By Correspondent
Harare City Council has torched off a storm with allegations that it has been operating with two Town Clerks.
Harare Mayor Jacob Mafume also chucked out Town Clerk Hosiah Chisango as he still has a pending criminal case
Below we reproduce what the law says about the functions of the TC to see how the situation may be playing out
Urban Councils’ Act (Chapter 29.15), Section 136 (Functions of town clerk)
(1) The town clerk shall be responsible for— (a) the proper administration of the council; and (b) managing the operations and property of the council; and
(c) supervising and controlling the activities of the employees of the council in the course of their employment.
(2) For The Purposes Of Subsection
(1), the town clerk, in addition to any other duties that may be assigned to him by the council, shall—
(a) direct, supervise, appraise, develop and report on the work and conduct of all council employees and take appropriate measures to ensure efficiency, and discipline among all council employees; and
(b) where so authorised by the council, sign orders, notices, or any document requiring authentication, or execution on behalf of the council; and [Paragraph substituted by section 25 of Act 1 of 2008.]
(c) recommend to the council the measures necessary to safeguard the finances and assets of the council; and [Paragraph substituted by section 25 of Act 1 of 2008.]
(d) take such steps as he or she considers to be necessary for the purpose of giving effect to any resolution of the council: and [Paragraph substituted by section 25 of Act 1 of 2008.]
(e) account to the council for the performance of any tasks entrusted through him or her to the employees of the council; and [Paragraph substituted by section 25 of Act 1 of 2008.]
(f) make such recommendations to the council or any committee of the council as he or she considers to be necessary or desirable to effect economies, improve co-ordination and, generally, to improve the operations of the council or committee concerned; and [Paragraph substituted by section 25 of Act 1 of 2008.]
(g) introduce, implement and monitor adequate control systems; and
(h) be responsible for the effectiveness and efficiency of the organization of the council and the coordination and, where necessary, the integration of its activities.
Consultative Duties
For such purposes, he may, after consultation with the head of the department concerned, inspect, inquire into and investigate the working and administration of any department or section thereof, either by himself or through any person authorized by him:
Provided that— (i) (ii) (iii) nothing in this subsection shall be deemed to derogate from the personal responsibility of a head of department for the proper, efficient and effective management of his department; where a head of a department disagrees with any directive of the town clerk,
He shall carry out such directive, and record any reservations he may have, in writing, and lodge them with the town clerk and the mayor;
Where a head of department lodges his reservation in terms of proviso
(ii), the town clerk shall lodge his reply, in writing with the mayor.
[Subsection amended by section 25 of Act 1 of 2008.]
(3) The town clerk may delegate to any other employee of the council any functions conferred or imposed upon him in terms of this Act, and such employee shall exercise the powers or carry out the duties in accordance with such directions as the town clerk may give him.
