Urban Councils Act

Chapter 29:15

Urban Councils Act

Citation: Chapter 29:15
Date: 1 January 2018
Language: English
Type: Act

Zimbabwe

Urban Councils Act

Chapter 29:15

Commenced on 22 December 1995
[This is the version of this document at 1 January 2018.]
[Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe. This version is up-to-date as at 31st December 2016.]

[Acts 24/1995, 21/1997, 3/2000 (s. 39), 2/ 2001 (s. 4), 13/2002 (s. 142), 6/2005 (s.33), 1/2008, 3/2016 (Part CXVI), 8/2016, 5/2017 (s. 106)]AN ACT to provide for the establishment of municipalities and towns and the administration of municipalities and towns by local boards, municipal and town councils; to provide for the conferring of town and city status on growth points, municipalities and towns; to provide for the declaration of local government areas and the administration of local government areas by local boards; to confer functions and powers and impose duties upon municipal and town councils and local boards; to provide for the establishment of the Local Government Board and to provide for the functions thereof; and to provide for matters connected with or incidental to the foregoing.

Part I – Preliminary

1. Short title

This Act may be cited as the Urban Councils Act [Chapter 29:15].

2. Interpretation

(1)In this Act—“appointed councillor” means a councillor appointed in terms of section 4A(1)(b);[definition of “appointed councillor” inserted by section 5 of Act 2 of 2008][definition of “by-election” repealed by section 16 of Act 21 of 1997]“by-law” means any by-law made by a council in terms of this Act or which is continued in force by virtue of section three hundred and twenty-three;“chairperson” means the chairperson of a town council who has been elected in terms of section 103;[definition of “chairperson” substituted by section 5 of Act 1 of 2008]“chamber secretary” means the chamber secretary of a municipal council who has been appointed in terms of section one hundred and thirty-three;“combined private sewer” means a sewer, exclusive of soil pipes, waste pipes and vent pipes, for the purpose of conveying to a public sewer or a conserving tank or other receptacle the sewage from two or more private sewers and includes all other things necessary in connection therewith;“Commission” means the Zimbabwe Electoral Commission appointed in terms of section 61 of the Constitution;[definition of “Commission” inserted by section 5 of Act 1 of 2008]“committee” means a committee of a council;“conserving tank” means any covered tank without overflow which—

(a)is used for the reception and temporary retention of sewage; and

(b)requires emptying at intervals;

“consolidated revenue account” means the account into which all net surpluses and deficits from all accounts of the council, with the exception of all funds as defined in subsection (6) of section two hundred and eighty-six, the housing account referred to in section three hundred and one, the traditional beer account, the services levy account, the parking account and the capital account of the estates account, are transferred;“construction”, in relation to a building, includes the alteration, subdivision, conversion or reconstruction of, or the addition to, a building;“council” means a municipal council or town council; “council area”, in relation to—

(a)a municipality, means the municipal area;

(b)a town, means the town area;

“councillor” means a member of a council;[definition of “councillor” substituted by section 5 of Act 1 of 2008]“district administrator”, in relation to a council or proposed council, means—

(a)the district administrator within whose district the council area or proposed council area lies; or

(b)any person appointed by the district administrator referred to in paragraph (a) to exercise his or her functions in terms of this Act in relation to the council or proposed council;

[definition of “district administrator” inserted by section 5 of Act 1 of 2008]“elected councillor” means a councillor other than an appointed councillor, and includes a person elected or appointed as a mayor or deputy mayor in terms of section 103;[definition of “elected councillor” inserted by section 5 of Act 1 of 2008][definition of “election” repealed by section 16 of Act 21 of 1997][definition of “executive committee” repealed by section 4 of Act 1 of 2008]“finance committee” means a finance committee appointed in terms of subsection (2) of section ninety-six;[definition of “general election” repealed by section 16 of Act 21 of 1997]“growth point” means an area declared to be a growth point area in terms of the Income Tax Act [Chapter 23:06];“local authority” means a municipal council, town council, rural district council or local board;“local authority area” means—

(a)a council area; or

(b)the area for which a rural district council has been established; or

(c)the local government area for which a local board has been established;

“local board” means a local board which has been established or is deemed to have been established in terms of this Act;“local government area” means any area which has been declared or is deemed to have been declared in terms of this Act to be a local government area;“Local Government Board” means the Local Government Board established by section one hundred and sixteen;“mayor” means the mayor of a municipality who has been elected by the councillors of that municipality in terms of section 103;[definition of “mayor” substituted by section 5 of Act 1 of 2008]“Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to whom the President may, from time to time, assign the administration of this Act;“municipal area” means the area of a municipality as fixed in terms of this Act or the repealed Act; “municipal council” means a municipal council which has been established or is deemed to have been established in terms of this Act;“municipality” means a municipality which has been established or is deemed to have been established in terms of this Act;[definition of “nomination day” repealed by section 16 of Act 21 of 1997]“owner”, in relation to land means—

(a)the person in whose name the land is registered in a Deeds Registry; or

(b)a person who is a party to an agreement which, on the fulfilment by him of the conditions fixed in that agreement, entitles him to obtain transfer of the land; or

(c)a statutory authority or body to which the ownership of the land has been transferred by any Act; and, save in Part IV, includes—

(i)the trustee of an insolvent estate or the liquidator of a company being wound up which is so registered as the owner of the land; or

(ii)the representative recognized by law of a person so registered as the owner of the land who has died or is a minor or of unsound mind or otherwise under disability;

so long as that trustee, liquidator or legal representative is acting within the authority conferred upon him by law;

