UWCScholar :: Browsing by Author "Chigwata, Tinashe"

Browsing by Author "Chigwata, Tinashe"

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An analysis of the decentralisation framework provided for in the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development, 2014
(University of the Western Cape, 2016) Ziswa, Melissa Nyaradzo Sibongile; Chigwata, Tinashe; Steytler, Nico
In 2014, the African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (the African Charter on Decentralisation). The Charter is a first of its kind to provide a decentralisation framework for local government on the African continent. It seeks to use local government as a vehicle for improving the livelihoods of people on the African continent. Member States of the AU will only be bound by the African Charter on Decentralisation once they have ratified it. The actual impact of the Charter to improve the livelihood of people on the African continent is unknown. This research paper provides a critical analysis of the Charter in order to establish its potential. The analysis is undertaken against the background of the international literature on decentralisation and 'best' practices on local government.
An analysis of the decentralisation framework provided for in the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development, 2014
(University of the Western Cape, 2016) Ziswa, Melissa Nyaradzo Sibongile; Chigwata, Tinashe; Steytler, Nico
In 2014, the African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (the African Charter on Decentralisation). The Charter is a first of its kind to provide a decentralisation framework for local government on the African continent. It seeks to use local government as a vehicle for improving the livelihoods of people on the African continent. Member States of the AU will only be bound by the African Charter on Decentralisation once they have ratified it. The actual impact of the Charter to improve the livelihood of people on the African continent is unknown. This research paper provides a critical analysis of the Charter in order to establish its potential. The analysis is undertaken against the background of the international literature on decentralisation and 'best' practices on local government.
ANC proposals on local government
(Community Law Centre, University of the Western Cape, 2012) de Visser, Jaap; Chigwata, Tinashe
In the run up to the ANC Policy Conference in Mangaung, the party's Legislature and Governance Working Group has produced a policy discussion document that pays considerable attention to provincial and local government.
A critical analysis of decentralization in Zimbabwe: focus on the position and role of a Provincial Governor
(University of the Western Cape, 2010) Chigwata, Tinashe; de Visser, Jaap; School of Government; Faculty of Arts
Provincial governors constituted an important part of the decentralization package unveiled in Zimbabwe in 1984 and 1985. The President appoints provincial governors among other duties, to coordinate development planning and implementation at the provincial level. This paper seeks to examine the appointment and role of a provincial governor and in that way establish the extent to which such appointment and role hinder or enhance representative and participatory democracy, accountability, devolution and empowerment, as ideals of decentralization. This contribution examines provincial governance in Zimbabwe as part of the local government system.
Decentralisation in Zambia: An analysis of local democracy.
(University of the Western Cape, 2018) Kunda, Frank; Chigwata, Tinashe
Zambia has had a system of local government whose origin can be traced back to the colonial era. This system of local government, which is comprised by local authorities, did not have constitutional recognition. The 1996 Constitution of Zambia was the first to recognise the institution of local government. Nevertheless, the only aspect of local government which was entrenched was the provision that councils were to be democratically elected by universal adult suffrage. Other key principles of local democracy, such as citizen participation, local accountability and transparency, that are necessary pillars to an effective system of local government, were not recognised in this Constitution. It was not a surprise that most Zambians experienced challenges in accessing basic public and social services such as water supply, sanitation, housing and health care, which are a responsibility of local government. The absence of sufficient democratic content in the 1996 Constitution and in the enabling legislative and policy framework partly contributed to the ineffectiveness of local authorities.
Fact sheets on decentralisation in Africa
(UTS ePRESS, 2022) de Visser, Jaap; Chigwata, Tinashe
A growing number of African countries are considering or implementing reforms that include forms of decentralisation. At times, these reforms are underpinned by (recent) constitutional change, as in Mozambique (2018), Tunisia (2014), Zambia (2016), and Zimbabwe (2013), all of which amended their constitutions relatively recently, partly with the aim of strengthening decentralisation. In other cases, decentralisation reforms emanate from the adoption of a new national policy and changes to ordinary legislation, such as in Lesotho, which adopted a new decentralisation policy in 2014.
The idea of a new Zimbabwe post- Mugabe
(Palgrave Macmillan, 2020) Chigwata, Tinashe; Marumahoko, Sylvester
Zimbabwe has gone through deep political, economic and social challenges for close to three decades. Once known as the shining light of Africa, Zimbabwe is now often known for dominating international headlines for the wrong reasons. In November 2017, the country experienced a radical change to the constitutional and political order, which brought an end to former President Robert Mugabe’s 37-year reign. Emmerson Mnangagwa, who was once Mugabe’s right-hand man, assumed leadership of both the country and the ruling Zimbabwe African National Union–Patriotic Front (ZANU–PF). He was reelected in the July 2018 harmonised elections, although under disputed circumstances. The removal of Robert Mugabe has provided the country an opportunity to break from the past, and hopes have been raised for the birth of a new Zimbabwe. This chapter explores some of the measures that the administration post-Mugabe should implement to set the country on a new path. Thus, the purpose of this chapter is not to argue for a particular political formation or political leaders to govern. Rather, its objective is to explore whether the idea of a new Zimbabwe is possible and what it would take to realise this objective. Before discussing the prospects for this desired state of affairs, it is important to examine the current situation, which is explored in the first part of the chapter. A brief overview of the fall of Mugabe and rise of Mnangagwa is then provided to show how a leader who commanded respect beyond the shores of our continent could exit in such an undignified manner. The core section is dedicated to a discussion of the prospects for a new Zimbabwe, and concluding remarks end the chapter.
Land-use zoning schemes: Do they apply to land for which a mining right has been granted?
(Local Government Bulletin, 2012-06) Chigwata, Tinashe
