Provinces are bracing themselves for the gradual erosion of their powers as the new local government structures come into effect this month
Jaspreet Kindra Provincial governments over the next few years will be reduced to performing a policy role with most of their administrative powers having been delegated to the district councils and municipalities.
Some of the more responsible African National Congress-led provinces plagued with inefficient administrations have welcomed the move which will lead to running smaller ministries, saving millions of rand in the process. There are others who have expressed concern about the erosion of their authority.
Opposition parties such as the United Democratic Movement have raised concerns about an ANC strategy to undermine the governments of the Western Cape and KwaZulu-Natal, which are outside the national ruling party’s control.
Historically, the ANC had envisaged an administrative role for the provinces as opposed to a political one proposed by the federal Inkatha Freedom Party and the then National Party. More provincial powers were enshrined in the Constitution as part of a compromise deal between the ANC and the parties insistent on the devolution of powers during the Codesa talks.
According to political analyst Professor Tom Lodge, ANC policy envisages a coordinating role for provinces in the long term with most of the administrative functions delegated to the district councils and metropolitans in a gradual process. He said devolution of authority will be quicker and more visible in Gauteng, which has three metros. The three metro councils this week announced cabinets with portfolios ranging from safety and security to environment.
Among the first to raise concerns about the provincial governments’ existence in the future was the Eastern Cape ANC MEC for Finance, Economic Affairs, Environment and Tourism Enoch Godongwana.
He was quoted in the Daily Dispatch last Saturday as saying that by next year most of the provincial functions would have been devolved to the new local government structures which come into effect this month.
Godongwana, who raised the issue at an ANC meeting in Uitenhage, was quoted as saying: ”We don’t know whether we will have jobs.”
Minister of Provincial and Local Government Sydney Mufamadi, however, has sought to deny that provincial powers are under any threat from the new local government structures.
But it is common knowledge that the ruling party has been toying with the idea for a very long time.
Mufamadi, while maintaining that the national government believed in a decentralised system, did however broach restructuring of provincial governments in relation to the new local structures.
In fact a committee, comprising all the major local stakeholders, is reviewing the role of the provinces, vis–vis the new local government structures.
Even ANC leaders such as the North West MEC for Developmental Local Government and Housing, Darkey Africa, point out that provincial governments’ role will need constant review as it delegates powers to the new district councils over the next five years.
They seem to be battling to find out what powers they would end up with as the ”executive system” of governance adopted by the district councils and the metropolitans is similar to the one operating at the provincial level.
He said the provinces are still seeking clarity about how the delegation of powers to the district council, particularly in the realm of municipal health, municipal public works and transport, would affect the provinces.
The need to beef up local government is a non-debatable issue. It is the government closest to the people. As pointed out by Africa, the goal of all the three tiers of government national, provincial and local is delivery at the local government level.
This opinion was echoed by Mufamadi, who argued that local government until now had been the ”weakest sphere of government”. He said there would be devolution of powers such as health, sanitation, water and electricity to the district councils in a ”systematic manner”.
According to the Municipal Structures Act, the new district councils and the metropolitans will be responsible for economic development, supply of water, electricity, sanitation, roads, health, transport services including municipal airports, public works, promoting local tourism and the imposition and collection of taxes within their area.
There are 47 district councils in the country, each comprising an average of five municipalities. Each province has two to nine district councils.
But local government does not have a good delivery record in South Africa, as pointed out by Lodge, who referred to an opinion poll which suggested it enjoyed the lowest level of confidence, among all the tiers of government, from the people. The failure to deliver is largely attributed to rampant corruption, inefficiency at councillor level and the lack of administrative resources.
The government apparently has learned its lesson, which is why the transfer of powers is going to be a gradual process, pointed out Danny Msiza, representative for Northern Province Local Government MEC Joe Maswanganyi.
He said: ”It is inter-linked to the capacity-building process of the district councils if they have the capability to do so.”
The point was underlined by Mufamadi, who this week announced that his department is in the process of setting up planning and implementation management support centres in all the 47 district councils to help in the capacity building process.
The crux question is: will the ANC eliminate provinces altogether?
While the Democratic Alliance was cautious in attacking the ANC, Roger Burrows said he was aware of a debate in ANC circles about eliminating provincial structures.
The Inkatha Freedom Party, which governs KwaZulu-Natal in coalition with the ANC, was more vocal in voicing its fears.
KwaZulu-Natal MEC for Finance and member of the IFP Peter Miller said: ”Mr Sydney Mufamadi says he is the minister of provincial and local government. He is in actual fact the minister of local government only. The ANC’s objective is to destroy provinces in the long term.”
Lodge, however, ruled out the possibility of that happening and referred to the Constitution, which ensures the existence of provinces.
The Institute of Democracy in South Africa’s Ebrahim Fakir has also expressed reservations about whether the provinces will be done away with. In doing so he raised concerns about preserving multi-party political representation at the provincial level.
While it does make sound financial sense to reduce overlapping administrations, opposition parties’ fears about being undermined are to an extent justified. However, the ANC for the moment seems to be engaged in building capacity and also utilising the very same provincial authority to make inroads in out-of-bounds territory such as KwaZulu-Natal, where it has from a small player become a coalition partner over the past six years. It will happen but it will take time.