It argues that it has created complexity, duplication, overlap and friction and that district municipalities have become separate local governments that compete with, instead of support, local municipalities. 

It suggests single tier local government as a desirable end state. Instead of the current three municipal categories (metropolitan, district and local), it envisages a broader menu of constitutional categories. Each category will be a single tier municipality with a specific set of functions, drawn from the current constitutional functions (i.e. Schedules 4B and 5B of the Constitution) and national and provincial functions. The decision on what category will apply to a particular municipality will be made by an independent organ of state on the basis of objective criteria, determined by law. Because the Constitution insists on two tiers, and because the Constitution itself allocates powers directly to municipalities, this proposal cannot be implemented without a constitutional amendment.

The Draft White Paper also proposes an alternative or interim solution, which is to leave the two-tier system in place but expand the definition of Category A municipalities. This allows for the establishment of more ‘stand-alone’ municipalities that are not metropolitan, but would nevertheless not be part of a district. Where the two-tier system remains, the Draft White Paper aims to focus the district council towards supporting and coordinating local municipalities. It thus proposes to remove the directly elected district councillors, so that the district council comprises representatives of the local municipalities only. Furthermore, it proposes that decisions to shift powers between district and local municipalities must be made by one national body, in terms of a single government-wide framework with objective criteria, and based on independently sourced data.

The Draft White Paper is correct in pointing out the problems with the two-tier system and the need to revisit this. The DOI has consistently pointed out these problems. However, moving to a single tier would affect different parts of the country differently. The role of district municipalities is muted in many parts of the country. But in other parts, they are essential for service delivery. A single tier system across the board may short change communities in those areas. In any event, the proposal to move towards a single tier system would be a long term project, involving a constitutional amendment, a new legislative framework for the configuration of local government, and the redrawing of many boundaries. 

The second proposal, to create more ‘standalone’ municipalities, is not new: a version of it was proposed by the Dullah Omar Institute (then: Community Law Centre) in 2008. It is less radical than the first proposal, and would not require a constitutional amendment. However, creating more standalone municipalities will fundamentally affect the configuration of the local government system. In some cases, the removal of one or two local municipalities from the district will render the district municipality unviable. For example, what would happen to the Dr Kenneth Kaunda District Municipality if both the City of Matlosana Local Municipality and the JB Marks Local Municipality are changed into Category A municipalities, leaving only Maquassi Hills Local Municipality in the district? In such instances, new district boundaries would have to be drawn. 

The review of the system of shifting powers between district and local municipalities is overdue. The current system (in Chapter 5 of the Municipal Structures Act) provides for the Minister to authorise local municipalities to perform the district functions of water, electricity, waste and health. It also provides for the MEC to make adjustments with respect to other functions. Finally, it provides for the MEC to make temporary adjustments in the case of imminent service delivery failure. This system is fragmented, not transparent, and there are no objective criteria to guide the decision makers. The removal of directly elected district councillors is also supported because it will help in focusing district municipalities on the interests of the local municipalities in the district. It is important to retain the manner in which local delegations to the district council are composed, i.e. representing the entire local council and not just the majority. However, it is also important to ensure that the local council sends senior office-bearers to the district. It should be investigated whether the law can prescribe that the (executive) mayor is part of the delegation to the district, much like premiers are automatically included in provincial delegations to the National Council of Provinces.

All in all, the Draft White Paper makes thoughtful suggestions to improve the two-tier system, which deserve to be carefully considered.

By Tinashe C Chigwata