Land-use zoning schemes, which are part of municipal planning, cannot be superseded by administrative decisions made by the national government. In fact, the national government or beneficiaries of administrative decisions made by the national government may not implement decisions decisions that conflict with the land-use zoning scheme without first seeking a use of departure or applying for rezoning from the municipality concerned. The granting of a mining right or licence, for example, does not mean that mining operations may automatically take place, regardless of whether or not land-use zoning scheme allows mining on that land.
Real or imagined local autonomy: Experiences from local government in Ethiopia, South Africa and Zimbabwe
(Koninklijke Brill NV, 2021) Chigwata, Tinashe; de Visser, Jaap;  Ayele, Zemelak
Centralized rule has been common in Africa, and almost all African countries implemented, constitutionally or otherwise, programs of centralization from the time they achieved independence from colonial rule. They did so with the declared purposes of modernization, achieving economic development and nation building (Godefroidt, Langer and Meuleman 2016). However, these lofty goals were not achieved; African countries remain characterized by underdevelopment, lack of democratic rule, corruption and ethnic-based conflicts. Many blame the centralized and extremely bureaucratized government and governance systems and decision-making processes for worsening, if not causing, these problems (Addisson 1998; Jackson 2002). In the past three or so decades, therefore, there has been a general move in Africa towards decentralization and reducing bureaucracy. This trend is part of a global movement, based on the recognition that central government was too big, inaccessible, remote and inefficient in terms of bringing about development and democratic rule (Sharma 2009).
Riot damage - who pays?
(Local Government Bulletin, 2011-11) Chigwata, Tinashe
Protest actions has become part of South Africa's political landscape. The extent to which it is increasingly marked by violence is cause of alarm. Assemblies, pickets, marches and demonstrations are essential features of a democratic society. However, unlawful behaviour when exercising political rights set out in section 17 of the Constitution not only causes damage to public and private property, but also infringes the rights of others. To combat this behaviour, the Regulation of Gatherings Act 205 of 1993 was passed, which criminalises unlawful actions when exercising political rights. The recent judgment of the Supreme Court of Appeal provides valuable lessons to labour organisations, protest organisers and municipalities on their role in the context of protest action. This article seeks to analyse the court's judgment.
South Africa: Surfing towards centralisation on the Covid-19 wave
(Routledge, 2021) Steytler, Nico; de Visser, Jaap; Chigwata, Tinashe
When the Covid-19 pandemic reached its shores between February and March 2020, South Africa was already in a vulnerable situation – socially, economically, and politically. Although the country’s population, estimated at 59.6 million in 2020, is two-thirds urban, thus facilitating the spread of the virus, its age cohorts mitigated against Covid-19’s devastating impact – 28.6 per cent of the population is below 15 years old, and only 9.1 per cent is 60 years and older. Nevertheless, other factors placed the country at heightened risk. More than half of the population is poor, and the unemployment rate stands at 42 per cent (Statistics South Africa 2020); in South Africa, one of the most unequal countries in the world, the poor and unemployed are predominantly black. In 2018, social grants were, after salaries, the second main source of income for 45.2 per cent of households, with about 13.1 per cent of households living in informal dwellings.
The decentralisation of powers and functions to local government under the 2016 Constitution of Zambia.
(University of the Western Cape, 2018) Mukapa, Tembo; Chigwata, Tinashe
At independence in 1964, the United National Independence Party (UNIP)-led government in Zambia was, among other things, confronted with the challenge of transforming an inherited dual, undemocratic, racist and exploitative system of local government. Local government was a creature of national legislation, and thus did not have direct constitutional authority. Between 1964 and 1995, the government adopted several reforms aimed at democratising and improving the efficiency, effectiveness and responsiveness of the system of local government. However, local government remained a creature of national legislation. In 1996, local government was for the first time recognised in the Constitution as a tier of government. Article 109 of the 1996 Constitution of Zambia required the establishment of a system of local government whose details were to be prescribed by an Act of Parliament. The provision further provided that such a system shall be based on democratically-elected councils. Thus, the 1996 Constitution transformed local government from being a mere creature of central government into a tier of government. While the institutional integrity of local government in Zambia was enhanced, service delivery by local authorities remained poor.
The utility of King IV Principles on Corporate Governance in improving the state of accountability in local government.
(University of the Western Cape, 2019) Beukes, Jennica Jasmine; Chigwata, Tinashe
Local government is often described as the cornerstone of democratic government and it is the level or sphere of government that is physically closest to the people.1 As a result, local government tends to have the most interaction with the citizens compared to other governments organised at higher levels. In many countries, local government renders essential public services that are needed for both human survival and economic development.2 These include the supply of water and electricity, refuse removal, the provision of sanitation and housing, the regulation of land use, and the provision of health services. In South Africa, the Constitution of the Republic of South Africa, 1996 (Constitution) does not only position local government at the centre of public service delivery, but also has broader developmental duties.
The utility of King IV Principles on Corporate Governance in improving the state of accountability in local government.
(University of the Western Cape, 2019) Beukes, Jennica Jasmine; Chigwata, Tinashe
Local government is often described as the cornerstone of democratic government and it is the level or sphere of government that is physically closest to the people.1 As a result, local government tends to have the most interaction with the citizens compared to other governments organised at higher levels. In many countries, local government renders essential public services that are needed for both human survival and economic development.2 These include the supply of water and electricity, refuse removal, the provision of sanitation and housing, the regulation of land use, and the provision of health services. In South Africa, the Constitution of the Republic of South Africa, 1996 (Constitution) does not only position local government at the centre of public service delivery, but also has broader developmental duties.

Browsing by Author "Chigwata, Tinashe"

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