6. Devolution of powers
State governance in Zimbabwe is overly centralized and this has led to the marginalization of certain
provinces. During the outreach meetings, there were numerous calls for devolution of power as a means
of ensuring that governance is brought closer to the people and all provinces receive a fair and equal
share of support for development initiatives. Devolution of power refers to the transference of
executive, legislative and related powers and responsibilities from the central sphere of government of
one sovereign state to the other tiers/spheres of government that exist at a subnational level, such as a
province or local. Devolution of power is one of the modern mechanisms used to bring government
closer to the people and allow people to actively participate in governance processes including policy
formulation and evaluation. Mavedzenge, J (2011) in a paper titled “Fundamentals of an effective
devolution of power model” and published by the Daily News of Zimbabwe, lists the following as
prerequisites for a constitutionally and democratically sound devolution of power model:
Devolution of power must be recognized as part of the nation’s founding values and principles.
Government must be constituted by spheres/tiers of government. Usually, they are three tiers
namely the national sphere, the provincial sphere and the local sphere.
The spheres of government must be clearly defined as distinctive, interdependent, interrelated
and cooperative of each other.
There must be devolution of substantive legislative and executive powers to the provinces and
local spheres.
There must be clear principles that regulate intergovernmental relations. Amongst other things,
this will guarantee the functional and geographical integrity of each sphere.
There must be clear demarcation of the functional areas of concurrent and exclusive legislative
competence.
The constitution must set out clear procedure and grounds on which the national parliament
may intervene to legislate on functional areas of exclusive provincial legislative competence.
The constitution must also set out a criteria of resolving conflicts between national and
provincial legislation as well as those conflicts that involve municipality by laws.
The constitution must also provide for adequate access to resources by all the spheres of
government.
To avoid marginalization of any population group, there must be constitutional provisions that
require gender balance as well as representation of minority groups such as the disabled in all
spheres of government.
The table below evaluates how far the COPAC draft constitution captures the above mentioned tenets of
a strong and effective devolution of power model;
Tenet
Where it is captured in the Remarks
COPAC draft
Devolution of power must be Section 3 (1) (L) declares that Recognition of devolution of
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