LOCAL legal think-tank Veritas yesterday criticised the draft Provincial and Metropolitan Councils Administration Bill, saying it contains several legal gaps which militate against the principle of devolution of power.
VENERANDA LANGA SENIOR PARLIAMENTARY REPORTER
The draft Bill, which is yet to be presented before Parliament, was prepared by the Ministry of Local Government, Urban and Rural Development for realignment with the provisions of the new Constitution which created Provincial and Metropolitan Councils.
Veritas, the publishers of Bill Watch, said the Councils Administration Bill failed to stipulate how metropolitan councils would raise money for their operations, as well as their powers to craft laws and regulations, and how their activities were going to be separated from those of local authorities.
“The Bill gives councils no independent power to raise money, whether through rates or taxes or other means, and they will not, for example, be able to engage in ‘income-generating projects’ which local authorities can do by virtue of Section 221 of the Urban Councils Act,” Veritas said.
“Although Section 270 (1) (f) of the Constitution provides for councils being given legislative powers by Act of Parliament, the Bill makes no provision for councils to have law-making power; so they will not be able to make by-laws or regulations or other legally enforceable rules regulating, for example, the conservation or management of natural resources.”
On funding of the Provincial or Metropolitan Councils, Veritas said grants from government would be the councils’ only source of revenue.
“There is nothing to indicate how Provincial and Metropolitan Councils will interact with the central government and local authorities within their provinces. Some provision for that is necessary because the functions of councils and local authorities overlap to some extent.
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“For example, Provincial and Metropolitan Councils are responsible for conserving and improving natural resources while urban councils also have those responsibilities — and the Bill should state whose rules or measures will prevail in the event of a conflict.
“The President has now appointed Ministers of State for each Province, and the Bill does not indicate how the councils are to interact with these ministers and who has overall authority for the governmental activities in the province.”
