Central Government/ Local Government Interface

1. Central Government/ Local Government Interface Floyd Alex Davies Centre for Local Government, Decentralisation & the Environment (CLoGADE)

2. WHAT IS DECENTRALISATION What is decentralization? It refers to the process or system of administration in a State in which the functions of State management are significantly passed onto semi-autonomous units of government at the Local Level. In short, State functions are divided between the central government and local government units that could either be appointed, elected or a blend of either elected and appointed (nominated ) members

3. Central Government/Local Government Interface This is a point where two systems, i.e., Central Government/Local Councils meet and interact

4. Central Government/Local Government Interface Cont’d • Under the national policy of decentralisation, Local Councils are now taking responsibility for delivering many services that are essential to improving the livelihoods of our people and the development of the nation.

5. Central Government/Local Government Interface Cont’d • The process of devolving responsibility for service delivery from Central Government Ministries, Departments and Agencies (MDAs) to Local Councils requires cooperation and good coordination between all agencies involved. Many different actors engage in local service delivery. Many local services are interconnected.

6. Problems with Government/Local Government interface • Local and central government do not always see eye to eye. • The Local Government Act, 2004, promised to devolve decision-making powers to local councils, but councils feel their hands are tied by budget constraints and decisions from above. • This is coupled by a feeling in central government that local government still has to prove itself capable of taking on new responsibilities.

7. Problems with Government/Local Government interface Cont’d At a recent forum of Mayors, Chairpersons and ChiefAdministrators in March, 2014, part of the communique read thus: 1. Devolution is proceeding too slowly, and is impeded by the inadequate transfer of human, technical and financial resources (including closure of development grants), and by the reluctance of some MDAs to fully devolve agreed functions, which impedes councils’ ability to deliver on the Agenda for Prosperity

8. Problems with Government/Local Government interface Cont’d 2. Weak capacity of the Ministry of LGRD to effectively coordinate and monitor the decentralistion process; 3. The non-functioning of the Inter-Ministerial Committee (IMC) and Provincial Coordinating Committees (PCC) remains a huge impediment to moving decentralisation forward; 4. Poor relationships between and among the political and administrative cadres, District Officers and chiefdom authorities impede local councils from effectively delivering services for the benefit of local communities;

9. Problems with Government/Local Government interface Cont’d To move forward some questions need addressing: • In what areas should power be devolved and where should it be retained by central government? • How can trust be built up between Central Govt & Lcs? • What current issues need to be overcome for them to work together successfully? • How should the relationship develop over the next few years?

10. The structure of Government • The Executive • The Legislative • Local Councils • Chiefdom Councils

11. The local councils Key players • Councillors • Ex-officio members (paramount chiefs) • Chairpersons/Mayors • Deputy chairperson/Deputy Mayors • Local council Chief Administrators • Deputy Local Government Chief Administrators • Treasurers

12. LOCAL COUNCILS • Council is the highest political authority in the locality, not an individual councillor • Councillors make policy decisions but do not take part in the implementation process • Have executive and legislative powers

13. FUNCTIONS OF LOCAL COUNCILS Functions are in form of service provision and service delivery which may include: • Health and environmental (provision of medical facilities, drugs, waste management etc.) b. Educational services and facilities (schools, libraries, recruitment and hire of teaching staff etc.)

14. MINISTRY OF LOCAL GOVT & RURAL DEVELOPMENT MLGRD through Dec-Sec - • implements GoSL’s decentralization program • coordinates implementing agencies • Inspect and monitor activities of all local councils • Takes corrective measures if and when necessary within specified time frames • Imposes punitive measures on councils for failure to correct mistakes / misjudgements

15. MINISTRY OF LOCAL GOVT & RURAL DEVELOPMENT Cont’d • Mediates between: • Two or more councils • Local councils and MDAs • Local councils, INGOs and NGOs • Refer disputes between local councils and other entities to Inter Ministerial Committee for mediation

16. MINISTRY OF LOCAL GOVT & RURAL DEVELOPMENT Cont’d • Approved any proposed agreements: • By MDAs to delegate a function or power to a local council • Between a local council and a national or international organization • Ensure that agreed services have been delivered • Mediates disputes • Recommends to the IMC any changes to the agreement

17. Ministries, Departments and Agencies (MDAs) Ministries, Departments and Agencies (MDAs) have national policy and oversight responsibility for the sectors they respresent. Some public services are provided directly by the Central Government (eg. energy, trunk roads, national policing). • The Local Councils are responsible for delivering the devolved service.

