
Zimbabwe's local authorities are set to receive sweeping new law enforcement powers after Cabinet approved the Municipal Police and Courts Bill, legislation that will allow councils to establish municipal police services with arrest powers and create dedicated municipal courts to prosecute by-law offenders.
The proposed law marks one of the biggest reforms to local government enforcement since the adoption of Zimbabwe's devolution framework, giving municipalities greater authority to police their jurisdictions, manage traffic, investigate by-law violations and prosecute minor offences without relying solely on the Zimbabwe Republic Police.
The Bill, presented to Cabinet by the Chairman of the Cabinet Committee on Legislation and Minister of Justice, Legal and Parliamentary Affairs, Ziyambi Ziyambi, was approved during Tuesday's Cabinet meeting.
Announcing the decision, Information, Publicity and Broadcasting Services Minister Jenfan Muswere said the legislation seeks to strengthen local authorities' capacity to enforce their own regulations.
"In line with the Urban Councils Act [Chapter 29:15] and the Rural District Councils Act [Chapter 29:13], Local Authorities are empowered to formulate and enforce regulation of matters falling within their jurisdiction," Cabinet said.
It added that "in order to promote good governance, efficient service delivery and access to justice, local authorities require coordinated structures and strengthened municipal enforcement of by-laws to address issues of non-compliance, including apprehension of offenders of by-laws, investigation and prosecution of such offenses."
The Bill will establish dedicated municipal police services whose responsibilities will extend beyond issuing tickets or monitoring council regulations.
According to Cabinet, the legislation "strengthens the legal framework for municipalities to establish and maintain dedicated and professional police services focused on community safety, by-law enforcement, traffic management, and local crime prevention."
A key feature of the Bill is the creation of municipal courts, which will hear cases arising from council by-laws, traffic offences and other minor municipal violations.
Cabinet said "the Bill provides for the creation of municipal courts; definition of the courts' jurisdiction, including over municipal by-laws, minor offenses, traffic violations; and the appointment of municipal magistrates, among other matters prescribed by the law."
The reforms have been welcomed by local authorities that have long argued that their enforcement officers lack sufficient legal authority to deal with offenders.
The City of Bulawayo, one of the councils that has consistently lobbied for stronger enforcement powers, said "Municipal police are soon to have arresting powers following Cabinet's approval for establishment of the Municipal Police and Courts Bill."
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The city added that "Local Authorities including the City of Bulawayo have been lobbying the Central Government to empower Municipal Police with arresting powers to assist in the enforcement By-Laws."
If enacted, the legislation is expected to strengthen councils' ability to tackle illegal vending, unregulated transport operators, illegal dumping, environmental offences, unauthorised developments, traffic violations and other breaches of municipal by-laws that have become increasingly difficult to enforce under the current legal framework.
Supporters argue that dedicated municipal courts could also reduce delays in prosecuting by-law offences, improve compliance with council regulations and reduce pressure on the mainstream court system by allowing specialised magistrates to deal exclusively with municipal matters.
However, the proposed legislation is also likely to attract scrutiny over the extent of the new policing powers and the safeguards that will govern their use.
Zimbabwe's local authorities have, over the years, been dogged by repeated allegations of corruption involving some municipal police and council enforcement officers. Reports of officers allegedly soliciting bribes from informal traders, commuter omnibus operators, motorists, businesses and property developers in exchange for overlooking by-law violations have periodically surfaced in various municipalities, raising concerns about accountability within local government enforcement structures.
The expansion of municipal police powers to include arrests, investigations and prosecutions could therefore create new opportunities for abuse if strong oversight mechanisms are not built into the legislation.
Governance experts are likely to examine whether the Bill provides adequate safeguards, including independent complaints mechanisms, disciplinary procedures, operational guidelines and clear limits on municipal police powers.
Questions are also expected over how the new municipal police services will coordinate with the Zimbabwe Republic Police to avoid overlapping responsibilities and jurisdictional conflicts.
While supporters see the reforms as necessary to improve urban management and service delivery, critics are likely to argue that stronger enforcement powers must be matched by stronger accountability.
Without effective oversight, there are concerns that the same discretionary authority intended to improve compliance could expose residents, traders and motorists to greater risks of corruption and selective enforcement.
Cabinet maintains that the objective is to strengthen local governance in line with Zimbabwe's constitutional devolution agenda.
"Accordingly, local governance structures will be enhanced in line with the constitutional Devolution principles and improved public safety and environmental management outcomes," the post-Cabinet statement said.
The Bill will now proceed to Parliament for debate and possible enactment.
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