approval.
“The by-law making authority is the council, not the minister,” the report states, adding that the process set out in the law was not followed.
The committee also flagged excessive penalties in some statutory instruments. Under existing legislation, fines imposed through council by-laws should not exceed Level Five on the standard scale of fines — about US$200. However, some by-laws impose penalties ranging between US$500 and US$5,000, which lawmakers said violates the enabling legislation.
Another major concern is that several by-laws require residents to pay permit or licence fees without specifying the amounts, creating legal uncertainty.
Lawmakers warned that leaving such fees undefined could allow authorities to impose arbitrary charges, potentially opening the door to corruption and abuse of power.
The committee also highlighted constitutional concerns in some provisions, including those that allow councils to seize property or evict residents without court oversight, which may violate constitutional protections against arbitrary deprivation of property and unlawful eviction.
In its conclusion, the committee said the statutory instruments are inconsistent with both the Constitution and the Acts of Parliament that empower local authorities, recommending that the laws be reviewed and amended to comply with constitutional and legal requirements.