LOCAL GOVERNMENT WEEK: MUNICIPAL DEMARCATION FRAMEWORK AND BOUNDARY REVIEW PROCESS

Transcription

1 LOCAL GOVERNMENT WEEK: MUNICIPAL DEMARCATION FRAMEWORK AND BOUNDARY REVIEW PROCESS Landiwe J Mahlangu Chairperson: MDB Nondumiso Gwayi Deputy Chairperson 02 AUGUST

2 Introducing the MDB In terms of the Constitution and the Local Government: Municipal Demarcation Act, 1998 the MDB is a constitutional body established in terms of chapter 7 of the constitution. Board members have a term of 5 years. The first Board was appointed by the President on 1 Feb 1999, the second one on 1 Feb 2004 and the present one on 20 Feb The third and current Board comprise of the following members: Mr. Landiwe Mahlangu (Chairperson) Ms. Nondumiso Gwayi (Deputy Chair) Khosi Tshililo Jeffrey Ramovha Prof. Nico Steytler Me. Wendy Ovens Mr. Ashraf Adam Mr. LD Tsotetsi Me. Lynelle John Me. Grace Castle 2

3 Role and Mandate of MDB Mandate and Status Established in 1999 as independent constitutional body. Juristic Person that can sue and be sued Perform its function without fear,favour or Prejudice Funded by Parliament via a Government Department Selection and Accountability Members are selected by an independent Panel Headed by two Judges the Supreme Court Currently comprise of 10 members of which only the Chairperson is full time, Administration Headed by CEO/Manager Accountable to Parliament by way of annual reports and meetings. Members knowledge and experience; and qualification in Local government ; Development economics; Integrated development planning; Municipal finance and administration; GIS ; Transport planning etc.

4 Constitutional and Legal Framework for demarcation Constitutional Provisions and judgements Sect. 155 (3) of the Constitution provides National legislation must establish a criteria and procedures for the determination of municipal boundaries by on independent authority Section 157(4) provides that ward boundaries must be delimited by an independent authority The Constitutional Court Judgement on 15 October 1999 further confirmed the MDB power to categorise the municipalities. National Legislation Municipal Demarcation Act, 1998 provides for criteria and procedures of municipal boundaries as well as times frames and public involvement in the demarcation process Municipal Structures Act of 1998 (MSA) specifies for criteria for categories of municipalities and Schedule 1 provides for the delimitation of wards Section 6 of MSA empowers the Board to declare/withdraw declaration of DMA Section 2 and 4 of MSA empowers the Board to determine whether an area must have category A or B or C municipality S 84 of MSA empowers the Board to assess the Capacities of Municipalities and propose reallocation and adjustment between the district and local municipalities. Cabinet Resolution Alignment of services delivery boundaries with the new municipal boundaries Abolishing of cross boundaries municipalities after PCC made that decision

5 Key Functions Municipal Boundaries Determination / redetermination Outer Boundaries Delimitation of Inner or Ward Boundaries Technical Adjustment /Alignment Categorisation of Municipalities ( Section 2 Structures Act) Declaration/Withdrawal of declaration of DMA Capacity Assessment Annual Assessment of Municipal Capacity to perform functions as laid out in Schedule 4 b and 5 b of Constitution Recommends allocations and adjustment between Cat. B and C Municipalities. Sec 84 and 85 of Structures Act. Advisory Work and Function Alignment of service delivery boundaries Study to determine the abolishment of cross boundary municipalities

6 Boundaries Work of MDB Municipal Outer Boundary Determination Requests by the Minister/MEC/Municipality/public Minor/technical adjustment maintain boundary integrity and accuracy Resizing; Consolidation; & Amalgamation Categorisation or re-categorization Comply with MDA Sect 24 and 25 and MSA Sect..2 Inner/ Ward Boundaries Undertaken every five years for purposes of Municipal Elections Undertaken occasionally when there is a change in outer boundaries Must meet the Criteria Schedule 1 Structures Act.

