THE UNIVERSITY OF ZAMBIA

SCHOOL OF HUMANITIES AND SOCIAL SCIENCES

DEPARTMENT OF GOVERNMENT AND MANAGEMENT STUDIES

NAME: JULIUS MATIMBA

COMPUTER NUMBER: 2022991087

COURSE CODE: PAM2021

TUTOR: MR. MALILA

TASK: ASSIGNMENT ONE

DUE DATE: 19th APRIL 2024

QUESTION:

CRITICALLY DISCUSS THE PERFORMANCE OF THE CURRENT LOCAL

GOVERNMENT ADMINISTRATION ACT DURING THE NEW DAWN GOVERNMENT OF
THE UNITED PART FOR NATIONAL DEVELOPMENT (UPND).
The essay aims to critically discuss the performance of the current Local Government
Administration Act during the New Dawn government of the United Party For National
Development (UPND). This essay will commence by defining key concepts and providing a
background of the dicussion, followed by a detailed main body, and a conclusion will be
presented at the end.

Local government can be described as small democratic bodies within a larger democratic
system. They have specific powers and money to provide services and manage the local area
they are responsible for. An example of local government is a city council that oversees the
running of a city, such as providing public services like garbage collection and maintaining parks
(Meyer, 1978: 10).

The Local Government Administration Act is a crucial piece of legislation that governs the
operations and functions of local government authorities in Zambia. It provides the legal
framework within which local governments operate, outlining their powers, responsibilities, and
organizational structures. The Act aims to promote good governance, accountability,
transparency, and efficiency in the delivery of public services at the local level.

The laws governing the operations of the local authorities have changed over time since the
country gained independence from Britain in 1964. The first Local Government Act—Local
Government Act (LGA) No. 69—was enacted in 1965, a year after independence, replacing the
Native Authority Ordinance which had been enacted by the colonialists prior to independence.
The Act outlined the authorized functions of all councils and the additional functions of
municipal councils such as the establishment of electricity supply in townships, agriculture,
grazing ground for animals, and forest control, among others (Sakala, 2014). The LGA No. 69 of
1965 was replaced 15 years later with the Local Administration Act (LAA) No. 15 of 1980,
which was designed to provide for a unified and integrated local administration system by
abolishing city, municipal, and township councils in both urban and rural areas (Sakala, 2014).
Most of these functions were then apportioned to district councils within the guidelines
stipulated by UNIP Party1 policies and programmes (LAA 1980: 1227). Due to the failure to
separate civil and political functions at the district level, however, the LAA No. 15 of 1980 was
repealed and replaced by the LGA No. 22 of 1991. This saw the re-introduction of many of the
provisions of the LGA of 1965, for instance the re-introduction of the mayoral system and the
delinking of the ruling party from all civil service and state apparatus.

The Act was yet again repealed and replaced with the LGA No. 2 of 2019 which places great
emphasis on the decentralization of decision making to local authorities. Successive governments
have pushed a decentralization agenda as a major policy goal without much success, though
decentralization can be important for a vast country with major regional disparities like Zambia.
First and foremost, it has the potential to improve service delivery as it ensures that governance
is brought closer to the people who themselves take part in decision making (Resnick et. al.,
2019). Secondly, it ensures that decisions are tailored according to the tastes and preferences of
those in the local authority (Wallace and Oats, 1998). Furthermore, decentralization also ensures
political accountability and greater citizens’ participation in the political process due to the small
nature of the jurisdiction (Resnick et. al., 2019).

Decentralization policies refer to deliberate strategies and initiatives implemented by

governments to transfer authority, resources, and decision-making powers from central
authorities to local or regional levels. These policies are designed to enhance local governance,
promote community development, and improve service delivery. Decentralization policies can
encompass legal reforms, institutional changes, financial allocations, and capacity-building
programs, all aimed at strengthening the ability of local governments or community
organizations to manage their own affairs effectively (Lolojih, 2003).

Assessing the performance of the current Local Government Administration Act during the New
Dawn Government of UPND requires a comprehensive evaluation of its implementation since
the when the new dawn government was voted into power. To start with, one key aspect to
evaluate is whether the Act has facilitated improved efficiency in service delivery by local
government authorities under the UPND government. This includes assessing factors such as
responsiveness to citizen needs, timeliness in service provision, and overall effectiveness in
meeting community expectations.

Despite repeated attempts to implement a decentralization agenda, various factors have impeded
the effective implementation of the agenda. These factors include an unwillingness to cede
autonomy to local authorities by the national or state government, and further conflicts between
national and local governments as the former aims to retain power and relevance in key policy
domains while the latter seeks greater autonomy, especially when devolution has been legally
implemented (Resnick et al., 2019). Another impeding factor has been the mismatch in
incentives between bureaucrats, who are concerned with job security and career fulfillment, and
politicians, who are interested in delivering for their constituencies and obtaining reelection
(Resnick et al., 2019). Politicians will often bypass formal procedures in order to gather votes
while bureaucrats will follow procedure and respect authority. In 2012, for example, the ruling
party legalized street vending, at least up to a time when alternative trading places would be
made available. This policy, however, came without regard of street trade management and
public health issues such as availability of toilets, clean water sources, and solid waste
management, among others. These factors remain major contributors as to why local authorities
remain constrained in their capacity to deliver developmental goods and services to the
communities they serve (Resnick et al., 2019)