[definition of “polling day” repealed by section 16 of Act 21 of 1997]“private drain” means a conduit for the conveyance of storm-water or any surface, subsoil or spring water from one premises to a public drain;“private sewer” means a sewer, exclusive of waste pipes, soil pipes and vent pipes, for the purpose of conveying to a combined private sewer, a public sewer or a conserving tank or other receptacle the sewage from one premises and includes all other things necessary in connection therewith;“provincial administrator” means the provincial administrator appointed in terms of the Provincial Councils and Administration Act [Chapter 29:11] for the Bulawayo or Harare metropolitan province;[definition of “provincial administrator” inserted by section 5 of Act 1 of 2008]“public drain” means a conduit vested in or under the control of or used by a municipality or town for the conveyance or storm-water or any surface, subsoil or spring water and includes all other things necessary in connection therewith;“public sewer” means a sewer vested in or under the control of or used by a municipality or town into which is discharged or intended to be discharged the sewage from private sewers or combined private sewers and includes pipes, manholes, chambers, ventilating shafts, ejectors, sluices and all other things necessary in connection therewith;“public stream” bears the meaning assigned thereto in section 2 of the Water Act [Chapter 20:22];“rateable property”, subject to subsection (4), means property on which a rate may be levied in terms of Part XIX;“rate”, subject to subsection (4), means a rate levied in terms of this Act;“ratepayer”, subject to subsection (4), means an owner of rateable property who is liable in terms of this Act for the payment of any rate by virtue of such ownership;“Registrar-General” means the Registrar-General of Voters referred to in section 18 of the Electoral Act [Chapter 2:13] (No. 25 of 2004) or, in respect of any particular function vested in the Registrar-General, any person to whom he or she may have delegated that function in terms of subsection (3) of that section;[definition of “Registrar-General” substituted by section 5 of Act 1 of 2008]“repealed Act” means the Urban Councils Act [Chapter 214 of 1974];“returning officer”, in relation to—

(a)the first election of a council, means the person appointed by the Minister to be the returning officer for that purpose;

(b)an election not referred to in paragraph (a) or a ballot held in terms of section three hundred and eighteen, means the town clerk;

“road” means any road, street, highway, thoroughfare, sanitary or other lane, cycle track, footpath, sidewalk, alley, subway, passage, square, bridge or other place of a similar nature or any portion thereof, and includes all appurtenances thereto;“sanitary fitting” means any water closet, urinal, bidet, slopsink, bath, wash basin, sink, shower or other fitting of a like nature from which soil-water or waste water is disposed of into a soil pipe or waste pipe, as the case may be;“sewage” includes trade effluent;“sewage works” includes reservoirs, tanks, strainers, filter beds, ponds, engines, pumps, machinery, buildings, lands and all other works and things, except public sewers, which are necessary for the treatment and disposal of sewage;“special vacancy” means a special vacancy in terms of section seventy-eight;“standing order” means a standing order made in terms of section one hundred and two or the corresponding provision of the repealed Act;“storm-water” means all flow of water directly due to rainfall before such water joins a public stream;“town” means a town which has been established or is deemed to have been established in terms of this Act;“town area” means the area of a town as fixed in terms of this Act or the repealed Act;“town council” means a town council which has been established or is deemed to have been established in terms of this Act;“town planning scheme” means a master plan, local plan or scheme as defined in section 2 of the Regional, Town and Country Planning Act [Chapter 29:12], and “approved”, in relation to a town planning scheme, means such a master plan or local plan which is operative in terms of the Regional, Town and Country Planning Act [Chapter 29:12], or an approved scheme as defined in section 2 of that Act;“trade effluent” means any liquid, with or without particles of matter suspended therein, which is produced either wholly or in part or results from or has been or was intended to be used in any trade or business or commercial, manufacturing or industrial process;[definition of “voter” repealed by section 16 of Act 21 of 1997][definition of “voters’ roll” repealed by section 16 of Act 21 of 1997][definition of “voters’ roll board” repealed by section 16 of Act 21 of 1997]“ward” means a division of a council area which has been fixed in terms of section four or the corresponding provision of the repealed Act;“water main” includes any conduit, pipeline, valve, valve chamber, meter, meter chamber or house, brake pressure tank, scour pipe or scour chamber which—

(a)is vested in, under the control of and used by a municipality or town; and

(b)is used for the conveyance and control of water supplied by the municipality or town;

and includes all other things necessary in connection therewith.

(2)Any reference in this Act to—

(a)“deputy mayor” means—(i)in the case of a municipality or municipal council, the deputy mayor thereof;(ii)in the case of a town or town council, the deputy chairman thereof who has been elected in terms of section one hundred and three;

(b)“town clerk” means—(i)in the case of a municipality or municipal council, the town clerk appointed in terms of subsection (1) of section one hundred and thirty-two;(ii)in the case of a town or town council or a local board, the secretary of that council or local board, as the case may be, appointed in terms of subsection (3) of section one hundred and thirty-two;

(c)“the total membership of a council” means the number of members which in terms of this Act composes the council, other than appointed councillors.[paragraph substituted by section 5 of Act 1 of 2008]

(3)Where anything is required by this Act to be lodged, posted, open for inspection or otherwise done at the office of a council, such thing shall be lodged, posted, open for inspection or otherwise done at the offices of the town clerk or at such other office as may be notified by the town clerk by notice in a newspaper.

(4)Where any area has been included within a council area and the council has been authorized or required in terms of paragraph (g) of subsection (4) of section four the corresponding provision of the repealed Act to impose a levy in terms of the Rural District Councils Act [Chapter 29:13], in lieu of rates in respect of any property within that area, any reference in this Act to—

(a)“rateable property” shall be construed as including a reference to property in respect of which such levy may be imposed;

(b)“a rate” or “rate income” shall be construed as including a reference to such levy or the income therefrom, as the case may be;

(c)“a ratepayer” shall be construed as including a reference to a person who is liable for the payment of such levy.

(5)Where in this Act any notice is required to be given or published—

(a)in a newspaper, such notice shall be given or published in a newspaper circulating in the council area or other area concerned;

(b)in more than one issue of a newspaper, such notice shall be given or published in weekly consecutive issues of a newspaper circulating in the council area or other area concerned.

