1.

0 INTRODUCTION

Many decentralizations aim to reconstitute government from a hierarchical, bureaucratic mechanism of

top-down management, to a system of nested self-governments characterized by participation and
cooperation, where transparency is high and accountability to the governed acts as a binding constraint
on public servants’ behavior. In pursuit of this, the scope of authority and resources that many countries
have devolved to their sub-national governments is impressive.

In Bolivia, the major aim of decentralization is to improve citizens’ quality of life by perfecting
representative democracy and facilitating participation.

In the UK, where the Labour government’s devolution was aimed at “re-balancing power between
citizen and government” in order to “move us away from a centralised Britain to a more democratic,
decentralised, plural state”

In Egypt, the Mubarak regime turned to decentralization in 2004 as a way of deepening democracy “and
enhancing community partnerships.

Decentralization leads to establishment of local governments for the purpose effective governance.
Local government is government at a local level established by an act of parliament or statute, decree or
edict, charged with administrative and executive duties on matters concerning the inhabitants of a
particular district/community, and given the powers to make bylaws for their purpose.

South Africa’s decentralization was an essential component of its transition from apartheid to
democracy, demanded by a white National Party that could hope to hold on to power in certain
jurisdictions as it lost power nationally to the African National Congress. Federalism was also demanded
nationally by the majority-Zulu Inkatha Freedom Party (USAID 2009).

In Nigeria, local governments were established with the ultimate goal of bringing government closer to
the citizens at the grassroots. The local government reforms aimed both to accelerate development and
to enable the local population participates and holds those in power accountable for their governance
roles.

The problem of governance particularly at the local level has been a recurring decimal in the political
history of Nigeria. Local government in Nigeria started during the colonial era when it was vested in
traditional rulers and it operated in a very undemocratic manner. Over the years, efforts have been
made to democratize local government and make it more responsive to developmental needs. The
problems of local government in Nigeria have been documented and they include among other things,
inadequate planning, poor implementation of policies, inadequate revenue, corruption and
mismanagement, lack of adequate manpower, lack of autonomy, lack of participation by the people and
intergovernmental conflict.

This paper will examine and compare the local government system in South Africa and Nigeria. While
there are problems with the running of local government (just like the other tiers of government) , the
speculation is that what is needed is the expansion of democratic space, entrenchment of democratic
culture and the promotion of good governance, transparency and accountability. The remaining part of
this paper is divided into six parts. The first part attempts to describe what local government is and the
desirability of local government. The second part gives the history of local government in Nigeria and
South Africa. The third part highlights the dominant role the military has played in local governance in
Nigeria (it can be argued that the military laid the basis for the undemocratic nature of the local
government and the erosion of local government autonomy). The fourth part highlights the Problems
Militating against Local Government Performance in Nigeria and South Africa while the final part is the
concluding section.

1.1 WHAT IS LOCAL GOVERNMENT

Local government, which can be simply described as government at the local level has been defined by
various scholars in different ways. The United Nations Office for Public Administration defines local
government as:

A political subdivision of a nation or (in a federal system) State, which is constituted by law and has
substantial control of local affairs including the powers to impose taxes or to exact labour for, prescribed
purposes. The governing body of such an entity is elected.

The 1976 local government reform of Nigeria defines local government as:

Government at local level exercised through representative council established by law to exercise
specific powers within defined areas. These powers should give the council substantial control over local
affairs as well as the staff and institutional and financial powers to initiate and direct the provision of
services and to determine and implement projects so as to complement the activities of the State and
federal governments in their areas, and to ensure, through devolution of these functions to these
councils and through the active participation of the people and their traditional institutions, that local
initiative and response to local needs and conditions are maximized.

The definitions above bring out four key characteristics of local government. First, local government
officials are elected. A regular election at specified period of time is a feature of local government. In
fact, the main distinguishing characteristic that differentiates a local government from a local
administration is the fact that while the officials of the former are elected those of the later are
appointees of the centre to implement policies of the centre. Second, the local government unit must
have a legal personality distinct from the State and Federal Governments. Thirdly, the local government
must have specified powers to perform a range of functions and finally, it must enjoy substantial
autonomy. Local government autonomy means that the local government is elected at the local level
and operate independently of the State and Federal Government. The local government is no longer an
appendage or field office of the State government. The characteristics of local government autonomy
include among other things ability to make its own laws, rules and regulations; formulate, execute and
evaluate its own plans and the right to recruit, promote, develop and discipline its own staff.
Scholars and practitioners of local government over the years have been confronted with the question
of the desirability or otherwise of local government. Various arguments have been advanced for the
need for local government. It has been argued that local people will understand the problems
confronting them more than other people and will be in better position to address the problems. In
addition, it is well established that people are prone to resisting impositions from above. Local
government therefore provides opportunity for people to determine who should govern them at the
local level. Finally, local government promotes personal liberty and participation of the people in
governance. This is particularly important as it has been documented that participation by citizens is not
only crucial for democracy and development but also that when citizens participate in the planning,
execution, utilization and assessment of social amenities of facilities designed to improve their welfare,
success of those efforts are assured Closely related to the above is the need to train people in the act of
governance. It has been argued that local government serves as training ground for leaders who will
subsequently move to State and federal levels. This is why local government has been described as
“nurseries of democracy”. This is particularly important in developing countries like Nigeria, which have
been under long years of colonial and military rule with very limited experience in democratic
governance. Local Government, according to the Federal Government of Nigeria, through the 1976 Local
Government Reforms, explained Local Government as follows:

“Local Government is Government at Local level exercised through representative councils established
by Law to exercise specific power within defined areas” (Government print: 1976).

The United Nations Office for Public Administration explained Local Government as: “A political division
of a nation (in a Federal or State system) which is constituted by Law and has substantial control of Local
affairs including the power to impose taxes to exact labour for prescribed purposes.

W. A. Robson, in the Encyclopedia of the Social Services, defines Local Government as involving: “The
conception of a territorial, non-sovereign community possessing the legal right and the necessary organ
to regulate its own affairs. This, in turn, presupposes the existence of a Local authority with the
power to act independently of external control as well as the participation of the local community in
the administration of its affairs”.

The Encyclopedia Americana, International Edition( 1978), volume 17, defines Local Government as: “a
political subdivision of national government or in the case of Federal Systems, a subdivision of
regional Government”.

The New Columbia Encyclopedia (4th Ed.), defines it as the: “sub-political administration of the smallest
sub-divisions of a country’s territory and population. Ugwu (2002) defines Local Government as “the
lowest unit of administration to whose laws and regulations communities who live in a defined
geographical area and with a common social and political ties are subject.

Though these definitions may tend to vary, yet they expose features characteristic of Local Government,
among which are that:

i. Local Government is government at the local level;

ii. It has its autonomous existence and endowed with a legal status;

iii. Specific powers are reserved for it;

iv. It can impose taxes and incur expenses;

v. it exists within a defined territory;

vi. It is seen as a distinct tier of Government;

vii. It must provide authority over a given population;

viii. It must provide avenues for the promotion of the welfare of the members of the community;

ix. It comprises elected members, such as chairmen and councilors.

Having listened so far to the definitions given above, at least , each one of us here present can say
something about what Local Government is, at least , the fact that it is the government closest to us at
the grass root level. And, as a matter of fact, may we now draw your attention to the origin of the word
“Local “. “Local” as a term is derived from Latin “Locus”, which means “place”. This understanding of the
etymological meaning of “Local” as “place” can further assist us in understanding Local Government as
the government of our immediate “place”, be it our town, group of villages or group of clans. Your local
government thus means the government of your place.

1.2 HISTORICITY OF LOCAL GOVERNMENT IN NIGERIA.

Modern discourse on the genesis of Local Government in Nigeria may be anchored on the 1976 Local
Government Reform, but the onto-genesis of Local Government dates back to the Indirect Rule and
Native Authority systems introduced by Lord Lugard and Sir Donald Cameron respectively. As a
matter of fact, Local Government in Nigeria underwent epochal transmutations. And the stages of
evolution of development of Local Government in Nigeria can be categorized into the following EPOCHS:

i. Indirect Rule system, Native Authority system/Local Administration (1900-1950s);

ii. Period of the introduction of British model of Local Government (1950-1956);

iii. The period of decline of Local Government (1960-1970s);

iv. Local Government during the Military regime (1966-1975);

v. The 1976 Local Government Reforms and Local Government in the Second Republic (1979-1987);

vi. Babangida Local Government Reforms (1985).

This epochal schema can again be regrouped into:

1. The colonial period: 1900-1960; and

2. Post colonial period: 1960-1976

COLONIAL PERIOD: 1900 – 1960

The definitive essences of this period were the systems of Indirect Rule (1891-1929), the Native
Authority (1931-1949), and the rise of Modern Local Government (1950 onward) then, Nigeria was
administered in three parts, namely;

1. The colony and the protectorate of Lagos with capital at Lagos administered by a high commissioner.

2. The protectorate of Southern Nigeria with capital at Calabar administered by a high commissioner;

3. The protectorate of Northern Nigeria with the capital at Zungeru administered by the Divisional
Officers (DOS) and Assistant Divisional Officers (ADO).