18. Ministries, Departments and Agencies (MDAs) Cont’d • MDAs are responsible for the national framework of policy and standards, they monitor local performance against required national policy and standards, and provide technical guidance. • Devolution involves the local council taking responsibility for managing the human (personnel), financial and administrative aspects of the service. This requires commitment by the parent MDA, clear communication from the national to regional and local levels, and especially to those staff who are devolved to local councils.

19. PARLIAMENT • Parliament is the national legislature. It should ensure that a coherent body of law is enacted to support national development through the decentralisation process. Parliament maintains oversight of local service delivery through approving local council budgets. • The Parliamentary Committee on Local Government maintains a more detailed oversight.

20. Regional and Local stakeholders Resident Ministers • Resident Ministers report directly to the Minister for local government on matters relating to local government, decentralisation and service delivery in their regions, and shall regularly brief the Minister for local government on relevant matters arising within their region.

21. Regional and Local stakeholders Provincial Secretaries • As the administrative head of a region, the Provincial Secretary reports to the Permanent Secretary, Ministry for local government, and to the Resident Minister. The Provincial Secretary is Secretary of the Provincial Coordinating Committee, and also coordinates the work of District Officers in the region.

22. District Officers The District Officers ('DO') serve as the Government's principal liaison and officers in the districts outside the Western Area. • where difficulties and blockages in devolution are identified, they mediate conflicts. • They report to the Provincial Secretary or Ministry for local government on local governance and service delivery challenges. • DOs undertake a supervisory role in respect of chiefdom administration to ensure good governance.

23. Members of Parliament • The primary role of MPs is to represent their constituents in Parliament. • MPs' development vision for their constituency should be harmonised with the local council development plan/s. • As members of the ward committee/s within their constituency, MPs will contribute to the prioritising of programmes, and coordination of service delivery within their wards.

24. Traditional authorities • Paramount Chiefs are the custodians of tradition of their chiefdoms, and chair their chiefdom council, with the primary function of maintaining stability and harmony in the chiefdom. • Chiefdom authorities must cooperate with the local council to support its role in development and service delivery, including in the collection of taxes and payment of precepts.

25. Traditional authorities Cont’d • Paramount Chiefs should work in harmony with their local council to secure development that will benefit the people and the area.

26. INTER-MINISTERIAL COMMITTEE SECTION 109-110 • Vice-President as chairman • Minister of: • Local Government and Rural Development • Act as secretary to the IMC • Finance • Education, science and technology • Health and sanitation • Agriculture • works • Attorney general • Four chairpersons of local councils

27. INTER-MINISTERIAL COMMITTEE SECTION 109-110 • Oversee the proper implementation of the LGA 2004 • Oversee further development and implementation of local government and decentralization • Promotes sustainability of participatory government • Arbitrate between: MDAs, provincial administrations and local government • Can invite any minister to attend • Can invite a public officer • Accepts any information that is relevant to performing its functions

28. PROVINCIAL COORDINATING COMMITTESSsection 101-102 • Comprises of the resident Minister (Chairman) • The Provincial Secretary (Secretary) • The Chairman of each local council • The local council Chief Administrators in each council (no voting rights)

29. PROVINCIAL COORDINATING COMMITTESSsection 101-102 FUNCTIONS: • Coordinates the activities of councils in the province • Ensures effective collaboration among councils sharing same interest • Reviews and coordinates the provision of public services in the province

30. HOW DO MDAs RELATE WITH LCs 1. Government Departments use a mixture of traditional command and control instruments - • legislation, • regulation, • Directives, etc

31. HOW DO MDAs RELATE WITH LCs 2. influencing instruments • control of finance, and 3. co-operative instruments • consultation and • joint working, etc

32. HOW DO MDAs RELATE WITH LCs • Central government and local government must work closely day-to-day to achieve mutual goals • formal and informal connections at political level through Ministers, Parliament and individual MPs.

33. Options for Change • Working Collectively with All Relevant Government DepartmentsWith the dawn of devolution, local authorities now deal directly with a significant number of MDAs. It would be useful for all relevant MDAs and the local government sector to engage collectively at a high level, in a structured way, to consider issues of common concern.

34. Options for Change Cont’d • It would assist Government collectively to appreciate the challenges facing local authorities, and it could address areas of overlap and duplication. • it could assist local authorities long and medium term planning by providing for a greater exchange of information on Departmental funding and policy proposals.

35. Options for Change Cont’d • It may also assist in pursuing the objectives of integrated public services on the ground

36. THANK YOU