2014/15 ANNUAL REPORT. Beyond Boundaries 1

Transcription

1 2014/15 ANNUAL REPORT 1

2 MUNICIPAL BOUNDARIES AND WARDS FOR : STATE OF READINESS TO SERVICE CONSTITUENTS PRESENTATION AT THE SPECIAL SALGA NATIONAL MEMBERS ASSEMBLY 20 MAY 2016 (BOARDWALK CENTRE, PORT ELIZABETH) Ms MJJ Thupana Chairperson: Municipal Demarcation Board Date: 20 May 2016 Time: 11:00 2

3 OUTLINE Purpose Mandate and Legislative framework Section 22 determinations and re-determinations (2015) Final decisions after consideration of objections Number of municipalities on election day 2016 Ward delimitation Process Status Challenges and lessons learned out of the processes. 3

4 PURPOSE To: Inform the assembly of the status of municipal and ward boundaries towards the 2016 local government elections; Share challenges, lessons learned and proposed interventions before the next demarcation cycle. 4

5 LEGAL FRAMEWORK o Municipal Demarcation Board is an independent constitutional body (Section 155 of the Constitution) and performs its functions in terms of The Constitution of the RSA (1996) Municipal Demarcation Act (MDA),No 27 of 1998 Municipal Structures Act (MSA),No 117 of 1998 o The Board performs its function without fear, favour or prejudice o Since 1999, MDB has been in the forefront of spatial transformation agenda to: rationalize municipalities to overcome the legacy of separate development, contribute to spatial transformation and spatial justice, enable integrated societies and economies, and facilitate sustainable and developmental local government system. 5 5

6 LEGISLATIVE MANDATE Determination of municipal outer boundaries Section 155(3)(b) of the Constitution Section 4(a) of the Municipal Demarcation Act 27 of 1998 ( MDA ) Section 4 of the Municipal Structures Act 117 of 1998 ( MSA ) provides for categorisation of municipalities Delimitation of municipal ward boundaries Schedule 1 to the MSA MDB, after consultation with the Electoral Commission must delimit wards for purposes of local elections Assessment of municipal capacity Section 85 of MSA provides for the MDB to assess municipal capacity when determining boundaries Impact analysis and evaluation: Opportunity to evaluate impact of Board decisions Rendering of advisory services to stakeholders Section 4(b) of the MDA Opportunity to follow through on implementation of municipal boundary redeterminations 6

7 Municipal Boundary Redetermination and Review A B B C B Municipal Territory Boundary Review: Outcome possibilities Re-alignment and adjustment Consolidation and Annexation Amalgamation and recategorization Reviewed Munic boundaries handed to IEC IEC delimit voting districts and register voters National common voters roll divided into municipal segments by IEC National and Provincial Elections takes place The term of Board end LOCAL GOVERNMENT ELECTIONS Inner/Ward Delimitation Process: Minister determines the formula for the wards MEC determines No. of councillors MDB delimits wards: Norm is used and 15% deviation is allowed. Final wards to IEC to prepare voters roll and VD s for local election. New Boundaries change take effect MEC S establish municipalities in terms of section 12 MSA 7

8 KEY FUNDAMENTALS Reverse apartheid geography; Contribute spatial transformation and spatial justice for all; Advance the integration of communities, settlements and economies; Deepen democracy through crafting of electoral wards; and Enable gradual realisation of sustainable and developmental local government. 8

9 VISION, MISSION AND VALUES VISION The leading demarcation and spatial knowledge hub MISSION To produce municipal and ward boundaries that are functional beyond reproach and contributes towards a responsive spatial configuration, including municipal capacity assessments that lay the foundation for a developmental local government. VALUES Independence Fairness, transparency and integrity Stakeholder engagement Knowledge sharing Good Governance 11

10 10 12

11 SECTION 22 RE-DETERMINATION AND DETERMINATION OF MUNICIPAL BOUNDARIES: 2015 For the first time since the MDB was established, section 22(2) was invoked by the Minister. Of the 34 proposals that were received by the MDB, 13 were finally approved. The rest were turned down for various reasons, including limited time available to conclude the process before the 2016 local elections. 13