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 LOCAL GOVERNMENT ELECTIONS Ward Delimitation Process Minister determine the formula 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 Elections

8 Broad process and timeframes within current legal framework: Delimit wards Prepare for local elections Re-determine municipal boundaries Consultation and legal process June 2011 to Oct 2013 Consultation and legal process Nov June 2015 IEC process July April 2016

9 Key periods for public participatiom MDB provides information Meetings per district area Closing date for new requests Aug Dec 11 Further visits, where necessary Additional visits Section 26 Notice Section 21 objections Aug/Sept Dec 2011 Jan-Mar 2012 Apr-AUG 2012 Sept.Dec 2012 Jan2013 Municipalities consult affected communities, and encourage participation More information: MDB Circular 1/2011:

10 Demarcation Criteria : Objectives (Section 24 ): When the Board determines a municipal boundary its objective must be to establish an area that would - (a) enable the municipality for that area to fulfil its constitutional obligations, including- (i) the provision of democratic and accountable government for the local communities; (ii) the provision of services to the communities in an equitable and sustainable manner; (iii) the promotion of social and economic development; and (iv) the promotion of a safe and healthy environment; (b) enable effective local governance; (c) enable integrated development; and (d) have a tax base as inclusive as possible of users of municipal services in the municipality. 10

11 DEMARCATION CRITERIA: FACTORS TO BE CONSIDERED (a) the interdependence of people, communities and economies as indicated by- (i) (ii) (iii) (iv) (v) (vi) existing and expected patterns of human settlement and migration; employment; commuting and dominant transport movements; spending; the use of amenities, recreational facilities and infrastructure; and commercial and industrial linkages; (b) the need for cohesive, integrated and unfragmented areas, including metropolitan areas; (c) the financial viability and administrative capacity of the municipality to perform municipal functions efficiently and effectively; (d) the need to share and redistribute financial and administrative resources; (e) provincial and municipal boundaries; 11 11

12 CRITERIA (Cont.) (f) areas of traditional communities; (g) existing and proposed functional boundaries, including magisterial districts, voting districts, health, transport, police and census enumerator boundaries; (h) existing and expected land use, social, economic and transport planning; (i) the need for coordinated municipal, provincial and national programmes and services, including the needs for the administration of justice and health care; (j) topographical, environmental and physical characteristics of the area; (k) the administrative consequences of its boundary determination on- (i) (ii) (iii) municipal creditworthiness; existing municipalities, their council members and staff; and any other relevant matter; and (l) the need to rationalise the total number of municipalities within different categories and of different types to achieve the objectives of effective and sustainable service delivery, financial viability and macro-economic stability. 12

13 Demarcation Criteria: Metropolitan Municipalities Section 2 of the Structures Act, 1998: An area must have a single category A municipality if that area can reasonably be regarded as- (a) a conurbation featuring- (i) areas of high population density; (ii) an intense movement of people, goods, and services; (iii) extensive development; and (iv) multiple business districts and industrial areas; (b) a centre of economic activity with a complex and diverse economy; (c) a single area for which integrated development planning is desirable; and (d) having strong interdependent social and economic linkages between its constituent units. Note: Demarcation criteria in section 24 & 25 of the Demarcation Act, 1998 also 13 to be taken into account when boundaries are re-determined.

14 14 Types of re-determination as per Circular 2/2011 (also see examples as per map slides) Type A - Technical and minor boundary re-determinations: This redetermination entails a small scale boundary adjustment and/or alignment with a minor impact on the geographic area, and with a negligible or no impact on the number of voters, and on the capacity of the affected municipalities. The outcome of this redetermination is the correction and/or alignment of a municipal boundary with physical or natural features such as roads, rivers, and mountains; or cadastral boundaries (parent farm boundaries) or a combination of the two. Alignment to cadastre may be necessary where, for purposes of property valuations and rates, a property has to be under the jurisdiction of one municipality rather than being split between two or more municipal areas. Type B Consolidation and Annexations: This is a medium scale boundary redetermination that may impact on a sizable geographic area, and number of voters in one or all the municipalities affected. This type of determination may impact on ward arrangements but will not, or will not materially, impact on the capacities of the affected municipalities to deliver services. The outcome of this type of boundary adjustment is the correction of boundary anomalies that affect service delivery, and to promote integrated communities and economies.

