Chronicle EditorTineyi Mukwewa
DEVOLUTION is the process by which the central government of a country statutorily grants certain powers to sub-national parliaments or assemblies at a regional, local, or state level.
This is a form of decentralisation. Pro-devolution proponents argue that better results are achieved when decisions are made at as local a level as possible. Devolved territories have the power to make legislation relevant to the area.
A devolved system of government has the potential to transform the socio-economic status of communities and has the ability to integrate previously marginalised communities into the economy, encourage efficiency and enhancement of popular participation in decision making.
It has been shown that strong local government leads to improved governance and economic development the main reason being that local leaders are best placed to appreciate and be responsive to local problems. Since leaders are from the community, they are thus sensitive and accountable to their kinsman and giving a stronger voice by the people on key priority areas such as health care, water, electricity and education.
Devolved power gives the inhabitants of the region that hold it a stronger sense of identity and they feel more empowered as a group thus take a greater interest in economic and social policy, which leads to increased participation in the political process. Decisions about policy and spending are taken at a more local level under a devolved government. Devolution proponents say that this means that those making decisions will have a clearer understanding of the culture of the region and how their actions will affect the community. The issues affecting one part of a region or country might be very different from those of another, so a central policy might not work as well in one area as another.
Devolution of power is synonymous with equitable distribution of national resources between the provinces. Although establishing a devolved power is an expensive business, spending decisions taken at a local level are said to create efficiency savings, as a closer eye can be kept on how money is being spent.
Policy makers have a better idea of where extra funding is needed if they’re closer to the ground.
Devolution of power encourages multiplicity and diversity of political power and it makes it impossible for any single party to have control of all the power centres of the state and substitute itself for legitimate government. Too much should not be made of these advantages. Devolution does not necessarily lead to good governance, for example. Experience has shown that local politicians and officials can be just as corrupt and incompetent as national ones, and just as difficult to get rid of. In order to improve the quality of government, devolution must be accompanied by measures to increase transparency and accountability – to strengthen democracy, in fact.
It does not always have a positive impact on development – either for individual regions or for the country as a whole. Its impact on economic and social development is not guaranteed. It depends on a number of factors. For example, if local governments are given the power to utilise the revenue from their own resources and there are major variations in resources from one region to another, devolution is likely to benefit the rich regions but not the poor, and thus to increase regional inequalities.
Similarly, if regional or local governments lack the technical and management skills and/or integrity necessary to exercise their powers responsibly, devolution may have a negative impact on development.
This does not mean that politicians should not advocate devolution. Experience in Zimbabwe and elsewhere has shown that, if properly designed and supported, it can bring major developmental benefits. However, they should be aware of the conditions needed to make it a success and avoid raising false expectations.
Drawing experience from South Africa
The Constitution of South Africa provides that the Republic shall be one sovereign, democratic state founded on among other values, a universal adult suffrage, a national voters’ roll, regular elections and a multi-party system of democratic government to ensure accountability, responsiveness and openness.
From these values one can see that the intention is to create a single, yet accountable, responsive and open system of government. Chapter 3 of the South African Constitution provides for a co-operative government. The government is constituted as national, provincial and local spheres of government which are distinctive, interdependent and inter related. All spheres of government must observe and adhere to the principles set out in Chapter 3 of the Constitution and conduct their activities within the parameters set out therein.
South Africa is divided into nine provinces; their boundaries are those that existed when the constitution took effect. The legislative authority of the province is vested in its legislature, which is vested with the power to pass and amend a constitution for its province.
It can pass legislation in any matter within a functional area assigned to it by the constitution or by national legislation. The members of the legislature are elected in terms of a system prescribed by national legislation and based on the province’ segment of the voters roll. The premier is elected by the members of the provincial legislature from among themselves.
Provincial intervention in local government is set out in the constitution. The system and parametres for a provincial constitution are detailed and such a constitution has to be certified by the constitutional court to ensure that it is properly passed by at least a two thirds majority and that it does not conflict with the constitution of the republic.
The local sphere of government consists of municipalities, which must be established throughout the whole country. The executive and legislative authority of a municipality is vested in its municipal council. A municipality has the right to govern on its own initiative, the local government affairs of its community, subject to national and provincial legislation provided for in the constitution.
What is important to highlight here is that there is oversight on the municipalities by the national and provincial spheres of government. However, that is true only as far as the constitution will allow. In South Africa the constitution makes it clear that the national or provincial government may not compromise or impede a municipality’s ability or rights to exercise its powers or perform its functions, as long as these are done in terms of the constitution. The Zimbabwean scenario on the other hand is designed to do precisely the opposite.
The objectives of local government are to provide democratic and accountable government for local authorities and ensure the provision of services to communities in a sustainable manner while promoting economic development and a healthy environment. A municipality has to encourage the involvement of communities and community organisations in matters of local government.
The constitution emphasises the fact that the municipality is part of a co-operative government and the other spheres of government must support and strengthen them to manage their own affairs. Before a draft national and provincial piece of legislation is passed it has to be published for public comment in a way that allows municipalities and other interested persons to make representations. Organised local government is recognised by the constitution and an Act of Parliament must make provision for them.
The municipalities are very independent and still receive support from other spheres of government without being rendered ineffective and subordinate. The late renowned economist, Dr Eric Bloc, had a few positive words to say about the South African model: “Zimbabwe’s next door neighbour, South Africa, has substantially effected devolution, with positive economic and other benefits, and without it in any manner being nationally divisive.
The head offices of the governmental ministries are in Pretoria, but parliament is conducted in Cape Town. The majority of the ministries operate offices in Johannesburg, Durban, Cape Town and Bloemfontein, the personnel therein having fairly extensive determinative powers within the framework of prescribed national policies.
In like manner, most of the banks, insurance companies and pension funds have their offices and top management in Johannesburg, but have substantive offices in other centres, with the branch managers having relatively substantial authority. If devolution works in South Africa, and in many other countries, it should surely similarly work in Zimbabwe.”
Recommendations
Local government law reforms need to provide for devolution and to guide reconciliation of institutional arrangements or definition of the form of a devolution governance system. Such legal clarity is bound to authenticate government commitment and allow easier implementation of devolution.
Again, law reform in this case is not seen as the complete panacea, but as a safety valve of sorts that guarantees movement in a desired direction. There is need for the legislature to align all legal instruments to reflect the Constitutional will.
-Sponsored by Zimbabwe Christian Alliance; Contact: [email protected]/029 231213.
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