Article 148 of the constitution of Zambia and the Local Government Act No. 2 of 2019 provide
for the establishment of Ward Development Committees (WDCs) and guides on the composition
of a committee and its functions. The guidelines are that WDCs should comprise of; elected
zonal representatives, representative of government departments which provide extension
services (agriculture, community development etc.), NGO representative, representatives of
marginalized groups (women, youth and disabled), Chief representative, Ward councilor, trustee
from the local authority, and gender focal point person as exofficio. However, studies revealed
that the composition of the WDCs in study wards did not conform to the guidelines as most of
them, had any of the representatives from government departments and marginalized groups like
the disabled and women. Most study wards cited lack of clarity on how the composition was
arrived at, with some indicating that members were just handpicked by councilors and not
elected as in the case of zonal representatives. Musole et al (2023).

Financial Irregularities. According to the guidelines, the WDCs are required to collect revenue
and that out of the total revenue collected, 10% of it should be given to the respective WDC.
However, the Council did not follow the guidelines as it did not remit the 10% of the collected
revenue to the WDCs. Such arbitrary behavior by the Council compromised the functionality of
WDCs as lack of financial resources was identified as a major constraint across study wards.
Irregularities were also observed in the area of procurement. The guidelines are that in any
procurement of goods and services, there must be authorized signatories both from the Council
and WDC. However, study findings were that this provision was in most cases ignored and
money was withdrawn by the council without the signatories from WDCs. A case for
procurement irregularities was a school project in Chikobo ward whose budget was formulated
in a collaborated effort between the Council and the WDC but when it came to execution, the
Council inflated the figures without the knowledge of the WDC. The practice weakened relations
between the Local Authority and WDCs as there was a lot of mistrust in the operations of the
Council. Musole et al(2023).

The most outstanding challenge cited in all study wards was the financial constraint which
affected the functionality of the WDCs. Despite the provision of the Constituency Development
Fund (CDF) which various wards could apply for to implement their developmental activities,
the fund was not enough as it was faced with competing needs from the wards, varying in
complexity and amounts required. For instance, the CDF allocation was 1.6 million for each
constituency which in the case of Keembe constituency, such an amount was to be shared among
21 wards. This lack of adequate resources affected the ability of most wards to implement their
programs. Chunga ward was an exception due to its wide revenue base as was mentioned earlier.
Chikulo (2009) argues that this lack of resources in local government has left significant gaps in
service delivery capacity and placed limitations on the extent to which stakeholders can
participate in development management. Musole et al(2023).

According to WHO (2002), community participation is understood as a process by which people

are enabled to become actively and genuinely involved in defining the issues of concern to them
in making decisions about factors that affect their lives, in formulating and implementing
policies, in planning, developing and delivering services and in taking action to achieve change.
In other words, people are supposed to be involved from the earliest stage of development
process as opposed to simply asking their opinion on project proposals that have been developed,
or for their contributions to the implementation of projects imposed from outside. The
revelations of the study is that participation was mostly when there were community meetings
for sensitization programmes like immunization or when community members were being
informed about a particular programme to be implemented by government. In other words, the
local people were mere recipients of services. Musole et al (2023).

In conclusion, the performance of the current Local Government Administration Act during the
New Dawn Government of the United Party For National Development (UPND) in Zambia has
been subject to critical evaluation, revealing both strengths and weaknesses in its
implementation. The Act, aimed at decentralizing decision-making and enhancing service
delivery at the local level, represents a crucial step towards fostering good governance,
accountability, and community participation. However, several challenges have impeded its
effectiveness.

One key aspect of evaluating the Act's performance is its impact on service delivery efficiency
by local government authorities under the UPND government. While decentralization
theoretically promises improved responsiveness to citizen needs and greater community
involvement in decision-making, practical implementation has fallen short. Factors such as
conflicts between national and local governments, bureaucratic inertia, and financial
irregularities have hindered the Act's ability to achieve its objectives fully. The mismatch in
incentives between bureaucrats and politicians, coupled with arbitrary behavior by some local
councils, has compromised the functionality of institutions like Ward Development Committees
(WDCs) and undermined public trust in local governance.

In light of these challenges, it is evident that while the Local Government Administration Act
represents a significant step towards decentralization and improved governance, its full potential
remains unrealized. Addressing issues such as financial irregularities, bureaucratic inertia, and
fostering genuine community participation will be essential for enhancing the Act's effectiveness
in promoting good governance and delivering services that meet the diverse needs of Zambian
communities. Only through concerted efforts to overcome these challenges can the promise of
decentralized governance be fully realized, paving the way for more inclusive and responsive
local government administration in Zambia.
 REFERENCE

Local Administration Act 1980. Schedule Part I, Items 7 to 6. Pp. 1227

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Musole Siachisa, Rabecca Shula, Stella Sibeso Mulima, Peter Rabson Nguluwe (2023).
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