STATUTES REQUIRING CONSTITUTIONAL ALIGNMENT __________________________________________________________________________________ • The Minister must approve amendments to the University’s statutes and must approve ordinances made by the Council. The government’s control over the University is near-absolute. 67. Unlawful Organisations Act [Chapter 11:13] Section 3 of this Act empowers the President to issue a proclamation declaring any organisation to be unlawful if it appears to him that its activities, or the activities of any of its members, are likely to endanger, disturb or interfere with defence, public safety or public order. A proclamation cannot be questioned in a court, but must be confirmed by a resolution of Parliament within 21 days. Clearly the section infringes freedom of association (section 58 of the Constitution) and the right of access to the courts (section 69(3)). 68. Urban Councils Act [Chapter 29:15]* Like the Rural District Councils Act, this Act must be amended to align the Act with the Constitution and give councils the autonomy to which they are entitled. • Section 4 of the Act must be amended to require the Zimbabwe Electoral Commission to be consulted whenever the President establishes or abolishes a council or alters its boundaries, and to confer on the Commission rather than the President the function of fixing and altering ward boundaries. Under section 160 of the Constitution it is ZEC’s responsibility to fix electoral boundaries. Furthermore, there is inadequate provision in the Act for consultation of the inhabitants of the areas concerned. • Section 4A of the Act gives the Minister power to appoint councillors. Sections 265(2) and 274(2) of the Constitution requires all councillors to be elected by voters. • Section 5 of the Act should be amended to require the President to get the consent of the councils involved before he combines councils in extended systems of local government. As it stands the section infringes councils’ constitutional autonomy. • Section 7 of the Act gives the Minister power to vest the administration of a local government area in a person (e.g. a company like Hwange Colliery). This deprives the inhabitants of the local government area of their right to vote for their councillors as envisaged by sections 265 and 274 of the Constitution. • Section 78(2) of the Act sets out various grounds on which a councillor’s seat becomes vacant; they are contrary to section 278 of the Constitution, which lays down very limited grounds on which councillors can be removed from office. • Section 80 of the Act allows the Minister to appoint caretakers to act in place of a council where, inter alia, all the councillors have been suspended. The Minister’s power of suspension under the Act is unconstitutional. The appointment of caretakers by the Minister also contradicts the constitutional provision that councils should be responsible for the management of their own affairs. • Sections 114 and 114A of the Act deal with suspension and removal of councillors and mayors. Despite recent amendments they remain unconstitutional. 22