Indirect Rule: 1891-1929

By 1960, Nigeria had come to be recognized by other colonial powers as a British colony. This was a
consequence of British being the first to establish an occupation on the area by signing treaties of
protection with Nigerian rulers, and later by invading and occupying their territories. The desire to
achieve a total and effective control over the Nigeria area constituted the prime objective of British
colonial administrators in the early phase of their rule which lasted from 1900 to 1914 (Falola et al,
1991: 1). The Indirect Rule, in principle, was one of the non-violent methods adopted by Britain in ruling
her African colonies. Indirect rule in theory believed that the British were to rule Nigeria and other
colonies through indigenous rulers and institutions. This system gained some success in Western and
Northern Nigeria where the local institutions were prominent and well established. After the institution
of the council of chiefs in 1897, by the legal force of the Native Council Ordinance of 1901, native chiefs
were made presidents of council. In Eastern Nigeria, the indirect rule system did not succeed due to
non-existence of well-established local institutions.

Native Authority System:

In 1931, Donald Cameron, “Governor of Nigeria” (1931-1935) as he then was, established the Native
Authority system in Nigeria. Native councils instead of Native Courts became Native Authorities. Council
members were elected with the acceptance of the people.

However, this system was beset with a plethora of problems, ranging from poor performances, its
undemocratic proclivity, the alienation of the educated elite of the various native authority councils, to
the dominating role of European officers (District officers). A reform became an utmost necessity. And
from 1948 John Macpherson, “Governor of Nigeria” as he then was, aimed to establish democratically
elected Local Government Council.
British Model Local Government

Pursuant to the Local Government Ordinance of 1950, the local government system based on the British
model was introduced into southern Nigeria. Under the ordinance the whole region was divided into
urban councils, county councils and local councils. This had a ripple effect as the Local Government Law
of 1952 also introduced democratically elected councils in western Nigeria. In 1954 the Native Authority
Law was re-enacted to further modernize the native authorities (Ojong, 2002: 53). It is worthy and wise
to note that the active participation (participatio actuosa) of natives in local government councils
imbued in them the nationalist mood to agitate for independence, which came in 1960.

POST COLONIAL PERIOD: 1960 - 1976

The independence came in 1960, but the progress of Local Government was militated against mainly by
militarism.

Local Government Administration (1960-1976)

There came a decline in Local Government consequent upon the military intervention of 1966.
Moreover, there was reduction of Local Government source of revenue, a reduction in statutory grants
and loss of Local Government autonomy in financial affairs.

In the former Western region the Local Government (Amendment) Law of 1960 abolished the power of
the council to levy education and general rates on the basis of need (Ojong, 2002: 53). In the former
Eastern region, the civil war made Local Government to cease to exist temporarily. And even after the
war, the system could not recover its status quo ante (pre-existing status). Thus, a whole scale reform
was deemed almost too necessary.

The 1976 Local Government Reforms

The Federal Military Government embarked on extensive Local Government reforms in 1976. These
reforms, interalia, were:

a. There should be a Local Government council, which would operate through a uniform single tier
Local Government structure all over the country;

b. There should be a complete democratization of Local Government system and membership of the
Local Government was to be elected;

c. The abolition of provincial and divisional administrations;

d. The Local Government councils operated through chief executives;

e. The creation of 307 Local Government councils;

f. Provision was made for statutory allocation to be made to Local Government by both federal
and state Governments;

g. The establishment of Local Government service board, which takes the responsibility for recruiting,
posting, promoting and the discipline of senior staff in the Local Government.

The 1976 Local Government Reforms entrusted political responsibility to the people at the grass root
level. It also sought the social and economic development of and the effective delivery of service to the
respective local population scattered all over the country (Orewa and Oduwumi 2001: 22). There had
been subsequent Local Government reforms after the 1976 Local Government reform. These were:

i. The 1976 Guidelines for Local Government Reforms;

ii. The 1979 Constitution of the Federal Republic of Nigeria;

iii. The 1984 Dasuki Report of the Nigerian Local Government;

iv. The 1992 Handbook on Local Government Administration;

v. The 1989 Constitution of the Federal Republic of Nigeria;

vi. The 1992 Handbook in Local Government Administration;

vii. The 1999 Constitution of the Federal Republic of Nigeria.

These reforms did not deviate in substance and essence from the 1976 Local Government Reforms, but
rather derived from them. Thus the 1976 Reforms became the cradle, the genesis, the touch-stone, the
key-stone, the corner-store, the pillar, the rock, the fulcrum, the crux, the axis, the epicenter, the
quintessence, the groundwork, the foundation, the “fons et origo” (font and origin) of modern Local
Government Laws and practice in the Federal Republic of Nigeria.

1.3 THE STRUCTURE OF THE LOCAL GOVERNMENT UNDER THE 1999 CONSTITUTION OF NIGERIA

The Local Government Structure

Basically, the structure of the presidential system of Local Government at the grass root level consists of
the legislature and the executive, the judiciary being absent.