(6)Where in this Act any resolution is required to be passed or thing is required to be done or agreed by not less than two-thirds or one-third, as the case may be, of the total membership of a council or committee or of the members present at a meeting of a council or committee and the total membership of the council or committee or the number of members present at the meeting is not an integral multiple of three, such resolution or thing shall be deemed to have been duly passed, done or agreed, as the case may be, if it is passed, done or agreed by the affirmative votes of not less than two-thirds or one-third, as the case may be, of the number next above that of such total membership or of the members present, as the case may be, which is an integral multiple of three, and any other reference in this Act to a thing being done or agreed by, or at the request of, not less than one-third of the total membership of the council or committee or of the members present at a meeting of the council or a committee shall be construed accordingly.

3. Application of Act

This Act shall apply to—

(a)every city or city council which was established before the date of commencement of this Act or which is established in terms of this Act;

(b)every municipality, municipal council, town or town council which is established or is deemed to have been established in terms of this Act;

(c)every local government area which is declared or is deemed to have been declared in terms of this Act and every local board which has been established or is deemed to have been established in terms of this Act.

Part II – Establishment of municipalities, town councils, local government areas and local boards and matters incidental thereto

4. Provisions relating to establishment, alteration or abolition of municipalities, towns, councils and council areas

(1)Whenever the President considers it desirable he may, subject to this Act, by proclamation in the Gazette, after any local authority concerned has been consulted, establish a municipality or town and—

(a)shall establish a municipal council or a town council, as the case may be, therefor; and

(b)shall fix the area of the municipality or town; and

(c)shall assign a name to the municipality or town; and

(d)may, after consultation with the Commission, divide the council area into any number of wards.[paragraph substituted by section 6 of Act 1 of 2008]

(2)At any time after the establishment of a council the President may, subject to this Act, by proclamation in the Gazette and after consultation with the council and (in relation to the division or redivision of the council area into wards) the Commission—

(a)alter the name of the municipality or town;

(b)divide or redivide the council area into any number of wards, create one or more additional wards, alter or abolish one or more wards or abolish the division of the council area into wards;

(c)alter the boundaries of the council area by adding thereto and additionally, or alternatively, subtracting therefrom any area, determine any question arising therefrom and redefine the council area:[paragraph amended by section 17 of Act 21 of 1997]

(d)abolish the municipality, town or council.

[subsection amended by section 17 of Act 21 of 1997 and by section 6 of Act 1 of 2008]

(3)Where a municipality or town is abolished or the whole or any part of the area of a local authority is included in a council area or a separate council is established for that area, the President shall—

(a)make such transfer, disposal or apportionment of property, assets, rights and liabilities; and

(b)give such directions as to any matters or things, including the payment of money and the protection of the rights of employees;

as may be necessary or desirable to give effect to any proposals relating thereto which were set out in a notice published in terms of section eleven and may, in any other case, make any transfer, disposal or apportionment or give any direction that he considers to be necessary or desirable to ensure the proper dissolution of the municipality or town or to do justice between the council and the local authority, as the case may be.

(4)Where an area, hereinafter called the first-mentioned area, whether such area consists of the whole or part of a local authority area or otherwise, is being included within a council area or a separate council is being established for that area, the President may, by statutory instrument, exercise all or any of the following powers—

(a)direct that all or any of the by-laws, regulations, rules or orders existing in respect of the first-mentioned area shall remain in force within the whole or any part of such area as if they were by-laws made by the council under this Act;

(b)empower the Minister to authorize the council to suspend the operation of all or any of its by-laws within the whole or any part of the first-mentioned area;

(c)authorize the council to make such special by-laws as it considers advisable for the whole or any part of the first-mentioned area or any part of the first-mentioned area;

(d)declare that any existing valuation roll in respect of the whole or any part of the first-mentioned area which has been prepared in accordance with this Act or any other law shall be deemed a portion of the valuation roll of the council concerned as though it had been prepared in accordance with this Act;

(e)declare that any existing voters’ roll in respect of the whole or any part of the first-mentioned area which has been prepared in accordance with the Electoral Act [Chapter 2:13] (No. 25 of 2004) or any other law shall be deemed to be the voters’ roll of the council as though it had been prepared in accordance with the Electoral Act [Chapter 2:01];[paragraph amended by section 40 of Act 21 of 1997 and section 6 of Act 1 of 2008]

(e1)direct that an election shall take place, either in the first-mentioned area or in the whole council area, in such manner and within such period as the President may direct;[paragraph inserted by section 17 of Act 21 of 1997]

(f)authorize the council to waive the collection of any rates or to levy different rates or different reductions in rates in respect of different classes of property and properties of different values within the first-mentioned area as he may consider equitable and, for such purpose, he may fix the method by which each such different rate or reduction in rates shall be assessed from time to time;

(g)authorize the council in lieu of the collection of rates to levy within the first-mentioned area a levy in terms of such of the provisions of the Rural District Councils Act [Chapter 29:13], as he may direct to apply, whether or not such area prior to such inclusion was in the area of a rural district council, and for such purposes he may exercise all or any of the following powers—

(i)fix the amount of the unit of levy;

(ii)modify any or all of the provisions of the said Act in its application to such area;

(iii)declare that an additional unit or units of levy may be levied as aforesaid on improved land;

(iv)declare that such provisions of this Act as he may specify shall apply, mutatis mutandis, in relation to such levy as if it were a rate;

(h)declare the first-mentioned area to be a temporary ward or wards for the purpose of elections in terms of this Act, fix the number of councillors to be elected for such temporary ward or wards and define the period for which they are to hold office and authorize the holding of elections of such councillors;

(i)as to any matter or thing of any description whatsoever, whether or not it is of a similar nature to any matter or thing referred to in paragraphs (a) to (h), give such directions, including the application, non-application, suspension or modification wholly, partly, or subject to any variation or restriction of any provisions of this Act, other than this section, sections twenty-two, twenty-four, twenty-five, forty and forty-one (with the exception of paragraph (a) of subsection (1)), or any other law, as he may consider equitable and necessary for the proper administration of the first-mentioned area or for the proper merging of the first-mentioned area into the council area.

(5)The President may, by statutory instrument, at the request of a council at any time after the establishment of the council, exercise, mutatis mutandis, all or any of the powers referred to in subsection (4) as if any reference therein to the first-mentioned area included a reference to the whole or any part of the council area.

