Section 278: Tenure of seats of members of local authorities

Constitution of Zimbabwe

(1) The seat of a mayor, chairperson or councillor of a local authority becomes vacant in the circumstances set out in section 129, as if he or she were a Member of Parliament, any reference to the Speaker or President of the Senate in section 129(1) (k) being construed as a reference to the Minister responsible for local government.

(2) An Act of Parliament must provide for the establishment of an independent tribunal to exercise the function of removing from office mayors, chairpersons and councillors, but any such removal must only be on the grounds of—

(a) inability to perform the functions of their office due to mental or physical incapacity;

(b) gross incompetence;

(d) conviction of an offence involving dishonesty, corruption or abuse of office; or

(e) wilful violation of the law, including a local authority by-law.

(3) A mayor, chairperson or councillor of a local authority does not vacate his or her seat except in accordance with this section.

AI Insights

This section establishes clear rules for when local officials can be removed from office, requiring an independent tribunal rather than allowing political interference. It ensures that mayors, chairpersons, and councillors can only be dismissed for specific serious reasons (like incapacity or misconduct), providing important job security and preventing arbitrary removals that might undermine local governance. The reference to section 129 aligns local government vacancy rules with those for Members of Parliament, creating consistency in governance standards across different levels of government.