12 SECTION 22 RE-DETERMINATION AND DETERMINATION OF MUNICIPAL BOUNDARIES (2015) 12

13 RE-DETERMINATION AND DETERMINATION OF MUNICIPAL BOUNDARIES Final decisions after consideration of objections EASTERN CAPE Reference FINAL RE-DETERMINATION number DEM4502 Amalgamation of Gariep Local Municipality (EC144) and Maletswai Local Municipality (EC143) DEM4503 Amalgamation of Nxuba Local Municipality (EC128) and Nkonkobe Local Municipality (EC127) DEM4505 Amalgamation of Inkwanca Local Municipality (EC133), Tsolwana Local Municipality (EC132), and Lukhanji Local Municipality (EC134) KWAZULU-NATAL DEM4522 Small portion moved from Mpofana Local Municipality (KZN223), Umgungundlovu District Municipality (DC22), included into Umvoti Local Municipality (KZN245) and Umzinyathi District Municipality (DC24) DEM4519 DEM4531 DEM4533 LIMPOPO Disestablishment of Mutale Local Municipality (LIM342), and portions thereof included into Thulamela Local Municipality (LIM343) and Musina Local Municipality (LIM341), and the establishment of a new local municipality to the South East of Vhembe District Municipality made up of portions from Thulamela and Makhado municipality. Disestablishment of Aganang Local Municipality (LIM352), portions included into Blouberg Local Municipality (LIM351), Molemole Local Municipality (LIM353) and Polokwane Local Municipality (LIM354). Amalgamation of Fetakgomo Local Municipality (LIM474) and Greater Tubatse Local Municipality (LIM375) DEM4542 FREE STATE Amalgamation of Mangaung Metropolitan Municipality (MAN), Xhariep District Municipality (DC16) and Naledi Local Municipality (FS164) DEM4534 Amalgamation of Modimolle Local Municipality (LIM365) and Mookgopong Local Municipality (LIM364) 13

14 RE-DETERMINATION AND DETERMINATION OF MUNICIPAL BOUNDARIES Final decisions after consideration of objections(cont ) MPUMALANGA DEM4537 Amalgamation of Umjindi Local Municipality (MP323) and Mbombela Local Municipality (MP322) NORTHERN CAPE DEM4513 Amalgamation of Mier Local Municipality (NC081) and //Khara Hais Local Municipality (NC083) DEM4517 NORTH WEST Amalagamation of Tlokwe Local Municipality (NW402), and Ventersdorp Local Municipality (NW401) 14

15 REDUCTION IN NUMBER OF MUNICIPALITIES SINCE 2006 LOCAL ELECTIONS (PRE S22)

16 RE-DETERMINATION AND DETERMINATION OF MUNICIPAL BOUNDARIES Number of municipalities on election day 2016 PROVINCE CATEGORY A CATEGORY B CATEGORY C TOTAL EC FS GT KZN LIM MP NC NW WC TOTAL

17 WARD DELIMITATION PROCESS STATUS Ward delimitation stakeholder consultation started during April The process was formally launched on 9 December 2014 in KZN (following technical sessions with municipalities) Public consultation started in January 2015 and the process was concluded in December The final wards were handed over to the IEC in December

18 WARD DELIMITATION STATUS: DECEMBER 2015 NC 204 WC 402 EC 705 PROVINCE LOCAL & METROPOLITAN MUNICIPALITIES 2016 WARDS 2016 Eastern Cape Free State NW 407 FS 309 Gauteng KwaZulu- Natal MP 400 LIM 566 KZN 870 GT 529 Limpopo Mpumalanga North West Northern Cape Western Cape TOTAL EC FS GT KZN LIM MP NW NC WC 18

19 CHALLENGES Stakeholders failing to observe given legal timelines with comments/concerns/quiries lodged long after the objection period had closed; Communities dissatisfied with provincial boundaries e.g. Matatiele and Flagstaff, and Traditional Authorities wishing to have their communities contained in same wards (both historical problems); Litigations by the Democratic Alliance and Traditional Leaders in Vuwani q DA (Part A) and Vuwani cases heard and judgements handed down q DA case (Part B) still to be heard - Date not determined yet, 19

20 LESSONS THAT MAY INFORM PROCESS AND LEGISLATIVE REVIEW Frequent cycles of demarcation undermine longterm planning by municipalities. A small margin of variation for wards undermines public role in ward delimitation. Non legislation of the service delivery role of wards undermines the aspect of municipal planning in ward delimitation. Increasing public voice against the use of number of registered voters viz. population in ward delimitation. 20

21 LESSONS THAT MAY INFORM PROCESS AND LEGISLATIVE REVIEW CONT Reliance on municipalities for facilitation of public participation in boundary and ward delimitation (possible manipulation and sabotage). Absence of a mechanism to determine a proportion of the public in support of a determination, re-determination or delimitation. Need to regulate or legislate time frames taking into account IEC programme in preparation for elections e.g. Board activities, publication of formulae by Minister and publication of number of councillors by MECs. The need to intensify public education and public participation. The above and other lessons learned to be addressed during the first demarcation conference scheduled for June

22 22