President Emmerson Mnangagwa has appointed a commission of inquiry to investigate the City of Harare’s management and council since 2017.
The Commission is chaired by retired judge Maphios Cheda and includes opposition politician Lucia Matibenga, who was appointed Minister of Public Service by the late former Prime Minister Morgan Tsvangirai during the GNU era.
Mnangagwa appointed the Commission through Statutory Instrument 91 of 2024, also Proclamation 2 of 2024. It reads:
Commission of Inquiry into the Matter of Local Governance by Harare City Council since 2017
COMMISSIONby
HIS EXCELLENCY THE HONOURABLE EMMERSON DAMBUDZO MNANGAGWA, President of the Republic of Zimbabwe and Commander-in-Chief of the Defence Forces of Zimbabwe.
WHEREAS, in terms of section 2(1) of the Commissions of Inquiry Act [Chapter 10:07], it is provided that, the President may, when he considers it advisable, by proclamation, to inquire into any matter in which any inquiry would, in the opinion of the President, be for public welfare;
NOW, THEREFORE, under and by virtue of the powers and authority vested in the President as afore said, I do, by this proclamation-
(a) establish a Commission of Inquiry into matter of local governance by Harare City Council since 2017;
(b) appoint Retired Justice Maphios Cheda (Mr) to be Chairperson of the Commission;
(c) appoint the Permanent Secretary for Local Government and Public Works to be Secretary to the Commission;
(d) direct that the Inquiry shall be held for a period of six (6) months from the date of gazetting, with an option of an extension of a further three (3) months, at such appropriate venue as shall be determined by the Commission of Inquiry;
(e) direct that the Report shall be submitted to the President within three (3) months of completion of the Inquiry;
(f) direct that the Commission’s terms of reference shall be as follows-
(i) to investigate financial management systems and audit compliance with the Public Finance Management Act [Chapter 22:19] and other laws;
(ii) to investigate financial management of revenue generated through special vehicle companies and other outsourced arrangements;
(iii) to investigate reasons behind the failure to operate an Enterprise Resource Planning system for Harare City Council and quantify any losses accruing as a result;
(iv) to investigate and ascertain the procedures of management, sell or lease or transfer of the local authority’s properties to private entities;
(v) to probe and investigate convening of council meetings as well as adherence to the standing orders and rules in council meetings by Harare City Council;
(vi) to investigate compliance with procurement laws, inclusive of disposal of assets and compliance with the Public Procurement and Disposal of Public Assets Act [Chapter 22:23];
(vii) to conduct visitations where necessary, summon witnesses, record proceedings, minute testimonies, and documents, consider and manage all information gathered in order to arrive at appropriate findings and recommendations to the President;
(viii) to investigate any other matter which the Commission of Inquiry may deem appropriate and relevant to the inquiry;
(ix) to report to the President in writing, the result of the inquiry;
(g) direct that the Inquiry may be held both in public, or privately, as the exigencies of the Inquiry may determine; and
(h) appoint the Commissioners listed in the Schedule.
APPOINTMENT OF COMMISSIONERS TO THE COMMISSION OF INQUIRY
Retired Justice Maphios Cheda (Chairperson)
Steven Chakaipa
Norbert Phiri
Lucia Gladys Matibenga
Khonzani Ncube
Given under my hand and the Public Seal of Zimbabwe at Harare this twenty-second day of April, in the year of our Lord two thousand and twenty-four (2024).By Command of the President.
E. D. MNANGAGWA,
President.