The Executive Arm

This consists of the chairman, vice chairman, supervisors and secretary of council. The chairman of the
Local Government council is the chief executive and accounting officer of the council. The secretary of
council and the supervisory councilors are appointed by the chairman of council.

The Legislative Arm

The Legislative arm of the Local Government council is composed of the leader of the council and other
councillors. The functions performed by the legislative arm are defined by law but essentially include:
a. Debating, approving and amending the annual budget of the Local Government;

b. Vetting and monitoring the implementation of projects and programmes in the annual budget of
the Local Government;

c. Examining and debating the monthly statement of income and expenditure rendered to it by the
Chairman of the Local Government;

d. Advising, consulting and liaising with the Chairman of council;

e. And performing such other functions that may be assigned to it from time to time by an edict or law
of the state in which it is situated.

There may be other theoretical Structurization of the Local Government. These can be categorized into
the;

Administrative Structure, where the Chairman, Secretary, Supervisory councillors and Heads of
Department are involved;

The Financial Structure where the treasurer and Auditor General of the Local Government are involved;

The Committee Structure where there are several committees such as:

i. The Financial and general purpose Committee

ii. Police and Community relations Committee

iii. Education Committee

iv. Works and Housing Committee

v. Health and Environmental services Committee

vi. Agriculture, Rural and Social Services Committee

vii. Financial and Economic planning Committee;

The Personnel Structure, headed by the head of Personnel. The Personnel Department is responsible for
the Personnel of all Local Government which acts in liaison with the Local Government Services
Commission, which is charged with responsibilities of staff discipline, welfare and training in the Local
Government.
Due to the concomitant democratic resonance of modern Local Government system, the political
structure of the local government tends to overshadow other structures and thus remains pivotally
significant.

1.4 LOCAL GOVERNMENT FINANCE

In his analysis of the society, Karl Marx was apt to submit that there are basically two principal
structures in the society, the first being the substructure and the second being the superstructure. The
first, sub-structure refers to the economic system, while the second, the super-structure refers to the
political system. The thinker went on to aver that the sub-structure controls the super-structure. Put in
other words, the economy of any given society dictates the political structure of that society. The U.S.A.
is the most vibrant economy in the whole world. Owing to this singular fact, the U.S.A. has almost the
best systems in terms of its polity, defense, education, etc.

Here, we intend to say that the finance of the Local Government can dictate the pace of the
administration of the Local Government. Surely, “the success or failure of the effectiveness or
ineffectiveness of any Local Government largely depend on financial resources available to the
individual Local Authorities and the way these resources are utilized”(Adedeji:1969:96).

The sources of Local Government revenue can be located under

1. External sources

2. Internal sources

The External sources of the revenue represent the revenue from the external sources as specified in
accordance with constitutional provision of revenue sharing between the Federal, State and Local
Government, namely:

a. Federal Statutory allocations in percentage (20-25%); monthly allocations of value added tax (VAT);

b. Statutory allocation which is 90% of total internally generated revenue of the State Government

c. Loans, bonds and debentures

The Internal sources are as follows:

a. Revenue from taxes and rates;

b. Licenses and fees;

c. Commercial undertakings;

d. General sources.
1.5 FUNCTIONS OF THE LOCAL GOVERNMENT

The Local Government system by democratically elected Local Government Councils is guaranteed
under the 1999 Nigerian Constitution, section 7. Based on this section 7, the 1999 Nigerian Constitution
provides for the functions of a Local Government Council under its Fourth Schedule. This schedule tends
to derive mainly from the Basic and Constitutional Transition Provisions (Decree 15 of 1987). Thus,
functions of Local Governments are categorised into

i. The Exclusive list; and

ii. The Concurrent list.

The exclusive list of functions is those functions that are solely performed by Local Governments, while
the concurrent lists of functions are those that the Local Government performs in collaboration with
State and federal Governments. The State and/or Federal Government can also perform these functions
on behalf of local Governments until Local Governments are in a position to perform such functions.

According to the Fourth Schedule 1 of the 1999 Nigerian Constitution,

The main functions of a Local Government Council are as follows:

(a). the Consideration and the making of recommendations to a State commission on economic
planning or any similar body on

(i). the economic development of the State, particularly in so far as the areas of authority of the
council and of the State are affected, and

(ii) proposals made by the said commission or body;

(b). Collection of rates, radio and television licenses;

(c). Establishment and maintenance of cemetries, burial grounds and homes for the destitute or infirm;

(d). Licensing of bicycles, trucks (other then mechanically propelled trucks), canoes, wheel barrows and
carts;

(e). Establishment, maintenance of and regulation of slaughter houses, slaughter slabs, markets, motor
parks and public conveniences;