15 15 Types of re-determination as per Circular 2/2011 (also see examples as per map slides) Type C Amalgamation and Categorisation: This type of re-determination entails a major and large scale municipal boundary re-determination which will have a significant impact on the geographic areas, the number of voters, and the capacities of the affected municipalities. The outcome of this type of redetermination includes the merging of adjacent municipalities; the splitting of municipal areas to create municipal areas which will result in that the responsible MEC will need to disestablish an existing municipality or municipalities, and establish a new municipality or municipalities. Also included in this type is the categorisation of metropolitan municipalities with or without boundary changes. This type of request requires extensive motivation and a significant amount of supporting evidence. Where a request is submitted for the categorisation of a municipality into a metropolitan municipality, such a request must satisfy the criteria outlined in Section 2 of the Local Government: Municipal Structures Act, 1998, in addition to the criteria set out in section 24 and 25 of the Local Government: Municipal Demarcation Act, Attention is also drawn to the fact that the MDB may determine that an area must have a category A (metropolitan) municipality, only after consultation with the National Minister responsible for local government, the MEC for local government in the provinces concerned, and SALGA.

16 Boundary Determination Process: Example of a Minor Change Type A 16

17 Broad programme for current Boundary Review process Aug 2011 Jan 2012 Briefing of municipalities on process. Visits municipalities to explain possible 558 technical corrections to boundaries, and to ask proposals for further boundary changes. Closing date was 20 January 2012 Jan March 2012 Consider inputs and map new proposals received. April - June 2012 Inform municipalities of further unfolding of process. Visits to municipalities for further consultations. June - Aug 2012 Prepare for the legal process. Publish all section 26 notices to invite views and representation on cases that will be taken forward. Aug /Sept 2012 Closing date for the submission of written views and representations in terms of Section 26. Sept 2012 Analyses of section 26 inputs, and review of maps. Sept Oct 2012 Determine need for formal public hearings, and further investigations, and public notices in this regard. Nov Dec 2012 Formal section 28 public hearings, where necessary. Publish section 21 notices for objections. February 2012 Closing date for section 21 objections. Jan - March 2013 Considers objections and decides which boundary changes should be confirmed, varied or withdrawn. April - May 2013 Publish board decisions in terms of Section 21(5). 17

18 Broad provisional programme (cont) June Oct 2013 Nov/Dec 2013 Jan/Feb 2014 Feb 2014 March 2014 June 2015 July - April 2015 May 2016 IEC and MECs gazette Section 23 notices. The Reviewed Outer Boundary Redetemination is concluded and No Further Changes are made Formula and number of councillors gazetted. The Term of this Board Ends and New Board appointed. MDB commence with ward delimitation. New Board to decide on the process. Hand over of final ward boundaries to the IEC. IEC prepares for the 2016 local elections. Local elections. 18

19 Progress and Status Outer Boundary Briefed Provincial MEC Aug to Dec 2011 visited all affected municipalities at metro district level, and other stakeholders to consult on 558 proposed technical changes, received new submissions; Extended deadlines for submission to 20 January 2012 By closing date some 200 additional requests for boundary changes received which vary in complexity which makes a total of 758 submissions and proposal for boundary changes Continued to receive representations from individual stakeholders requests for additional meetings Visited and addressed all Provincial Houses of Traditional Leaders and one local house Briefed the National Minister of COGTA Briefed the Portfolio Committee of Cogta 19

20 Progress and Status Outer Boundary Some people are coming late in the process There is still lack of awareness about deadlines for submissions despite extending Some submission are not consistent with the current legal framework Various revision and withdrawal of submissions by MEC which point to a lack of internal consultation prior submission to Board There is a tendency for areas adjacent the metros to be part of newly designated metros Municipal boundary review is always conflated with provincial boundary process 20

21 Delimitation of Wards Process Comment IEC Segment of Voters Roll, Provision of Voter Districts Number of registered voters change per election Voter districts vary per election (MDB no input or influence DCOG Minister prepares the formula Minister can retain or vary (MDB no input or influence) Provinces DLG Determines (n) clrs and variations MDB Prepares draft 1 of ward boundaries for consultation MEC can vary the number of Clrs (MDB no input or influence) Use VDs as building blocks every ward contains 1 or more VDs. Apply the ward delimitation criteria contained in MSA. Only in exceptional cases, VDs are sp such as too many reg voters in VD, too few in VD MDB Ward consultation process including hearings Ward boundaries amended based on consultation process MDB Finalises ward boundaries Ward boundaries gazetted IEC Wards for election purposes Ward boundaries are fixed once given to IEC, no further variations (MDB no input or influence)