(6)Where the President has—

(a)in terms of subsection (3) transferred or apportioned any property or assets to a municipality or town, the ownership of such property or assets shall vest in that council with effect from such date as may be specified by the President and, in the case of immovable property, a Registrar of Deeds shall, at the request of that council, cause, free of charge, the name of that municipality or town to be substituted as the owner of the property concerned in the appropriate register in the Deeds Registry and on the deeds relating to that property;

(b)given any direction in terms of subsection (3), the person to whom that direction has been given shall forthwith comply with that direction.

(7)The necessary costs, charges and expenses which are incurred by a municipality or town under or as a result of or in connection with any declaration or direction issued by the President in terms of this section shall be paid and satisfied out of the funds of the municipality or town, as the case may be.

(8)Any municipality or town established in terms of subsection (1) shall be a body corporate with perpetual succession and shall be capable of suing and being sued and generally of doing, suffering and performing such acts and things as, by this Act and any other law affecting such municipality or town, it may do, suffer and perform.

4A. Membership of municipal and town councils

(1)Subject to this Act, every municipal and town council shall consist of—

(a)one elected councillor for each ward of the council area; and

(b)such number of appointed councillors representing special interests, not exceeding one-quarter of the number of elected councillors, as the Minister may fix in respect of the council by statutory instrument, and who shall hold office during the pleasure of the Minister.

(2)Appointed councillors shall participate in the business of the municipal or town council to which they are appointed and perform the same functions and be entitled to the same benefits in every respect as if they were elected councillors, except that they shall not have a vote at meetings of the municipal or town council concerned.[section inserted by section 7 of Act 1 of 2008]

5. Extended systems of local government

(1)Whenever he considers it desirable for the establishment of—

(a)a system of local government between several local authorities; or

(b)a system of local government involving the exercise of the functions of a council in relation to one or more areas outside the council area; or

(c)a system of local government involving features of both systems referred to paragraphs (a) and (b);

the President may, without derogation from the powers conferred upon him by any other provision of this Act and after any local authority concerned has been consulted, by proclamation in the Gazette—

(i)authorize or require a council to exercise any of the functions conferred or imposed upon it in terms of this Act in relation to—A. the area of another local authority to the exclusion of the exercise of those functions by the local authority concerned; orB. any area outside the area of a local authority;

(ii)make provision for the representation upon the council of the members of another local authority where the council has been authorized or required to exercise functions in relation to the area of the local authority concerned;

(iii)exercise, mutatis mutandis, all or any of the powers referred to in section four in relation to any of the local authorities forming part of any system of local government for which provision has been made in terms of this section;

(iv)give such directions as he may consider just and necessary or expedient to give effect to the establishment and operation of any system of local government for which provision has been made in terms of this section.

(2)The President may, at any time after the establishment of any system of local government referred to in subsection (1) and after any local authority concerned has been consulted, by proclamation in the Gazette, exercise, mutatis mutandis, all or any of the powers referred to in subsection (1).

6. Provisions relating to establishment, alteration or abolition of local government areas and local boards

(1)Whenever the President considers it desirable he may, subject to this Act, by proclamation in the Gazette, after any local authority concerned has been consulted, declare any area which is not within a local authority area to be a local government area and shall assign a name to that area.

(2)Where a local government area has been or is being declared, the President may, subject to this Act, by proclamation in the Gazette, after any local authority concerned has been consulted—

(a)establish a local board for that area and shall assign a name to that board;

(b)alter the name of the local government area or name of the local board;

(c)alter the boundaries of the local government area by adding thereto and additionally, or alternatively, subtracting therefrom any area, determine any question arising from the addition or subtraction of such area and redefine the local government area;

(d)abolish the local government area or the local board established for that area.

(3)The President shall not exercise any power referred to in paragraph (b), (c) or (d) of subsection (2) in relation to a local government area for which a local board has been established, except with the consent of that local board.

(4)Where a local board is being established for a local government area the Minister shall issue a warrant in which he—

(a)shall specify the number of members who shall constitute the local board;

(b)shall specify that some or all of the members of the local board shall be—

(i)appointed by the Minister and shall hold office at his pleasure; or

(ii)elected in accordance with such provisions as may be prescribed;[subparagraph amended by section 18 of Act 21 of 1997]

(c)[paragraph repealed by section 18 of Act 21 of 1997]

(d)may direct that the local board be deemed to be a council for the purposes of any of the provisions of this Act or the Electoral Act [Chapter 2:13] (No. 25 of 2004) and in such event the area for which it has been established shall be deemed to be a council area;[paragraph amended by section 18 of Act 21 of 1997 and section 8 of Act 1 of 2008]

(e)may confer or impose on that local board all or any of the powers, privileges, duties or responsibilities conferred or imposed on a council by or in terms of this Act and shall specify in the warrant, subject to such restrictions or modifications as he thinks fit, the provisions of this Act or regulations made thereunder which shall apply to that local board and that local government area for which it has been established;

(f)where a rate is to be levied, may specify that a rate, to be assessed on units of land or otherwise and payable in such manner as may be specified by the Minister, shall be levied on owners or occupiers or that different rates so assessed shall be levied on different classes of owners or occupiers.

(5)A local board established in terms of subsection (2) shall be a body corporate with perpetual succession and shall be capable of suing and being sued and generally of doing, suffering and performing such acts and things as, in terms of the warrant issued in terms of subsection (4), have been conferred upon that local board and, notwithstanding anything to the contrary contained in any other law, where any other law confers powers on the local board, such powers may only be exercised if the local board has been authorized by a warrant in terms of subsection (4) to exercise such powers.

(6)The Minister may, at any time after the establishment of a local board, alter the warrant relating thereto at the request or with the consent of the local board.

(7)Where in any Act functions are conferred or imposed on a town council, the Minister, after consultation with the appropriate Minister responsible for the administration of such Act, may, by statutory instrument, declare that a local board specified in such notice shall be regarded as a town council for the purposes of such Act and that such Act and any statutory instrument made thereunder shall accordingly apply, mutatis mutandis, in relation to that local board and the local government area concerned subject to such restrictions or modifications as may be specified in such notice.

