Africa-Press – Eswatini. His Majesty King Mswati III has called for quick action in decentralising government services.
This he said in response to submissions by emaSwati that the strength of the Tinkhundla System of Government is decentralisation. Decentralisation refers to the systematic effort to delegate to the lowest levels all authority, except that which can only be exercised at central points. The Eswatini Government states that decentralisation is a process that was commissioned by the King and entrenched in the country’s Constitution as the basis of the country’s system of government. Section 218 (2) of the Constitution reads: “The primary objective of the Tinkhundla-based system of government is to bring government closer to the people so that the people at sub-national or local community level progressively take control of their own affairs and govern themselves”.
subsidiary function
The Ministry of Tinkhundla Administration and Development states that decentralisation allows the central government to have a subsidiary function, while allowing services and functions that can best be delivered at local level to be performed at those lower levels. It has been defined as a global agenda which has been effectively used as a political power sharing and people empowerment tool to enhance the participation of all the people in a country in both political and socio-economic development processes and activities. The purpose of the programme is to facilitate local governance, local development and the decentralisation of government services from the national government to sub-national levels. It is said that decentralisation promotes transparency and increases public accountability; voice and participation in the development of public policies and monitoring of the quality of public services.
During the People’s Parliament, emaSwati did not understand what was stopping government from adopting the principle of the country’s political system, which is decentralisation.
The King urged all government structures to look into the decentralisation policy to ensure the Tinkhundla System of Government responded to the needs of emaSwati. The Times SUNDAY has seen the Decentralisation Bill, 2022, which was at a draft stage. The objects of the Bill are to provide for:
* The governance, administration and development of regions and Tinkhundla;
* Decentralisation by devolution, delegation and de-concentrating functions, responsibilities, services or resources vested in government under any law to other local levels of governance in particular provide for decentralisation by devolution or delegation of functions, responsibilities, services or resources vested in central government to local authorities;
* The establishment and classification of local authorities;
* Responsibilities of regional councils and Tinkhundla authority areas;
* Financial sustainability of Tinkhundla authorities.
It is mentioned in the Bill that the minister shall, by notice published in the Gazette cause to be decentralised a function, responsibility, service and resources assigned to that line ministry to a regional or inkhundla authority or other agency.
According to proposed legislation, decentralisation shall ensure that appropriate measures for provision of human, financial, technical and materials are made available for the performance of the functions. The central government in Mbabane shall support the exercise of decentralised functions and responsibilities in a manner that gives due recognition to the autonomy of the authority. The central government shall coordinate and monitor the performance of an authority for compliance with its laws, policies, standards and guidelines. Government is expected to develop policy and regulatory frameworks to ensure adherence by the authority in the area of its jurisdiction in the proper execution and implementation of its programmes.
It is said that government shall provide technical support or assistance to an authority where necessary for the development of specific sectors in that authority. It shall also facilitate and assist where necessary in the implementation of decisions and resolutions of an authority, which affect the development of respective sectors of the authority. Government shall recognise and enhance the role of the authority in the provision of services and supervision of development activities within the respective area of the authority.
decentralised function
It shall provide or facilitate the provision of sufficient financial, technical and institutional support to an authority for the execution of the decentralised function. The decentralisation of a function or responsibility, service and resource from the central government to an authority shall take effect within a period of five years after the passing of the law. It shall not decentralise a function or responsibility, service and resource that has been considered by the minister to be an exclusive competency of the central government. According to the proposed law, where the minister has reasonable grounds to believe that an authority is unable to exercise the decentralised function, he or she shall:
* Establish an enquiry to assess the situation in terms of the Commission of Enquiries Act, 1963;
* Assign another authority to perform the function or provide the services pending the finalisation of the enquiry.
It must be said that the primary duty of the Inkhundla Local Authority shall be to ensure the efficient governance, management and development of the area under its jurisdiction. When decentralisation has taken full shape, an inkhundla shall maintain and protect life, public property, improve working and living conditions, promote the social and cultural life of the people and to raise the civic consciousness, preserve law and order. Depending on its level of development, an Inkhundla Authority shall determine, plan, initiate and execute policies, taking into account national development plans.
An Inkhundla Authority shall organise and promote popular participation and cooperation in respect of economic, cultural and social life of the area under in its control. This shall be done in consultation with traditional authorities. It is stated in the proposed law that an Inkhundla Local Authority shall set up structures and systems for the adjudication of minor local disputes and the enforcement of bye-laws. It shall also do the following:
* Control, manage and administer the authority;
* Maintain and clean all public streets, roads, paths and open spaces;
* Abate all public nuisances;
* Safeguard public health, and provide sanitary services for the removal and disposal of night soil, rubbish, carcasses of dead animals and all kinds of refuse;
* Establish or take over and maintain any public utility service required for the welfare, comfort or convenience of the public;
* Develop, control and manage any land vested in or owned by the authority;
* Generally promote the public health, welfare and convenience and the development, sanitation and amenities of the authority;
* Facilitate infrastructure construction and maintenance, including roads, bridges, dams, water, power generation, distribution and storage.
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