Garwe usurped powers of local authorities as 24 by-laws withdrawn

In a major blow to the Ministry of Local Government, 24 statutory instruments had to be withdrawn after Parliament’s legal experts found the Minister, Daniel Garwe, had been illegally making by-laws that should have been made by urban and rural district councils themselves. The by-laws, which affected councils including Masvingo City and Murewa Rural District Council, were thrown out after the Parliamentary Legal Committee (PLC) issued an Adverse Report finding that the Minister had “usurped” the powers of local authorities. In Statutory Instrument Number 40 of 2026, the Minister was forced to withdraw all 24 by-laws after Parliament rejected them.

However, what angered the MPs even more is despite, having informed the Minister that his actions were illegal, he went ahead and published new Statutory Instruments (SIs) that did exactly the same, trying to take over powers that belong to local councils. Presenting the findings to Parliament recently, Tafadzwa Mugwadi, speaking on behalf of PLC Chairperson, Jonathan Samukange, explained why the by-laws had to be thrown out. The Committee had met on 29 January 2025 to look at a long list of statutory instruments, which included by-laws from the City of Masvingo on cycle licences, environmental and natural resources, public health and control of livestock.

There were also by-laws from Murewa Rural District Council on community halls, control of livestock, even hairdressers, beauticians and barber shops. “The Committee unanimously resolved that an Adverse Report be issued regarding the above-mentioned Statutory Instruments,” Mugwadi said, who stated the Minister had no authority to make these by-laws in the first place. “The Parliamentary Legal Committee identified that the Hon.

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Minister usurped the by-law-making powers of the urban councils.” Mugwadi took MPs through the Urban Councils Act to show how by-laws are supposed to be made. “Section 228 (1) of the Act reads as follows: ‘Subject to this Section and Section 229 and of any other law, a council may make bylaws for all or any of the matters referred to in Section 227 and may at any time thereafter, amend or repeal any bylaws so made,’” he quoted. Mugwadi cited the law is clear in that councils make by-laws and then submit them to the Minister for approval, he does not make them himself.

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