(8)Where a local board includes appointed members, the Minister—

(a)may appoint a chairman and deputy chairman of that board; and

(b)shall give notice in the Gazette of the names of the members appointed by him and of the chairman and deputy chairman if appointed by him.

(9)Where any by-laws or regulations are in force in any area immediately before such area is included in or becomes a local government area in respect of which a local board has been or is being established, the by-laws or regulations shall be deemed to be by-laws made by the local board and shall continue in force, mutatis mutandis, until amended or repealed by the local board.

(10)Whenever a local board is abolished and the administration, control and management of the local government area concerned or any part thereof is not to be vested in any council, person or local authority, the Minister shall—

(a)give such directions as to the transfer or disposal of property, assets, rights and liabilities; and

(b)give such directions as to any other matters or things, including the payment of money and the protection of the rights of employees;

as may be necessary or desirable to give effect to any proposals relating thereto which were set out in a notice published in terms of section eleven and may, in any other case, give such other directions as he considers to be necessary or desirable to ensure the proper dissolution of the local board concerned.

(11)Where the Minister has, in terms of subsection (10)—

(a)directed the transfer of property or assets to a local authority, the ownership of such property and assets shall vest in the local authority with effect from such date as may be specified by the Minister and, in the case of immovable property, a Registrar of Deeds shall, at the request of the local authority, free of charge cause the name of the local authority to be substituted as the owner of the property concerned in the appropriate register in the Deeds Registry and on the deeds relating to that property;

(b)given any direction, the person to whom the direction has been given shall forthwith comply with that direction.

7. Provisions relating to vesting of administration of local government area in council or person

(1)The Minister may, after consultation with a council, by statutory instrument, vest in that council the administration, control and management of a local government area and any services provided by the State in that area, and any regulations in force in that area immediately before such vesting shall be deemed to be by-laws made by the council and shall continue in force, mutatis mutandis, until they are amended or repealed by the council.

(2)Where the Minister acts in terms of subsection (1) he may—

(a)give directions or impose conditions relating to the administration, control and management of the local government area concerned, including the provision of services therein;

(b)give directions or impose conditions providing for the vesting in the council concerned of property, assets, rights and liabilities connected with the local government area concerned;

(c)direct that all or any provisions of section ten shall, mutatis mutandis, apply;

(d)direct that any moneys payable by the council in connection with any property, asset, right or liability shall be regarded as a loan and that section two hundred and ninety shall not apply in relation thereto.

(3)The Minister may, after consultation with the person and any local authority concerned, by statutory instrument, vest the administration, control and management of a local government area and any services provided by the State in that area in any person, and any regulations or by-laws in force in that area immediately before such vesting shall be deemed to be regulations made by the Minister in terms of section two hundred and thirty-five and shall continue in force until amended or repealed by the Minister.

(4)The Minister may from time to time, in respect of any local government area the administration, control and management of which are vested in a person other than a council, after consultation with such person, give such directions or impose such conditions as he may think fit with regard to—

(a)the administration, control and management of such local government area, including the provision of services therein;

(b)the provision of stands in such local government area for home-ownership purposes;

(c)the conditions of tenancy to be applied to properties within such local government area.

8. Provisions relating to divesting of administration of local government area

(1)The Minister may, after consultation with any council or person concerned, by statutory instrument—

(a)divest that council or person of the administration, control and management of a local government area;

(b)vest the administration, control and management of the whole or part of a local government area referred to in paragraph (a) in any other council or person in terms of subsection (1) or (3) of section seven, as the case may be.

(2)Where the administration, control and management of the whole or part of a local government area, hereinafter called the first-mentioned area, is divested from a council, hereinafter called the existing council, and vested in another council or a separate local authority is established therefor or the first-mentioned area is included in the area of another local authority, hereinafter, in any such event, called the new authority—

(a)the Minister may—

(i)give directions or impose conditions relating to the administration, control and management of the first-mentioned area, including the provision of services therein;

(ii)give directions or impose conditions providing for the vesting in the new authority of property, assets, rights and liabilities connected with the first-mentioned area or providing for such apportionment of such property, assets, rights and liabilities, as may be necessary or desirable to do justice between the existing council and the new authority;

(iii)direct that all or any provisions of section ten shall apply, mutatis mutandis;

(iv)direct that any moneys payable by the new authority in connection with any property, asset, right or liability shall be regarded as a loan and that section two hundred and ninety shall not apply in relation thereto;

(v)direct and authorize the existing council to provide, at cost, to the new authority any service in respect of the first-mentioned area which the existing council was providing immediately before the divesting and any extension thereto which may be requested by the new authority;

(vi)direct and authorize the existing council to provide, at cost, the services of such of its own employees to the new authority as may be necessary for the proper administration, control and management of the first-mentioned area or for the proper operation of any service and any extension thereto directed to be provided in terms of subparagraph (v);

(b)any by-laws in force in the first-mentioned area immediately before the divesting shall be deemed to be by-laws made by the new authority and shall continue in force until amended or repealed by that new authority.

(3)Where the Minister has given any direction in terms of subparagraph (v) or (vi) of paragraph (a) of subsection (2)—

(a)the council to whom the direction has been given shall comply with such direction until requested by the new authority referred to in that subsection, with the approval of the Minister, to discontinue compliance therewith;

(b)if any dispute arises as to the determination of the relevant cost concerned, the Minister may give directions for the reference of such dispute for settlement to an impartial tribunal constituted by the Minister for the purpose.

(4)Where a request has been made in terms of paragraph (a) of subsection (3), the Minister may give directions relating to—

(a)such apportionment of property, assets, rights and liabilities as may be necessary to do justice in the circumstances;

(b)the protection of the rights of any employees concerned including the taking over of such employees;

(c)the constitution of an impartial tribunal for the settlement of any dispute that may arise relating to the payment of compensation to any employee concerned in respect of the termination of his services and any other dispute that may arise;

(d)generally as to any other matter or thing which the Minister considers necessary or desirable in the circumstances.