22 THE CONSITITUTIONAL AND LEGAL BASIS FORWARD DELIMITATION PROCESS The term of Municipal Council is five years prescribed in the Constitution and Local Government: Municipal Structures Act (MSA) (The Constitution of the Republic Of SA: Sec.159 b; MSA Sec. 24) The IEC is required to segment the voters roll into municipal segments and review the voting districts in the municipal boundaries In terms of the Structures Act, 1998, the National Minister of Cooperative Governance and Traditional Affairs must publish a formulae for the determination of the number of councillors. ( Section 20 of MSA) This is followed by the actual determination of the number of councillors by the MEC s responsible for local government. MEC can deviate from the formula- increase or decrease-by a maximum of 3 or 10% depending on the depending on the size of the Councils. The circumstances which may make them deviate is outlined MSA (Sect. 18; 20(3)(a )and( b) 22

23 Formula for the determination of councillors for category A municipalities The formula for determining the number of councillors of a category A municipality is as follows (fractions to be disregarded): Where: y = (x ) + 60 i. y represents the number of councillors; and ii. x represents the number of registered voters on the municipality s segment of the national common voters roll on 20 February 2004.

24 Formula for the determination of councillors for category B municipalities The formula for determining the number of councillors of a category B municipality is i. in respect of such a municipality that has less than registered voters on its segment of the national common voters roll: y = 5; ii. in respect of such a municipality that has between and registered voters on its segment of the national common voters roll: y = (x 1 682) + 1; and iii. in respect of such a municipality that has more than registered voters on its segment of the national common voters roll: y = (x 8 333) In applying the formulae referred to above: i. y represent the number of councillors; ii. x represent the number of registered voters on the municipality s segment of the national common voters roll on 20 February 2004; and iii. fractions are to be disregarded.

25 Formula for the determination of councillors for category C municipalities The formula for determining the number of councillors of a category C municipality is i. in respect of such a municipality that has less than registered voters on its segment of the national common voters roll: y = (x 9 500) + 9; and; ii. in respect of such a municipality that has more than registered voters on its segment of the national common voters roll: y = (x ) In applying the formulae referred to above: i. y represent the number of councillors; ii. x represent the number of registered voters on the municipality s segment of the national common voters roll on 20 February 2004; and iii. fractions are to be disregarded.

26 Criteria for Delimitation of Wards Factors to be taken into account The number of registered voters in each ward, may not vary by more than 15% from the norm, where the norm is determined by dividing the total number of registered voters on the municipality's segment of the national common voters roll by the number of wards in the municipality. The need to avoid as far as possible the fragmentation of communities. The object of a ward committee as set out in section 72 (3) Municipal Structures Act which is to enhance participatory democracy in local democracy- Practical Considerations communication and accessibility; density of population; topography and physical characteristics; and the number of voters that are entitled to vote within the required timeframe. The safety and security of voters and election material. Identifiable ward boundaries.

27 Increase in a no. of councillors and wards and over 90% of wards are product of local consultation and consensus

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30 Challenges and Issues The Political Parties must pay attention to Demarcation Process Parliament must engage National Minister formulae Provincial Legislature should interrogate MEC s section 18 Notices that establish no of councillors before being published and seek MDB assistance Districts and local municipalities must intensely engage with the outer boundary process and ward delimitation process and understand its intricacies Wards and constituency office must participate in public meetings and hearings It is inevitable that ward will change from time to time. In some case changes will be for better Voting districts will still be used as building blocks

31 Challenges and Issues The task for spatial transformation and reversing apartheid geography is not complete The Country needs a stronger MDB The eligibility and suitability of Board members must be tightened to enhance intergrity and legitimacy There is need for more people involvement in the demarcation processes Should we stop now with demarcation? Britain and Canada Boundary commissions have existed for the last 40 yrs

32 Challenges and issues Should the Board be merged with IEC? International trend point to the separation of the two where they have been combined The ward process causes instability? Frequency of changes should reviewed to synchronise with Census The Two Tier System of Local Government? MDB view is that an asymmetrical arrangement should be considered and the process towards unitary arrangements should be gradual What about additional metros?. MDB will be conducting studies on the feasibility of additional metros Single Election for National Provincial and Local Government? Board is ready for any action. What about Provincial Boundaries? Currently not the Board mandate but board have that capability

33 Provinces:Historical Background 33

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35 Effect of Provincial Boundary. 35

36 QUESTIONS AND DISCUSSIONS 36