(f). Construction and maintenance of roads, streets, street lightings, drains and other public highways,
parks, gardens, open spaces, or such public facilities as may be prescribed from time to time by the
House of Assembly of a State;

(g). Naming of roads and streets and numbering of houses;

(h). Provision and maintenance of public conveniences, sewage and refuse disposal;

(i). Registration of all births, deaths and marriages;

(j). Assessment of privately owned houses or tenements for the purpose of levying such rates as may
be prescribed by the House of Assembly of a State; and

(k). Control and regulation of:

(i). Out–door advertising and hoarding;

(ii). Movement and keeping of pets of all description,

(iii). Shops and kiosks,

(iv). Restaurants, bakeries and other places for sale

(v). laundries, and

(vi). Licensing, regulation and control of the sale of liquor

Under section 2 of the Fourth Schedule, the functions of a Local Government Council shall include
participation of such council in the Government of a State as respects the following matters:

(a). the Provision and maintenance of primary, adult and vocational education;

(b). the development of agriculture and natural resources, other than the exploitation of minerals;

(c). the provision and maintenance of health services; and

(d). Such others functions as may be conferred on a Local Government Council by the House of
Assembly of the State.

The Executive Committee Functions

As earlier indicated above, the executive arm of the Local Government is constituted by the Chairman,
the Vice-Chairman elected with him, the secretary and Supervisors appointed by the Chairman. The
specific functions of these key officers specified in the Handbook on Local Government (1999) are as
follows:

(a). The Chairman

The Chairman, as the Chief Executive and Accounting Officer, shall perform the following functions:

(i). He shall observe and comply fully with the checks and balances spelt out in the existing guidelines
and financial regulations governing receipts, and disbursement of public funds and other assets
entrusted to his care and shall be liable for any breach thereof;

(ii). His accountability shall not cease by virtue of his leaving office and he may be called upon, at any
time, even after leaving office, to account for his tenure as chairman.
(iii). The Chairman as chief Executive and Accounting Officer shall face periodic checks in order to
ensure full adherence to the finance (control and management), And to this end:

(a). All instructions relating to expenditure of public funds by the Accounting Officers shall be
in writing;

(b). All accounting officers shall be responsible to account to the public accounts committee for
all monies voted for each department and shall be peculiarly liable.

(c). The Chairman as Chief Executive and Accounting officer shall render monthly statement of
income and expenditure and annual reports to the Local Government Council for it to consider and
debate in order to ensure accountability and enforce the performance ethics. The format and content
of the annual report shall place emphasis on performance and concrete achievements of the Local
Government targets and output during the relevant year;

(d). The Local Government chairman shall render quarterly returns of the actual income and
expenditure of the Local Government to the State Government for onward transmission to the office
of the Vice-President of the Federal Republic of Nigeria with a copy to the Central Bank of Nigeria;

(e). The Chairman as Accounting Officer shall be bound by the provisions of any other rules,
regulations, guidelines, edicts and laws governing the roles and functions of a Chief Executive and
accounting Officer;

(f). The Chairman shall ensure the strict observance of the spending limits by all concerned;

(g). All reference to the secretary as accounting Officer in the financial Regulations and any
other rules, regulations, guidelines, edicts or laws shall be construed as reference to the chairman;

(h). The Chairman shall direct the officers of the Local Government and shall allocate
responsibilities to the Vice-Chairman Secretary and Supervisors at least once every week;

(i). The chairman shall hold meetings with the members of the Executive Committee of the
Local Government, i.e., Vice-Chairman, Secretary and Supervisors at least once every week;

(j). He shall maintain liaison with the Local Government Legislature and the leader of the
legislature in the interest of the Local Government;

(k). He shall countersign the annual performance evaluation report of the

heads of department of the Local Government which shall be initiated by the secretary to local
Government.

(b). The Vice-Chairman

The Vice-Chairman, who shall be elected with the Chairman of Local Government, shall be assigned
responsibilities for the administration of a department of the Local Government.

1. He shall act for the Chairman in his absence;

 2. The Vice-Chairman may be called upon at anytime, even after leaving office, to account for
his tenure as Vice-Chairman.

(c). The Secretary to the Local Government

The Secretary to the Local Government shall be appointed by the Chairman and shall hold his office at
the pleasure of the Chairman. He shall:

1. Serve as the secretary of the meeting of the Executive Committee of the

Local Government and keep the records thereof;

2. Coordinate the activities of the departments of the Local Government;

3. Liase, on behalf of the Chairman, with the Local Government Council

through the leader of the Council;

4. Liase with the secretary to the State Government and other necessary
State functionaries on State-Local Government relations; and

5. Perform such other duties as may be assigned to him, from time to time, by the Chairman.

(d). Supervisors

The Supervisors shall be appointed by the Chairman of the Local Government in consultation with the
Local Government Council. Each Supervisor shall hold his appointment at the pleasure of the Local
Government Chairman who appointed him or her and the supervisor’s tenure shall automatically remain
the discretion of the Chairman.

