Plans to abolish bucopho in towns, cities
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.