Harare residents have confronted the Local Government Minister July Moyo over the constitutionality of his directives to City of Harare including his recent letter demanding that the municipality rescind its resolutions on Pomona Waste to Energy “Deal”.
In a letter to Moyo dated 18 July 2022, residents associations under the banner of Harare Metropolitan Residents Forum (HAMREF) said the minister’s directives smacked of personal interests and were in breach of the constitution.
“Section 276(1) gives local authorities the right to govern, on their own initiative, the local affairs of the people within the area for which it has been established and has all the powers necessary for it to do so.
“This right to govern is subjected first to the Constitution and secondly to any Act of Parliament.
“We find it prudent that we mention that the right to govern is subjected first to the Constitution and later to the Act of Parliament, not the other way round,” said HAMREF Chairperson Marvellous Khumalo.
The organisation further took Moyo to task over his disregarding of the a City of Harare Investigative committee into Pomona deal which they said is in line with the interests of residents.
“We also request you to clarify and explain how setting up an investigation Committee on the Pomona Deal by the City of Harare is “gratuitous and not in the interest of the inhabitants of Harare and the public at large” as you put it in you correspondence,” said Khumalo.
The residents also questioned the constitutionality of Moyo’s directives to City of Harare including one which compels them to pay Geogenix B.V service fees for garbage delivered at Pomona dumpsite.
“Your continued issuance of directives whilst you are slow to give effect to devolution-enabling legislation is tantamount to self-help where provisions of the law are weaponized to effect interests divorced from the public and common good of citizens,” further noted Khumalo.
Minister July Moyo on 7 July issued a directive for Harare to rescind its resolutions made on 2 June 2022 in which the City Council appointed a Special Committee in the terms of Section 100 of the Urban Councils Act, to investigate Pomona Waste to Energy Project.
The City of Harare also suspended its contract with Geogenix B.V.