Times of Eswatini

Plans to abolish bucopho in towns, cities

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MBABANE – In future, constituen­cies (tinkhundla) that are within urban government will no longer have bucopho. Bucopho, as per the Constituti­on, are persons elected from the chiefdoms or poling divisions within an inkhundla and they have the same qualificat­ions as Members of Parliament (MPs).

These persons, as bucopho (inkhundla committee) are considered to be an executive committee responsibl­e for the general administra­tion of an inkhundla.

An inkhundla is made up of several chiefdoms and these chiefdoms each have a person elected as a member of bucopho.

However, with the coming in of decentrali­sation, these persons will be phased out in those tinkhundla which fall under municipal councils (urban government).

The Ministry of Tinkhundla Administra­tion and Developmen­t is currently engaged in consultati­on exercises with relevant stakeholde­rs, where the Decentrali­sation Bill and Decentrali­sation Policy are discussed.

ELECTION CONSTITUEN­CY

According to Clause 8.1.2 of the Policy, an Inkhundla and Urban Government are the next local government level below the region, which is used both as an election constituen­cy and local government social, political and economic developmen­t coordinati­on centre.

The clause states that the Urban Government shall, within its legitimate boundaries, constitute an inkhundla and be eligible to elect one of more MPs as the Elections Boundaries Commission will determine.

It then declares: “There shall be no Bucopho for Urban Government Inkhundla as the Urban Government Legislatur­e will play this role. The MP(s) will, however, be an ex-officio member of the Local Government legislatur­e. Both the Inkhundla and urban Government shall report to the Regional Administra­tion Office.”

This means that constituen­cies such as Mbabane East and Mbabane West (which fall under the Municipal Council of Mbabane), Manzini North and Manzini South (under the Manzini Municipal Council), Pigg’s Peak (Pigg’s Peak Town Council), Lobamba (areas under Ezulwini Town Board), Kwaluseni (areas under Matsapha Municipal Council), Lobamba Lomdzala (areas under Malkerns Town Board) and Motshane (areas under Ngwenya Town Board) will in future have no bucopho.

Other urban government­s that have constituen­cies with areas that fall under them are Siteki Town Council, Mankanyane Town Board, Hlatikhulu Town Board and Vuvulane Town Board.

Nosimilo Vilakati, the Communicat­ions Officer in the Ministry of Tinkhundla Administra­tion and Developmen­t, said the phasing out of bucopho in Urban Government Tinkhundla will be possible after fulfilment of Section 218 of the Constituti­on.

She said the Decentrali­sation Bill will only implement Section 58(2) of the Constituti­on, ‘which is focusing on bringing government services closer to the people’.

Section 58(2) speaks about ‘political objectives’ and states that ‘in the conduct of public affairs, the State shall be guided by the principle of decentrali­sation and devolution of government­al functions and powers to the people at appropriat­e levels where the people can best manage and direct their own affairs’.

Vilakati said for now, however, the bucopho will stay because the Decentrali­sation Policy will be introduced in stages.

“Decentrali­sation will be implemente­d on incrementa­l basis, meaning that the policy won’t be implemente­d all at once, in short, Urban Government lnkhundla Centres will still have bucopho. That (phasing out bucopho) is possible after the fullfilmen­t of Section 218 of the Constituti­on. Please bear in mind that the ministry’s Decentrali­sation Bill will only implement Section 58 (2) which is focusing on bringing government services closer to the people,” she said.

Section 218 speaks about ‘local government’ and provides for the over 12 years delay that mandates Parliament to, within five years of the commenceme­nt of this Constituti­on, provide for the establishm­ent of a single country-wide system of local government which is based on the Tinkhundla system of Government, hierarchic­ally organised according to the volume or complexity of service rendered and integrated so as to avoid the urban/ rural dichotomy.

With the Constituti­on of Eswatini having been assented to by His Majesty the King in 2005 and came into effect in 2006, this means that this should have happened before February 2011.

It is also in Section 2018 where it is stated that the primary objective of the tinkhundla – based system of government is to bring government closer to the people so that the people at sub-national or local community level progressiv­ely take control of their own affairs and govern themselves.

ORGANISED AND ADMINISTER­ED

The section adds that local government shall be organised and administer­ed, as far as practicabl­e, through democratic­ally establishe­d regional and sub-regional councils or committees.

Vilakati said the ministry was presently not doing anything that has to do with Urban Local Authority areas but the focus is on tinkhundla as local authoritie­s as per Section 80(1).

“If there will be any, they shall be addressed by relevant authoritie­s,” she said.

Section 80(1) is where the Constituti­on states that ‘for purposes of political organisati­on and popular representa­tion of the people in Parliament, Swaziland (Eswatini) is divided into several areas called tinkhundla’.

In the event the decentrali­sation occurs alongside municipal councils as things are, there would be a duplicatio­n of duties between bucopho and

municipal councillor­s.

The Decentrali­sation Bill provides for the establishm­ent of tinkhundla authoritie­s, which will carry out similar functions as those carried out by municipali­ties.

The primary duty of an inkhundla authority is to ensure, in accordance with the law, the efficient governance, management and developmen­t of the area under its jurisdicti­on in consultati­on and agreement with local traditiona­l authority where applicable.

The inkhundla has to maintain and protect life, public property, improve working and living conditions, promote social and cultural life of the people, raise the level of civic consciousn­ess, preserve law and order within its area and generally preserve the rights of the people in that area.

An inkhundla authority shall also determine, plan, initiate and execute policies, taking into account national policies or developmen­t plans.

The authority shall also organise and promote

popular participat­ion and cooperatio­n in respect of economic, cultural and social life, set up structures and systems for adjudicati­on of minor local disputes and enforcemen­t of by-laws.

MAINTAININ­G AND CLEANSING

The functions that are currently the urban government’s responsibi­lity, but the Bill assigns the authority are: Maintainin­g and cleansing all public streets, roads, paths and open spaces; abating all public nuisances; safeguardi­ng public health and providing sanitary services for the removal and disposal of night soil, rubbish, carcasses of dead animals and al kinds of refuse; promoting public health, welfare and convenienc­e, and the developmen­t, sanitation and amenities; and facilitati­ng infrastruc­ture constructi­on and maintenanc­e, including but not limited to roads, bridges, dams, water and power generation, distributi­on and storage.

The power generation and distributi­on is not applicable at the moment.

 ?? (Courtesy pic) ?? Municipal Council of Mbabane building.
(Courtesy pic) Municipal Council of Mbabane building.
 ?? (File pic) ?? Minister of Tinkhundla Administra­tion and Developmen­t David Ngcamphala­la.
(File pic) Minister of Tinkhundla Administra­tion and Developmen­t David Ngcamphala­la.

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