9. Promotion of local government

(1)A council, subject to this section, or the Minister after consultation with the council, may promote the establishment of local government in a local government area the administration, control and management of which has been vested in such council.

(2)In the promotion of local government in terms of subsection (1), the council or Minister, as the case may be, may—

(a)authorize any person to enter the area concerned in order to carry out such duties connected therewith as the council or the Minister, as the case may be, may direct, including, without derogation from the generality of the foregoing—

(i)stimulating, advising and assisting the community in the establishment of local government; and

(ii)making such inquiries and, subject to any other law, holding such meetings as may be necessary; and

(b)appoint a commission of residents within the area to make recommendations on such matters concerning local government in that area as the council or the Minister, as the case may be, may direct.

(3)Before a council takes any steps in the promotion of local government in terms of subsection (1) it shall submit to the Minister a scheme setting out its proposals in this connection and the Minister may approve the scheme subject to such variations or conditions as he thinks fit and—

(a)any such scheme may be amended from time to time with the approval of the Minister; and

(b)any directions given by a council in terms of paragraph (b) of subsection (2) shall be in accordance with the provisions of a scheme approved in terms of this section.

(4)The council or a person authorized in terms of subsection (2) shall submit a report to the Minister in respect of the work carried out in terms of this section and any recommendations relating to the establishment of local government within the area concerned and shall forward therewith any recommendations made by a commission, if any, appointed in terms of subsection (2).

(5)On receipt of a report submitted in terms of subsection (4), the Minister may give notice in terms of section eleven that it is intended to apply to the President for the establishment of a town council or local board, as he considers appropriate, for the area concerned.

(6)If a person authorized by the Minister in terms of subsection (2) requires any facilities to enable him to carry out his duties which the council fails or refuses to provide, the Minister may direct the council to provide such facilities and, if the council fails or refuses to comply with such direction within such time as the Minister may require—

(a)the Minister may, on behalf of the council, provide the facilities at the expense of the council;

(b)any expenditure incurred by the Minister in providing such facilities may be recovered by the Minister by proceedings in a competent court against the council, and the Minister’s certificate shall be prima facie evidence of the amount due by the council.

(7)Where the administration, control and management of a local government area has been vested in a person other than a local council, this section shall apply, mutatis mutandis, as if such person were a council.

10. Effect of incorporation of existing local authority in a council area

(1)If the whole of a town area, rural district council area or local government area for which a local board has been established is included within the council area of another council, the following provisions shall, in addition to any declaration, direction, authority or requirement made or given in terms of subsection (3) or (4) of section four, apply—

(a)all rates, taxes, levies and other charges, including surcharges, due or payable to, or recoverable by, the town council, rural district council or local board, as the case may be, shall be vested in and be recoverable by the council concerned;

(b)all works and undertakings authorized to be executed and all rights, liabilities and engagements existing by or against or in respect of the town council, rural district council or local board, as the case may be, shall be vested in and attached to and be enforced, carried on and prosecuted by, or against that council and no action, suit or proceeding shall abate or be discontinued or prejudicially affected by the inclusion of the said area within the council area;

(c)all creditors of the town council, rural district council or local board concerned shall have the same rights and remedies against the council concerned as it had against the town council, rural district council or local board, as the case may be, before the inclusion of the area;

(d)all property, movable or immovable, and all moneys of, or vested in, the town council, rural district council or local board concerned shall become the property of, or vest in, the municipality or town with effect from the date of the inclusion of the area;

(e)all resolutions, directions, licences, permits, registrations, acts and other things passed, given, issued, made, commenced or done by the town council, rural district council or local board, as the case may be, including any delegation of powers, shall be treated for the purposes of this Act as though they were resolutions, directions, licences, permits, registrations, acts or things passed, given, issued, made, commenced or done, as the case may be, by the council concerned;

(f)any financial accounts and records of the town council, rural district council or local board which have not been balanced and audited in terms of this Act or the Rural District Councils Act [Chapter 29:13] as the case may be, shall be balanced, audited or otherwise dealt with by the council concerned in terms of this Act as though they were the accounts and records of such council:Provided that where the town council, rural district council or local board had previously appointed an auditor to audit its accounts, the council concerned shall reappoint such auditor for the purposes of the final audit of those accounts if he is willing to accept such appointment.

(2)In the case of immovable property the ownership of which has vested in the municipality or town in terms of paragraph (d) of subsection (1), the Registrar of Deeds shall, at the request of the council, cause, free of charge, the name of that municipality or town to be substituted as the owner of the property concerned in an appropriate register in the Deeds Registry and on the deeds relating to that property.

11. Advertising of intention to exercise powers under section 4 or 6

(1)Before the exercise by the President of his powers in terms of subsection (1) or (2) of section four or subsection (1) or (2) of section six, the Minister shall publish notices in not less than three issues of a newspaper stating that—

(a)it is intended to recommend to the President that he exercise such powers and setting out the nature of the proposals and in particular to the extent applicable—

(i)the proposals in relation to the name of the council, local board or local government area concerned;

(ii)the proposed area or areas concerned;

(iii)the proposals in relation to the wards concerned;

(iv)the proposals in relation to the councillors involved;

(v)the proposed apportionment of any property, assets, rights and liabilities, including the proposed payment of any moneys and the protection of the rights of employees;

(vi)the nature of any powers proposed to be exercised in terms of subsection (4) of section four;

(b)any person who wishes to make representations concerning the proposal may lodge them with the Minister within such period as may be stated in the notice, being not less than thirty days from the date of the last publication of the notice.

(2)When any recommendation is submitted to the President concerning the exercise of any powers referred to in subsection (1) there shall be submitted to him, together with such recommendation, the substance and number of any representations which have been lodged with the Minister in terms of paragraph (b) of subsection (1).

(3)In the case of a proposal to establish a council for any area, to declare a local government area or to alter the boundaries of a council area or local government area the President may, after considering any representations made as a result of any notice given in terms of subsection (1), declare the council area or local government area or alter the boundaries, as the case may be, to a lesser extent than that indicated in that notice without further notice being given in terms of subsection (1).

