Zanu PF Zimbabwe: Devolution Non-Implementation Undermines 2013 Constitution

• Zimbabwe's 2013 Constitution enshrined devolution and decentralisation, aiming to address historical uneven development and establish provincial councils.
• Chapter 14 of the Constitution mandated eight provincial councils and two metropolitan provinces, with specific membership, development responsibilities, and a 5% budget allocation.
• Despite these constitutional provisions, the Zanu PF government, under both Mugabe and Mnangagwa, has failed to enact necessary laws, preventing the establishment of any provincial councils for thirteen years.
• Zanu PF historically resisted devolution during the constitution-making process, viewing it as a threat to its centralised control, leading to the current state of non-implementation.

Thirteen years have passed since the constitution's adoption, yet no provincial councils have been established, and no devolution provincial governments have been set up as envisioned.

Zimbabwe's 2013 national constitution marked a significant shift by enshrining the principle of devolution and decentralisation as a foundational element. This constitutional commitment aimed to address a long-standing issue of uneven and unequal development, a legacy of the nation's dual-enclave economy. This economic structure, a colonial creation, fostered a stark divide between a relatively developed urban white sector and a vast, underdeveloped black population. The post-independence state, rather than dismantling this disparity, inadvertently deepened and consolidated it, leading to widespread disequilibrium driven by political instability, tribalism, capture, and corruption.

The historical context of this imbalance is deeply rooted, exemplified by events like Gukurahundi. Following the break-up of the Patriotic Front into Zanu and ZAPU, the Zanu-led government initiated what was described as a physical genocide in the South, targeting areas perceived to support ZAPU. This period not only inflicted immense human suffering but also served as a systematic tool for underdevelopment and deindustrialisation. Bulawayo, once the industrial capital with a robust manufacturing base, saw its economic foundations decimated, leading to the isolation and exclusion of its citizens, who were made to feel like "fourth-class citizens."

This sense of marginalisation extends across rural Zimbabwe, from Dotito to Chiyendambuya, Chiwara to Nembudziya, and Gweluchena to Filabusi, where communities remain trapped in poverty and fragmentation. For these deprived populations, devolution represented a vital instrument to counter the pervasive control imposed by decades of Zanu PF's governance.

During the 2009-2013 constitution-making process, devolution emerged as the most popular and universally supported constitutional theme. The resulting 2013 Constitution, specifically in Chapter 14, meticulously outlined the framework for decentralised governance. It mandated the establishment of eight provincial councils, alongside dedicated metropolitan provinces for Harare and Bulawayo.

These provincial councils were designed to include all Members of Parliament, senators, and councillors from their respective provinces. Additionally, ten further members were to be indirectly elected, their selection based on the proportional performance of political parties in the parliamentary election within that province. The primary mandate of these provincial councils was to oversee the development agenda and trajectory within their specific regions. To finance these crucial development initiatives, the Constitution stipulated that five percent of the national budget would be allocated, with this amount to be distributed equitably among the provinces through a formula defined in an Act of Parliament. This comprehensive legal framework was intended to empower local governance structures and ensure a more balanced distribution of resources and development opportunities across Zimbabwe.

Despite the clear constitutional provisions, the Zanu PF government has deliberately failed to enact the necessary legislation required to actualise devolution, as stipulated by Chapters 14 and 17 of the 2013 Constitution. Thirteen years have passed since the constitution's adoption, yet no provincial councils have been established, and no devolution provincial governments have been set up as envisioned. This persistent inaction, under both the Mugabe and Mnangagwa administrations, has effectively "killed" the devolution agenda through cynical non-implementation.

Zanu PF's resistance to decentralisation is not new; the party vehemently opposed devolution during the 2010-2013 constitution-making process itself. A notable incident occurred on February 18, 2013, when MDC negotiators walked out of the dialogue after Zanu began to renege on the devolution clauses. It took the direct intervention of then-President Mugabe and Prime Minister Tsvangirai to reinstate devolution and salvage the constitutional talks. This historical context reveals that Zanu PF has consistently viewed devolution as an imposition, perceiving it as a direct threat to its absolute hegemony and centralised control over the nation's governance and resources.

The deliberate non-implementation of Chapter 14 of the 2013 Constitution has left Zimbabwe's promise of decentralisation unfulfilled, perpetuating a highly centralised system of governance. The absence of established provincial councils means that the envisioned local development agendas remain largely theoretical, and the constitutional provision for five percent of the national budget to be equitably distributed for provincial development has never been realised. This ongoing centralisation undermines the constitutional principle designed to address historical inequalities and foster balanced growth across the country.

The failure to establish these devolved structures means that the mechanisms intended to empower local communities and provide them with a voice in their own development remain dormant. Instead of fostering regional autonomy and equitable resource allocation, the current situation reinforces the very patterns of control and uneven development that the 2013 Constitution sought to rectify. This continued adherence to a centralised model, despite constitutional mandates, highlights a significant gap between the foundational legal principles of the state and its practical governance, leaving the nation's regions vulnerable to the same historical issues of marginalisation and underdevelopment that devolution was meant to combat.

Lawyers advising on local governance, resource allocation, or development projects in Zimbabwe must recognize that the constitutional provisions for provincial councils and devolution (Chapter 14) remain unimplemented, necessitating engagement with central government structures rather than the envisioned devolved authorities. This non-implementation creates a legal vacuum and potential for future constitutional challenges regarding the state's adherence to its foundational principles.

Source: Original reporting via independent Zimbabwean media