DEVOLUTION OF POWER: Democracy or Juristocracy?
1. Introduction On 11 January 2023, the High Court of Zimbabwe struck down section 314 of the Urban Councils Act. Justice Munangati-Manongwa ruled that the Minister of Local Government’s power to reverse local authority decisions is constitutionally invalid. Even though the court order has no force or effect unless confirmed by the Constitutional Court, it will spark spirited discussions regarding state structure and the proper allocation of powers between the centre and the periphery. According to the ruling, the Constitution grants residents the power to manager their own affairs. Thus, popular power cannot be subjected to a ministerial veto. It is not clear whether this laudable theory of direct democracy is supported by the constitutional text. 2. Devolution Devolution is a discretionary grant of power by a sovereign entity to regional or sub-regional units. It is exercised in unitary states where centrality of power is constitutionally guaranteed. A devo...