Amend Local Govt Act—Report
A report by the United States of America Agency for International Development (Usaid) has indicated that there is a need for government to change some laws concerning local governance.
It recommends that government should delink the appointment of district commissioners and chief executive officers of councils from the Ministry of Local Government and Rural Development.
According to the report , the current practice presents the office holders with perverted incentives of personal loyalty to the minister, a resulting in frequent transfers of the DCs and distorting the practice of accountability, as the DCs are controlling officers.
It also says government should revive and enhance the roles of the Local Government Service Commission in appointments and placement of DCs, to create stability and enhance opportunities for holding DCs accountable.
The report has suggested that government should amend the Local Government Act, the Local Government Amendment Act of 2010, the Corrupt Practices Act, and the Republican Constitution in relation to the NLGFC, the Public Finance Management Act (PFMA), the Public Audit Act (PAA) and the Public Procurement Act (PPA).
The report says these laws and regulations have various implications for local government accountability and are the key legislations that affect local government accountability in Malawi.
Local government accountability in Malawi has been facing challenges, including on the relationships between the Local Governments Ministry and other ministries, departments and agencies of the central government and even ordinary citizens.
The report has indicated that Local Government structures have weak accountability mechanisms that need to be reviewed and strengthened.
In an interview, Minister of Local Government and Rural Development Kondwani Nankhumwa welcomed the recommendations and said his ministry will be working to amend some of the laws.
Nankhumwa said there are about 17 laws that have been proposed to be amended adding that if passed in Parliament they will empower the ordinary people.
“At the moment, the MPs detected that some of the needed changes will confine their voting rights to Parliamentary matters and legislators and that they showed great resistance,” he said.
He hopes the MPs will soon choose to share some of their powers with the ordinary people. In a separate interview, Legal Affairs Committee of Parliament chairperson Maxwell Thyolera yesterday said some of the proposed amendments in Local Government Act cannot work because of the country’s voting system.
“We had a round table discussion with the Minister of Local Government on the same, but MPs expressed concern that amendment of the laws can work better if government can consider repealing the whole Local Government Act,” he said.
However, Public Affairs Committee (PAC) executive director Robert Phiri, whose organisation has been pushing for amendment of the Local Government Act, said his organisation is expected to engage various committees of Parliament to lobby MPs on the amendments of Local Government laws. “
PAC is interested in amending Local Government laws because if amended, challenges that local councils have been facing could be resolved once and for all,” said Phiri.