(4)In the case of a proposal to alter the boundaries of any ward in a council area, the President may, after considering any representations made as a result of any notice given in terms of subsection (1), and taking into account the views of the Commission, alter the area of the ward to a lesser extent than that indicated in the notice without further notice being given in terms of subsection (1).[subsection amended by section 9 of Act 1 of 2008]

12. Date of coming into being of council and first election

(1)In any proclamation establishing a council in terms of section four the President shall fix a date for the coming into being of the council.

(2)[subsection repealed by section 19 of Act 21 of 1997]

(3)[subsection repealed by section 19 of Act 21 of 1997]

13. Succession from former local authority to newly-established local authority

(1)Where a town is abolished and a municipality is established in place thereof the municipality shall be the successor of the town and—

(a)section ten shall apply, mutatis mutandis; and

(b)section twelve shall not apply unless the President otherwise directs;[paragraph substituted by section 20 of Act 21 of 1997]

(c)sections 116 and 121(1) of the Electoral Act [Chapter 2:13] (No. 25 of 2004) shall not apply unless the President otherwise directs, in which case those sections shall apply to the extent directed by the President.[paragraph substituted by section 10 of Act 1 of 2008]

(2)Where a local board is abolished and a municipality or town is established in place thereof the municipality or town shall be the successor of the local board and—

(a)section ten shall apply, mutatis mutandis; and

(b)section twelve shall not apply unless the President otherwise directs;[paragraph substituted by section 20 of Act 21 of 1997]

14. Town and city status

(1)A growth point, unincorporated urban area, local board or council may apply to the Minister in the form and manner prescribed for a change of its status.

(2)Subject to subsections (3) to (6), the Minister shall consider any application made to him in terms of subsection (1) and, if he decides to grant the application, shall take the necessary steps under this Act to effect the change of status applied for.

(3)On receipt of an application in terms of subsection (1) in which a municipal council applies for city status, the Minister shall—

(a)appoint, at the expense of the municipality concerned, a commission consisting of such number of persons as the Minister may determine to consider the matter and make recommendations to him:Provided that no member of the commission shall be a councillor or employee of the municipality concerned;

(b)after the appointment of the commission, publish in the Gazette and in three issues of a newspaper of the appointment of the commission and calling upon any person who wishes to make representations to submit them to the commission before a date specified in that notice, being not less than thirty days after the date of the first publication of the notice in the newspaper.

(4)A commission appointed in terms of paragraph (a) of subsection (3) shall consider those matters set out in the First Schedule in addition to any other matters which it considers to be relevant and shall thereafter submit its report to the Minister, and any such report shall refer to the substance and number of any representations made to it as a result of the notice published in terms of paragraph (b) of subsection (3).

(5)The Minister shall, as soon as practicable after receiving the report of the commission, lay it before Parliament.

(6)If, in pursuance of a resolution of Parliament, an address is presented to the President requesting him to accord city status to the municipality specified in the address, the President may, by proclamation in the Gazette, declare that the status of the municipality concerned shall be altered to that of a city.

(7)Where a municipality has been declared in terms of subsection (6) to be a city—

(a)the title of the council concerned shall be altered to “city council” instead of “municipal council”;

(b)wherever in any law, enactment, deed, contract, agreement or other document reference is made to the municipal council or the municipality concerned, such reference shall be construed as a reference to the city council or city, as the case may be.

(8)Any reference in any law or enactment in force in Zimbabwe, whether enacted or made before or after the date of commencement of this Act, to a municipality or municipal council shall be construed as including a reference to a city or city council, as the case may be.

Part III – Provisions relating to the incorporation of rural district or town councils

15. Interpretation in Part III

In this Part—[definition of “enrolment date” repealed by section 21 of Act 21 of 1997]“incorporation” means the inclusion of a rural district council area or town area within a municipality in terms of paragraph (c) of subsection (2) of section four.[definition of “initial election” repealed by section 21 of Act 21 of 1997]

16. Application of Part III

(1)This Part shall apply where the whole of a rural district council area or town area has been or is about to be incorporated within a municipality, whether or not any other area is included or to be included within the municipality at the same time.

(2)Where there is any conflict or inconsistency between this Part and any other Part—

(a)this Part shall prevail; and

(b)such other Part shall be construed as though it had been modified accordingly.

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[section repealed by section 22 of Act 21 of 1997]

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[section repealed by section 22 of Act 21 of 1997]

19. Employment of staff of councils which are incorporated

Where prior to an incorporation the President has directed in terms of subsection (6) of section four that any employee of a rural district council or town council which, or a portion of which, is about to be incorporated shall be employed or offered employment by the municipality, notwithstanding the provisions of any agreement, award determination or regulations in force or binding in terms of the Labour Relations Act [Chapter 28:01], the municipality and any such employee shall not, in respect of such employment, be subject to such provisions until such employee has accepted or is deemed to have accepted an offer of employment made by the municipal council in a post or occupation which is covered by such agreement, award, determination or employment regulations and such employee has taken up such employment.

20. Special vacancies on town council or rural district council which is to be incorporated need not be filled

If, at any time after the publication of a notice in terms of section eleven that it is intended to apply to the President for the exercise of the powers conferred upon him by section four for the purpose of including a rural district council area or town area within a municipality in terms of paragraph (c) of subsection (2) of that section, a special vacancy occurs among the councillors of that rural district council or town council, the Minister may direct that, notwithstanding section 121 of the Electoral Act [Chapter 2:13] (No. 25 of 2004), that special vacancy shall not be filled.[section amended by section 40 of Act 21 of 1997 and section 11 of Act 1 of 2008]

21. Rates on supplementary valuations may be collected in respect of period prior to incorporation

Notwithstanding anything to the contrary contained in section two hundred and seventy-six, where any supplementary valuation is made or any valuation roll is amended by a municipal council after an incorporation in respect of property which was within the rural district council area or town area incorporated, the municipal council may cause the appropriate rates to be collected in terms of that section, notwithstanding that such rates are assessed with effect from a date prior to that on which the incorporation took effect.

