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MBABANE – Almost 19 years after the passing of the Constitution of Eswatini, four consecutive Members of Parliament (MPs) have failed to set-up legislation that will formulate the single countrywide system of local government.

The 2005 Constitution puts MPs at the centre of the system that will bridge the development gaps, in terms of access to social and government services, as well as avoid the urban/ rural dichotomy. During the 2023 Sibaya, emaSwati in rural areas decried the poor service delivery in some communities and poor coordination of resources.

Lubombo Regional Administrator Themba Msibi, during Sibaya, also spoke about the need to formulate the countrywide system of local government.

Services

“The Constitution talks about harmonising local government to tinkhundla, but several years have passed and nothing has been done in that regard,” he said.

The rural areas have poor roads, and people have to travel long distances to access government services and pay exorbitant fees to access these.

With the MPs being custodians of the law by virtue of their primary responsibility to enact it, they have been ignoring a crucial part of the Constitution. Since the 9th Parliament, MPs were disregarding Section 218 of the Constitution, which stated that Parliament shall, within five years of the commencement of the Constitution, provide for the establishment of a single countrywide system of local government.

The 11th Parliament passed 91 Bills out of 100, that were tabled in their term, and 26 Acts of Parliament in 2018 were enacted.

Delivery

Noteworthy, the Ministry of Tinkhundla Administration and Development was operationalised in 2009 and the first Minister was Prince Gcokoma. Its mandate is to create an enabling environment for effective service delivery at regional and tinkhundla level and to enforce good governance practices, inclusive development and balanced regional development. In 2013, Mduduzi ‘Small Joe’ Dlamini was appointed minister of this portfolio, while in 2018 to 2023, it was David Ngcamphalala. In 2014, Parliament ordered Mduduzi ‘Small Joe’ Dlamini, to come up with a law that would comply with Section 218 of the Constitution. MPs pointed out that there was a need to have a law that would bring government closer to the people. When he left office in 2018,

Dlamini said he had done a lot of work with regards to the law.

Dlamini said they had extensively consulted over the matter, and all controversies surrounding the Bill were removed. He said he might give details on the issue in due course.

Former Minister, Ngcamphalala tried to pilot the Bill.

It is up to the 12th Parliament and the minister to form the system of central local government.

At the time of compiling this report, a comment from the ministry had not been obtained.

It is stated in the Constitution that the single countywide system of local government must be based on the Tinkhundla System of Government, hierarchically organised according to the volume of complexity of service rendered.

Element

Section 291 directs the Elections and Boundaries Commission (EBC) to recommend the division (or abolishment thereof) of the country into local authorities for Parliament’s approval, and Sub-section 2 (c) views the integration of urban and rural areas as an important element in this subdivision process.

Apart from establishing bodies such as the Regional Councils, Tinkhundla Authorities, Tinkhundla Administration and Development Fund, and the Regional Development and Coordination

Planning Committee, the Bill also seeks to repeal the Regional Councils Order, 1978 and Urban Government Act, 1969. Specifically, the Bill is a tool for making decentralisation practical, indicating how power, functions, services and resources would be devolved and delegated, with incremental devolution preferred.