The functions of the supervisory councilors as the political heads are as follows:

(a). Political heads of their respective departments;

(b). Member of the finance and general purpose Committee which in effect is the cabinet to the Local
Government,

(c). Giving directives to executive heads of Local Government departments on general policy issues
only, but not on the internal management of the department;

(d). Assisting the Chairman to supervise the execution of Local Government projects within their
respective departments;

(e). Chairman of relevant committee i.e. their respective departments (such as Education, Works,
health, etc;

(f). Carrying out such other functions as Chairman or council may assign to them from time to time.

The Functions of the Legislature in the Local Government;

The Legislature comprises the leader of the council, the deputy leader and councilors. The legislative
powers vested in the Local Government Council are exercised by the bye-laws passed by its legislature
and assented to by the chairman.

The functions of the legislature in the Local Government include:

(i) Law making

The Legislature makes bye-laws. The list of matters on which a Local Government Council is expressly
empowered to enact bye-laws are contained in section 1 (a), (b) of the fourth schedule of the 1999
constitution for the exclusive list. The concurrent list of matters on which both a Local Government
Council and the State Assembly have powers to legislate on are on section 2 (a) (b) of the fourth
schedule.

(ii) Making Resolutions and Approval.

The council exercises its powers through resolutions and approval in relation to individual or specific
cases.

(a). A resolution to remove the chairman or leader of the council by a two third majority. This
function is distinct from the authority to make bye-laws, which have wide applicability in the area (Ojong
2002).

(b). The power to approve by a simple majority of the members of the council the nomination
of the Chairman of the Local Government, for the appointment of the Vice-Chairman of the Local
Government in case of vacancy by reason of death, resignation or removal.

(c). The power to approve the nomination of any one appointed by the Chairman of the Local
Government as Supervisor. (Ugwu 2000 Issues in Local Government and Urban Administration).

South Africa is not a federal state, but significant powers are devolved to the provincial governments.
The provinces’ names and boundaries are set out in the Constitution. There are nine provinces namely;
the Eastern Cape (EC), the Free State (FS), Gauteng (GT), KwaZulu-Natal (KZN), Limpopo (LP),
Mpumalanga (MP), the Northern Cape (NC), the North West (NW) and the Western Cape (WC).

The institutional design of provincial government is extremely similar to that of the national
government, with one of the main differences being that provincial legislatures are unicameral bodies.
The provincial legislatures, which consist of between 30 and 80 members – the exact number of seats,
except for the Western Cape, is set by the IEC based on provincial populations, are elected by closed-list
proportional representation (largest remainder method). The rules for membership, length of term,
circumstances for early dissolutions, quorums for decisions, parliamentary leadership and general
powers are broadly similar to that of the National Assembly. The lawmaking process, with the exception
being that there are no upper houses, is the same.
The provincial Premier is elected by the provincial legislature just like the President is elected by the
National Assembly. Provincial cabinets are known as Executive Councils, and provincial ministers are
known as Members of the Executive Council (MEC). There must be a minimum of five and a maximum of
ten MECs, appointed by the Premier (all from the provincial legislature). Like the President, the Premier
assents to and signs bills and has the same right to ask for the bill’s reconsiderations or, following
reconsideration, refer the bill to the Constitutional Court. Similarly, the Premier may theoretically be
removed from office through the same procedures as the President. Provincial legislatures have
legislative authority any matter over which a province has constitutional or national legislative authority
over. The provincial executives are responsible for implementing provincial and appropriate national
legislation, administering national legislation, developing and implementing provincial policy and
preparing and initiating provincial legislation.

Local government

Chapter 7 of the Constitution lays the theoretical foundations for local government in the RSA (Republic
of South Africa). Municipalities have “the right to govern, on its own initiative, the local government
affairs of its community, subject to national and provincial legislation” (Section 151.3) and the objects of
local governments are to provide democratic and accountable government for local communities, to
ensure the provision of services to communities in a sustainable manner, to promote social and
economic development, to promote a safe and healthy environment and to encourage the involvement
of communities and community organisations in the matters of local government.

