Rudolf Gaiseb
Urban and Rural Development minister James Sankwasa has proposed amendments to the Regional Councils Act, to allow for power sharing between regional councils and governors.
He wants the Regional Councils Act to sanction regional councils to consult with regional governors on issues relating to the government’s executive functions.
It is Sankwasa’s fervent view that the Act, in its current form, vests most, if not all, powers and authority of human resources administration in regional councils, which are political bodies.
“A situation where powers and authority over administrative functions such as staff appointments and discipline vests in a political body presents challenges as it creates room for administrative processes to be subjected to undue political influence or being politicised,” Sankwasa said in the National Assembly this week.
At present, administrative affairs of regional councils, including appointment and discipline of staff members, among others, are regulated and administered by and within the framework of the Regional Councils Act.
The Act enables governors to attend regional council meetings and participate in the deliberations.
However, it does not give the governors the right to vote at any meeting of that council.
Further, in terms of Section 24 of the Regional Councils Act, as amended, several provisions of the Public Service Act were retained and are thus applicable to regional councils.
Sankwasa said these provisions of the Public Service Act, have rendered human resources management and administrative processes in regional councils too cumbersome and not user-friendly.
As a result, certain administrative processes are not provided for, and where such provisions exist, they are not adequate for administrative efficiency and effectiveness.
“In certain instances, some provisions have been overtaken by developments in other laws and generally accepted practice, particularly in relation to standards that conform to administrative justice and fairness,” Sankwasa maintained.
However, Section 29 of the Regional Councils Act provides for the delegation of powers by regional councils to the management committee, the chief regional officers or other staff members, the minister said.
Experience, however, has shown that in most regional councils this provision is rarely utilised, he continued.
Sankwasa’s proposal is that powers to perform certain administrative functions should be delegated to the executive body (management committee), while the council (political body), would focus more on policies and other strategic issues of a political and developmental nature in the region.
The appointment of staff members in acting capacity and the payment of acting allowance under such circumstances are among the issues not provided for or regulated under the current law.
He highlighted that the appointment in acting capacity when the position of chief regional officer is vacant needs to be clearly regulated in the law.
He said it is to prevent “abnormalities” where junior staff members are appointed to act in such positions, overlooking eligible senior managers, which often results in senior staff members reporting to junior staff members.
Furthermore, Sankwasa is adamant that cumbersome and outdated disciplinary procedures are prescribed under the Public Service Act of 1980, which is often challenged on grounds of administrative justice and fairness.
Therefore, the amendment aims to substitute and insert new definitions in the Regional Councils Act.
It will provide for incidental matters relating to the Boundaries Delimitation and Demarcation Commission.
It will adequately provide for incidental matters and the manner of appointment of staff members of regional councils, as well as the availability of staff members between regional councils and central government ministries.
The amendment also focuses on providing for the establishment of development committees by regional councils for effective regional development planning and coordination.
Alignment of the regional council’s provisions with those of the Constitution in relation to the office of the regional governors and regional councils will also be tackled.
Weighing in on the matter, political commentator Ndumba Kamwanyah believes some changes could be helpful, but they must be clear and not create confusion between political and administrative roles.
He acknowledged the current act gives more executive powers, including over human resources, to the regional councils, while regional governors have limited authority.
“Administrative and human resources matters should mainly stay with the councils; they are more involved in daily operations. However, consultation with governors can be useful for coordination,” Kamwanyah said.
Opposition
On the other hand, political commentator Natji Tjirera disagrees with both Sankwasa and Kamwanyah.
According to Tjirera, the Regional Council Act, in its current form, is beyond reproach in giving power to elected officials and not to “some governor” who is imposed on a region by the head of state.
“The current Act was enacted in line with the democratic imperatives in our constitutional dispensation, which appreciates that power should be given to the people, and thus power was given in terms of the Act by those elected directly by the people. Governors, in their current form, are simply glorified presidential personal assistants. They have no real powers and that is because they are not elected by the people in those respective regions,” Tjirera asserted.
“Spending millions of dollars on regional elections and then imposing someone on the people does not make economic sense, and it’s against the most basic principles of democracy,” he argued.
He suggested that regional governors should be elected if they are to have any claim to power.
It is also his ardent view that if the Regional Councils Act is to be amended, it must include the fact that governors should be elected; only then can they be given powers along with regional council.
“The move to give more powers to the governors imposed on the people by the president seems to be a calculated political move by the ruling party to have control even in regions where the electorate has rejected them. That situation will render regional council elections superfluous and of no significance,” he continued.