By Correspondent
Harare Mayor Jacob Mafume has come under fire for failing to discharge some of his duties which has led to the continuation of criminal activities at Council.
Meanwhile he has also been accused of getting allowances beyond those stipulated for his position.
However, defending himself, Mafume said he was only a ceremonial Mayor who lacks the power of an Executive Mayor.
Below we reproduce part of the Urban Councils Act which deals with the role of the Mayor or Chairpersons.
For the full document download from the link at the end.
Functions of The Mayor
Functions of mayor, deputy mayor, chairperson and deputy chairperson
- The Mayor shall preside at all meetings of the council at which he or she is present.
In the event of an equality of votes on any matter before the council, he or she shall, subject to sections 103(7) and 290(2)(a), have, in addition to a deliberative vote, a casting vote.
- Whenever the office of Mayor or Chairperson is vacant or the Mayor or chairperson is absent or incapacitated or fails to act, the deputy mayor or deputy chairperson, as the case may be, shall perform the functions of the mayor or chairperson in terms of this Act or any other law or any resolution of the council.
- Save as otherwise provided in section 103(7), whenever the offices of both the mayor or deputy chairperson and the deputy mayor or deputy chairperson are vacant or both the mayor or deputy chairperson and the deputy mayor or deputy chairperson are absent or incapacitated or fail to act, their functions in terms of this Act or any other law or any resolution of the council shall be exercised by a councillor appointed by the council for the purpose or, failing such appointment, by a councillor appointed by the Minister, and such councillor shall while performing his or her duties, be designated—
(a) in the case of a municipal council, the acting mayor;
(b) in the case of a town council, the acting chairperson.
- For the purposes of this section, a certificate under the hand of the town clerk as to the existence of a vacancy in the office, or the absence or incapacity of the mayor, chairperson, deputy mayor or deputy chairperson or the failure of the mayor, chairperson or deputy mayor or deputy chairperson to act shall be prima facie evidence of that fact.
Allowances For Mayors
105 Allowances for mayor, deputy mayor, chairperson and deputy chairperson
- Subject to subsection (2)—
(a) a municipal council shall pay to the mayor and deputy mayor; and
(b) a town council shall pay to the chairperson and deputy chairperson;
an allowance at a monthly rate fixed by the council, not exceeding such rate as may be prescribed, to cover the general and personal expenses incidental to the office of mayor, deputy mayor, chairperson or deputy chairperson, as the case may be.
- Where the deputy mayor or deputy chairperson, or a councillor, is required in terms of section 104(2) to perform the functions of the mayor, or chairperson for a period exceeding fourteen days, he or she shall be paid an allowance fixed by the council for the period he or she so performs such duties:
Provided that no allowance payable to the deputy mayor in terms of subsection (1) shall be paid to him or her in terms of subsection (1) in respect of any period for which he or she is paid an allowance in terms of this subsection.
Providing Services
108 Mayor and councillors may not provide professional services for or against council
(1) Subject to this section, no mayor or councillor shall act for reward—
(a) as a legal practitioner on behalf of or against the council or on behalf on any person who has been charged with having contravened any by-laws of the council; or
(b) for the council as a medical practitioner, veterinary surgeon, architect, engineer, surveyor, accountant, auditor, estate agent, auctioneer, valuer or appraiser or in any other professional capacity;
Any mayor or councillor or partner, employer or employee of such mayor or employee who contravenes this subsection shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