MUNICIPALITIES OF SOUTH AFRICA AS OF 2011

Municipalities have executive authority over local government matters listed in Parts B of Schedules 4
and 5 of the Constitution. These functional areas include, among others, child care facilities; electricity
and gas reticulation; firefighting services; municipal planning; municipal health services; municipal public
transport; municipal public works; local amenities; municipal parks and recreation; noise pollution and
traffic. Section 229 of the Constitution allows municipalities to impose ‘rates on property and surcharges
on fees for services provided by or on behalf of the municipality’ and other taxes and levies if authorized
by national legislation. (source: Wikipedia)

The Constitution provides for the establishment of three categories of municipalities, which were
legislated for by the Local Government Municipal Structures Act (1998) and are established by provincial
governments. The three categories of municipalities, as at 2014, are Metropolitan Municipalities (MM),
Local Municipalities (LMs) and District Municipalities (DMs). There are 278 municipalities in South Africa,
comprising eight metropolitan, 44 district and 226 local municipalities. They are focused on growing
local economies and providing infrastructure and service. As directed by the Constitution, the Local
Government: Municipal Structures Act, 1998 (Act 117 of 1998) contains criteria for determining when an
area must have a category-A municipality (metropolitan municipalities) and when municipalities fall into
categories B (local municipalities) or C (district municipalities).

METROPOLITAN MUNICIPALITIES
The Act also determines that category-A municipalities can only be established in metropolitan areas.
Metropolitan councils have single metropolitan budgets, common property ratings and service-tariff
systems, and single-employer bodies. South Africa has eight metropolitan municipalities, namely:

Buffalo City (East London)

City of Cape Town

Ekurhuleni Metropolitan Municipality (East Rand)

City of eThekwini (Durban)

City of Johannesburg

Mangaung Municipality (Bloemfontein)

Nelson Mandela Metropolitan Municipality (Port Elizabeth)

City of Tshwane (Pretoria).

Metropolitan councils may decentralise powers and functions. However, all original municipal,
legislative and executive powers are vested in the metropolitan council.

In metropolitan areas, there is a choice of types of executive system: the mayoral executive system
where executive authority is vested in the mayor, or the collective executive committee system where
these powers are vested in the executive committee.

Non-metropolitan areas consist of district councils and local councils. District councils are primarily
responsible for capacity-building and district-wide planning. The Local Government: Municipal
Structures Act of 1998 provides for ward committees whose tasks, among other things, are to:

Prepare, implement and review IDPs

Establish, implement and review municipalities’ performance-management systems

Monitor and review municipalities’ performances

Prepare municipalities’ budgets

Participate in decisions about the provision of municipal services

Communicate and disseminate information on governance matters.

Metropolitan Municipalities are single-tier municipalities intended for cities/urban areas, centres of
economic activity with strong interdependent social and economic linkages in which ‘integrated
development planning is desirable’. Metropolitan Municipalities exercise all the functions of local
government within their respective areas. South African Metropolitan Municipalities are comparable to
England’s metropolitan boroughs (or unitary authorities, but South African MMs are only found in
conurbations) or Ontario’s single-tier municipalities.

The rest of the country is divided into a two-tiered system with district municipalities and local
municipalities. District Municipalities include several Local Municipalities, and both categories share
jurisdiction over local government functions in their respective areas. District Municipalities are usually
responsible for integrated planning, the bulk supply of utilities and services/amenities serving the area
of the District Municipalities as a whole.

The District Municipalities / Local Municipalities two-tiered system is comparable to England’s county
councils (divided into second-tier district councils) or the regional municipalities and counties in Ontario
which are composed of lower-tier municipalities. Since the 2011 local government elections (LGEs), the
entire area of the country is covered by either single-tier MMs or the two-tiered DM/LM system. Prior to
2011, some sparsely populated remote areas (national parks, nature reserves) were considered to be
District Management Areas (DMA), in which the District Municipalities had all the municipal functions
and powers. There are 44 districts and 226 local municipalities and all together we have 4,277 wards in
South Africa.

Each category of municipality has its own municipal council. The municipal councils of metropolitan
municipalities and local municipalities are made up, in equal proportion of councillors elected by closed
party-list proportional representation in the area of the MM/LM as a whole and councillors elected by
FPTP in single-member wards (rounded up in favour of ward councillors if the number of total seats is
uneven).Vacant ward seats are filled through by-elections.

The size of each municipal council varies, although LMs may have no less than 3 seats and no more than
90 seats while MMs may have no more than 270 seats. The City of Johannesburg, the most populated
municipality in South Africa, has 260 municipal councillors and 130 wards. Cape Town has 221 seats with
111 wards and eThekwini (Durban) has 205 with 103 wards. In comparison to other municipal councils in
the world’s largest cities, South Africa’s municipal councils are huge: the Greater London Assembly has
25 seats for a population almost two times larger than that of Johannesburg, New York City has 51
members on its council, Los Angeles’ city council has only 15 members. Even the city-state of Berlin,
whose population is roughly that of Cape Town, has ‘only’ 149 seats in its state legislature.

Municipal councils serve five-year terms, although they may be dissolved earlier in special circumstances
either by the council itself with a two-thirds majority or by the provincial government under certain
strict conditions. Local elections were last held in 2011, and prior to that in 2006 and 2000 (the
1995/1996 municipal elections were transitional, held prior to the final demarcation of new local
government entities). Under this cycle, LGEs are held two years after national and provincial elections.