Part IV – Voters and voters' rolls

[Part repealed by section 23 of Act 21 of 1997]

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[sections 22-37 repealed by section 23 of Act 21 of 1997]

Part V – Election of councillors and appointment of caretakers

38. Governance of council areas

Every council area shall be governed by a council.[section substituted by section 12 of Act 1 of 2008]

39. Composition of council and terms of office of councillors

(1)On the establishment of a council the Minister shall, by statutory instrument, determine—

(a)the number of councillors, being not less than six, which shall compose the council; and

(b)if the council area is divided into wards, the number of councillors to be returned for each ward, and in so doing he may—

(i)determine that only one councillor shall be returned for a ward;

(ii)fix different numbers of councillors for different wards.

(2)The Minister may—

(a)after the exercise of powers in terms of subsection (2) of section four and after consultation with the council concerned, exercise the powers conferred upon him by subsection (1) for the purpose of altering the number of councillors on the council or for a ward so as to give effect to any proposals relating thereto which were set out in a notice published in terms of section eleven;

(b)at any time after the establishment of a council, in circumstances not referred to in paragraph (a) and at the request of the council, exercise the powers conferred upon him by subsection (1) for the purpose of altering the number of councillors on the council or for a ward.

(3)In the event of—

(a)a council area being divided or redivided into wards or the boundaries of one or more wards being altered; or

(b)the number of wards in a council area being altered in circumstances not provided for in section seventy-nine; or

(c)the division of a council area into wards being abolished; or

(d)the number of councillors assigned to a council or ward being reduced;

the Minister shall determine which of the existing councillors shall represent each ward or remain in office, as the case may be, and shall determine any question arising in connection therewith and, without derogation from the generality of the foregoing, the Minister may for such purposes, notwithstanding anything to the contrary contained in this Act, curtail or extend the term of office of any or all of the councillors:Provided that the Minister shall not make a determination in terms of this subsection curtailing the terms of office of all councillors until—

(a)he has given notice of his intention in two issues of a newspaper inviting representations on such proposals; and

(b)a period of twenty-one days has elapsed since the first publication of the notice.

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[section repealed by section 24 of Act 21 of 1997]

41. Disqualifications of councillors

(1)[subsection repealed by section 25 of Act 21 of 1997]

(2)[subsection repealed by section 25 of Act 21 of 1997]

(3)[subsection repealed by section 25 of Act 21 of 1997]

(4)[subsection repealed by section 25 of Act 21 of 1997]

(5)[subsection repealed by section 25 of Act 21 of 1997]

(6)[subsection repealed by section 25 of Act 21 of 1997]

(7)A councillor who is convicted of an offence and sentenced to imprisonment for a period of six months or more shall forthwith cease to exercise his functions or to be entitled to any remuneration as a councillor and, subject to subsection (8), he shall cease to be a councillor at the expiry of thirty days from the date of such sentence.

(8)If, during the thirty-day period referred to in subsection (7), the councillor concerned applies for a free pardon or notes an appeal against the conviction and additionally, or alternatively, the sentence, the question whether he is to continue in office as a councillor shall not be determined until the abandonment or final disposal of the application or appeal, whereupon he shall forthwith cease to be a councillor unless—

(a)he is granted a free pardon; or

(b)his conviction is set aside; or

(c)his sentence is reduced to a term of imprisonment of less than six months; or

(d)a punishment other than imprisonment is substituted.

(9)For the purposes of subsections (7) and (8)—

(a)two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of such term;

(b)two or more terms of imprisonment that are required to be served concurrently shall be regarded as a single term of imprisonment for the period of the longest of such terms;

(c)a person shall be regarded as sentenced notwithstanding that the execution of the sentence or any part thereof has been suspended;

(d)no account shall be taken of any sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.

(10)[subsection repealed by section 25 of Act 21 of 1997]

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[section repealed by section 26 of Act 21 of 1997]

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[section repealed by section 26 of Act 21 of 1997]

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[section repealed by section 26 of Act 21 of 1997]

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[section repealed by section 26 of Act 21 of 1997]

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[section repealed by section 26 of Act 21 of 1997]

47. Assumption of office by councillor

(1)A person who is deemed to have been elected as a councillor at the close of the nomination court in terms of section 125 of the Electoral Act [Chapter 2:13] (No. 25 of 2004), or who is declared to have been elected in terms of section 126 of that Act following the withdrawal of a candidate, shall assume office—

(a)in the case of a first election of councillors, on the date on which the council comes into being;

(b)in the case of a by-election to fill a special vacancy on the council, at the time at which the Registrar-General posts a notice at his or her office in terms of section 125 of the Electoral Act [Chapter 2:13] (No. 25 of 2004), notifying his or her election or, as the case may be, declares him or her to have bean elected in terms of section 126 of that Act;

(c)in the case of a general election of councillors, on the day following polling day.

[subsection substituted by section 13 of Act 1 of 2008]

(2)Any person who is elected as a councillor as a result of a poll shall assume office—

(a)in the case of a first election, on the date of the coming into being of the council;

(b)in the case of any subsequent general election or by-election, on the day following polling day.

(3)Before undertaking any duty as such, a councillor shall take and subscribe before the town clerk of the council such oath of loyalty and office as may be prescribed.[subsection inserted by section 27 of Act 21 of 1997]

48. Assumption of office of mayor

(1)A person elected as mayor shall take office on the date on which he is declared or deemed to have been elected mayor:Provided that, if his predecessor’s term of office has not yet expired, he shall take office on the expiry of that term.

(2)Before undertaking any duty as such, a mayor shall take and subscribe before the town clerk such oath of loyalty and office as may be prescribed.[section substituted by section 28 of Act 21 of 1997]

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[section repealed by section 29 of Act 21 of 1997]

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[section repealed by section 29 of Act 21 of 1997]

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[section repealed by section 14 of Act 1 of 2008]

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[section repealed by section 14 of Act 1 of 2008]

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[section repealed by section 14 of Act 1 of 2008]

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[section repealed by section 14 of Act 1 of 2008]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 14 of Act 1 of 2008]

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[section repealed by section 14 of Act 1 of 2008]