Rédaction Africa Links 24 with Serah Makondesa Chilora
Published on 2024-03-23 04:57:50
The proposed Local Government Amendment Bill in Malawi is causing concern among governance institutions and experts, as it seeks to concentrate powers on the minister responsible while emasculating District Commissioners and other local government authorities. This bill, which is under preparation for presentation in Parliament, is seen as a sharp reversal of the decentralization policy that Malawi has been working towards.
One of the key provisions of the bill is the removal of the mandate of the Local Government Services Commission in handling disciplinary processes related to District Commissioners (DCs) and Chief Executive Officers (CEOs) of councils. Instead, these powers would be transferred to the minister. This move has been criticized by various stakeholders, with the Malawi Government Association (Malga) Executive Director, Hadrod Mkandawire, describing it as undermining decentralization.
Mkandawire pointed out that vesting all powers, including disciplinary processes, in a politically appointed position such as the minister is retrogressive and goes against the principles of decentralization. Additionally, the amendment of Section 14 of the Principal Act to establish Area Development Committees (ADCs) in each ward has faced criticism for organizing local government structures under traditional structures, which may not be suitable for urban councils.
During consultations on the bill, Malga recommended that each council should be able to employ its own staff, including DCs and CEOs, with technical support from the Local Government Services Commission. They also suggested the establishment of ward development committees instead of ADCs in the Act. The proposed provision in question was also criticized for undermining section 147 (4) of the Constitution, which mandates that all local government service functions and powers should be provided to the Local Government Service Commission.
While Minister of Local Government Richard Chimwendo Banda refused to comment on the bill, other experts such as Michael Kaiyatsa of the Centre for Human Rights and Rehabilitation (CHRR) and Willy Kambwandira of the Centre for Social Accountability and Transparency (Csat) have expressed concerns. They believe that giving powers to a politically appointed person to control councils is a step backwards in the decentralization process.
Kambwandira urged for these reservations to be resolved, emphasizing the importance of local people’s participation in affairs at the grassroots level. The central government’s attempt to usurp powers over local government authorities has been condemned by experts who believe it goes against the spirit of decentralization aimed at deepening local governance and development.
Malawi adopted the Decentralisation Policy in 1998 with the goal of empowering district councils to implement local governance and development agendas. The proposed amendments in the Local Government Amendment Bill risk undermining this policy and centralizing powers in the hands of the minister, raising concerns about the future of decentralization efforts in the country.
Read the original article on The Times