The District Municipalities’ council is made up of appointed councilors from the local municipalities
which make up the DM and by members directly elected by voters in the local municipalities through
party-list proportional representation. 60% of the seats are appointed members from local
municipalities, with each local municipality represented roughly in proportion to their population and
the remaining 40% are directly elected by voters. Therefore, voters in local municipalities have three
ballots: local municipality ward, local municipality PR and district municipality PR.

Comparing Local Government System in Nigeria and South Africa

In terms of structure ALGON, SALGA, MM, DM, LM; Function; delivery of needed services;
accountability; good governance

PROBLEMS AND CONSTRAINTS OF LOCAL GOVERNMENT PERFORMANCE.

(Ojong 2002) highlights some factors that inhibit the performance of local government generally. This
paper extrapolates these factors; they are similar to the factors that hinder the performance of local
government in attaining the millennium development goals (MDGs). These problems, interalia, include:

1. Poor financial base and limited revenue

2. Limited autonomy, where, although constitutionally recognized, the federal and state governments
dominate over the local government through the state government offices of local government affairs,
the ministry of local government, and the local government service commission.

JAC Account: The local Governments were held ransom by the state Governments.

3. Leadership problem: this arises where the quality of leadership at both political levels is low.

4. Lack of basic social amenities such as power supply (electricity), transport and telecommunication
facilities.

5. Unqualified, inexperienced and unskilled staff

6. Corruption and misappropriation of funds.

7. Lack of accountability

Accountability entails compliance –that is, being held to account,

Transparency- that is, giving an account,

Responsiveness- taking account and demonstrating that you have considered

inputs.

8. Lack of local plans and weak programming capacity

9. Instability arising from interferences from the higher tiers of government, who distort their (local
government) powers, structure, leadership, finances and reduce their capacity to act on their own ,
thereby making them solely dependent.

In view of this plethora of problems, says Professor Adebayo Adedeji (2000 people centered Democracy
in Nigeria), “Local Governments have failed in three specific areas”:
a. Non-delivery of needed services

b. Lack of accountability; and

c. Inadequate models of good governance

These blames on the higher tiers of government by no means at all exonerate local governments from
utilizing the means at their disposal to attain the goals set out before them.

CONCLUSION

The history of local government in Nigeria and South Africa shows that there are problems of
governance issues. Over the years, efforts have been made to reform the local government system and
increase the participation of the people. Despite these reforms, there are problems with the local
government system. However, these problems are not unique to the local government. They are also
prevalent at the State and Federal levels. The present effort to single out the local government for
reform with pre-determined terms of reference smacks of military hangover and may actually lead to
democratic reversal in local governance. In order to consolidate the gains made in local governance over
the years and reposition local government for greater performance, there is the need to reform local
government along certain lines. First, local government as a third tier of government should not be
scrapped or changed to local administration. Rather, it should be strengthened and democratized.
Officials of the local government should always be elected and not appointed. Second, there is the need
to put mechanism in place to promote transparency and accountability at all level of governance. In this
regard, it will, be crucial to strengthen institutions of horizontal accountability and anti-corruption
bodies. In addition, civil society organizations particularly at the local level should be reoriented and
empowered to hold elected officials accountable. Moreover, there is a great need to reform the
structure of government at all levels (Federal, State and local government). All these will require a
comprehensive review of the 1999 Constitution. The Executive and legislature should display the
political will and commitment to reform the 1999 Constitution that has been criticized by all strands of
society. The reform of the constitution will address other issues that are germane to good governance
such as party financing, campaign financing and proper electoral system to mention but a few. Finally,
government should place premium on the participation of the people in all governance and
development issues. If all these recommendations are implemented, not only the local government
system but also other tiers of government will be in a better footing to deliver what Nigerians have
termed dividends of democracy.

However, we make bold to say that local governments in Nigeria have failed to deliver the needed
services partly due to the problems emanating from their area. Most local governments are yet to
initiate any actions towards the actualization of millennium development goals, which is one area that
planning activities is trying to address. Some may have started some actions without knowing that they
are working in line with the millennium development goals, partly due to their lack of exposure to the
existence of these goals. Let this issue discussed, be the mirror for Local Government Personnel,
Chairman, Councillors, and Supervisors to examine themselves. If I may ask the Honourable Chairmen,
Councillors, Supervisors, what has been there effort for the people in their local Government, wards,
towns, Clans and villages in the areas of poverty and hunger , in primary education, in promoting
gender equality and women empowerment, in the areas of health and in combating the scourge of
HIV/AIDS and malaria. Have they provided safe water for the people to drink? Have they fed the hungry
children and orphans walking down the streets?