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24 U. Botswana L.J. 27 (2017)
The Myth of Devolution in Zimbabwe: The Reality Post - May 2013

handle is hein.journals/unbotslj24 and id is 25 raw text is: 27 The Myth of Devolution in Zimbabwe: The Reality Post - May 2013 Mkhululi Nyathi* and Matshobana Ncube** ABSTRACT The 2013 Constitution of Zimbabwe provides for a devolved system of government, comprising national, provincial/ metropolitan and local governments. On the face of it, this is a departure from the Independence Constitution which did not provide for devolution of power This paper, however, seeks to demonstrate that there is in fact no marked difference between the currentframework and the pre-2013 constitutional dispensation. Weak and unsatisfactory legal and constitutional provisions on governance at national, provincial and local government levels, combined with the anti- devolution stance of the current ZANU-PF government, have conspired to make devolution of power nothing but a mirage. It is contended that a truly devolved system of governance in Zimbabwe may be realized through constitutional amendments establishing realistic sub-national tiers of governments that are democratically legitimate and have clear law making and implementation powers of their own. 1. INTRODUCTION After three post-independence attempts at wholesale constitutional reform, Zimbabwe was finally able to adopt a new constitution after the May 2013 referendum. One of the results of the 2013 constitutional referendum was the adoption of a 'devolved' framework of government. However, devolution in Zimbabwe is more a matter of appearance than reality. Those that fought hard for a devolved system of government now face the sad reality that their fight was all but in vain.' For all intents and purposes, the pre May 2013 centralised system of government remains in place with slight cosmetic changes. In addition to the challenge of a thin constitutional basis for * LLB (UZ), LLM (WITS), LLD (UP), Pretoria, South Africa, mkhululi.nvathi(amail.com ** LLB (UZ), LLM (MSU). 1 Empirical evidence gathered during the public consultative phase of the constitution making process indicates that seven out of ten provinces were in favour of devolution. See the National Statistical Report, Version 2, presented at the Second All Stakeholders Conference in October 2012 in Harare; pp.268-276.

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