3. The Delivery Mechanisms
Many provincial and national departments are evolving plans for structures and
processes that will allow primary and district local authorities to play their proper
role in rural development. However, it is not yet dear when these bodies will
become functional in rural areas, even if their role were clear. In addition, people in
rural areas have little experience in local decision making, even in transitional local
councils, since these could not be set up in time. Despite this delay, development
efforts have to be stepped up, and the RDP ethos is that such processes must have
community authority behind them. There are three requirements in this: that the
shape of future local authorities should be clear, that transitional processes and
structures should be flexible enough to adapt to the final form of local authorities
decided upon; and that we should not set up competing transitional or civil society
structures in the interim in the hope of capturing 'community' mandates.
To meet the wide range of needs in highly variable geographic and demographic
conditions, and to ensure control as dose as possible to communities, local
government has been developed as a two-tier system. While the exact development
varies by province, since local government is a provincial competence, provinces
have agreed to the following:
- Rural local government will be:
- The elected structures described below that will take ultimate responsibility for
service delivery,
- The structures with which CBOs will interface in determining needs and setting
priorities. Here we call them coordinating committees, but they have different
names in different provinces. They consist of elected councillors and supporting
bureaucrats, community representatives from local Forums, local business
representatives, and other stakeholders. The committee is the interaction of elected
councillors and civil society that gives them legitimacy, and access to other levels
of government.
- The bodies that will mediate competing interests in resource management, project
planning or the provision of services; in particular this role will fall to the district
level, where the priorities for the district are set and funding negotiated;
- The local bodies with integrative functions across the sectoral concerns of
different provincial and national departments, who can follow through requests for
funding or implementation to the appropriate provincial and national bodies; of
which the most important will be the Provincial Interdepartmental Committee,
chaired by the Provincial Director General;
- The bodies with responsibility to ensure that the needs of unorganised local
people are also accounted for, through the employment of Community
Development Facilitators. This responsibility of rural councils will have to be
covered by the District Councils until the lower tier is organised and active.
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It is strongly recommended that the National and Provincial Service Commissions
redeploy Community Development Facilitators to council structures, to District
Councils initially, and then to Local Councils as they are developed. They would be
responsible to the Council Secretary, with a career structure within the Provincial
Department of Local Government.
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- At the most local level in rural areas then will be the following primary local
authorities:
- Rural Councils, including, initially, various transitional forms;
- Municipal Councils; and
- Elected boards and committees (for water or health, for instance) which may or
may not be subsumed directly into the councils over time.
- At a wider level will be rural District Councils, called Regional Councils or
Service Councils in some provinces, with directly elected members as well as
indirectly elected representatives from each local council. In some areas the District
Councils subsume the old Regional Service Councils and Joint Services Boards.
These provide the embryo of a district bureaucracy to serve the District Council, but
have much to learn about service delivery since this was mostly contracted out in
the past. The old RSC/JSB levies become an income source to the District Council.
- Traditional leaders have ex-officio membership of local councils in their areas.
Local authority structures will form the crucial first link with communities, and
thus form a part of the vision towards which we strive, while their initial
inadequacy forms a part of the reality we must encompass as communities
endeavour to put their needs onto the development agenda.
Local authorities will receive income from property taxes, levies, service charges
and revenue sharing funds from the provincial and national government. They can
also use their revenue base as well as revenue sharing funds as leverage for
borrowing directly from the capital markets or indirectly through the appropriate
development finance institution such as DBSA, for capital outlays. Revenue
sharing funds will be allocated to districts on indices determined by the Financial
and Fiscal Commission, and are meant to favour areas with a Lover revenue base.
This is important for effective rural development, given the known link between
available discretionary funds at a local level, and the appropriateness and speed of
rural development. For the same reason, funds and functions should be devolved
from the district councils to primary local authorities as soon as feasible.
However, the main work of local government, of planning, providing services,
prioritising and implementing infrastructure development, and working with other
stakeholders to evaluate and plan local economic development, will be carried out
at the primary local government level as the necessary capacity is created. Political
negotiations have started at national and provincial levels to set up the exact
functions and responsibilities of each tier, and to work out their relationships. It
seems likely, however, that the following functions will be allocated.
Primary local councils in rural areas will:
- Take responsibility for providing access to basic services including
administration, planning and evaluation, local roads, refuse and sewerage
removal, water and sanitation, electricity, storm water drainage, primary health
services, protection and emergency services, security, transport, cemeteries,
libraries and museums, and recreation facilities;
- Take responsibility for development through interaction with all stakeholders in
setting priorities for access to affordable services; infrastructure development;
and local economic development;
- Identity local needs and motivate for funding to meet those needs, from the
District Councils and other sources.
District Councils will:
- Facilitate delivery of services and infrastructure development, but not supply
services unless the primary local government bodies are unable to do so;
- Establish and support primary local government structures, initially in
conjunction with the provincial government;
- Act as a conduit for the intergovernmental grants provided by provincial
governments;
- Appoint and employ personnel who will serve more than one primary local
government;
- Be responsible for training councillors, officials and stakeholders on the
coordinating committees, in conjunction with the 14 Local Government Training
Centres and other contracted bodies;
- Set guidelines on minimum levels of services that will apply throughout the
district within the framework established by national and provincial
government;
- Set basic standards for services that should be allowed to differ in different
areas;
- Establish where certain services should only be provided within one primary
local government body, for access by all people in the district (and set financing
rules thereof)
- Provide technical assistance to primary local government for the planning of
local economic and infrastructure development, and service provision.
At a local level, organised groupings can lobby local councillors
directly or through the coordinating committee for funding to
improve service delivery or infrastructure. After negotiation at
the local coordinating committee, requests for project funding or
infrastructure development will pass through the local council to
the District Council. The District Council can look to its own
funds for projects and for infrastructure development, but has to
first meet its responsibilities to provide services. They can also
approach the appropriate provincial or national department. (Often
called an RDP committee or local development committee).
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The coordinating committees bring together stakeholders in the community to
- Access the local situation-
- the resources and their limits
- the opportunities for increasing sustained for increasing sustained exploitation
of local resources (land, water, mining, tourism)
- Carry our needs analysis among all, but especially the poorest, groups in the
community
- Negotiate with all groups in the community
- Prioritise Improvements in service delivery
- Examine the priorities for human resource development
- Prioritise Infrastructural development
- Create partnership in a plan for the next few years
- Examine funding options
- Create the conditions for local economic development
- the opportunities to increase local employment
- the opportunities to promote small, medium and micro enterprise
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Requests from the coordinating committee can also go to a donor or parastatal
organisation. Local and foreign donors, parastatal or statutory bodies, or any
government body should look to the committees for guidance on local priorities to
ensure that funding is channeled towards meeting the accepted needs and goals of
each community.
While in the short term additional funds from the RDP Fund will be available to
speed infrastructure development and improve services, such funds will pass
through the same channels as normal government funding. Once there has been
agreement to a project, its implementation might be carried-out by many different
levels Of government, such as national departments, provincial departments, or
local government itself. Any of these would either do the work itself, or contract a
private sector company, or - better still - contract a small or medium scale
enterprise. AU implementation should be as labour intensive as possible, and the
local council should seek to ensure that local labour is used, in order to increase
local employment opportunities.
Effective delivery and development by district and local councils requires effective
funding. In poor rural areas the major issue is to motivate for government funding,
and also to plan for affordable services and infrastructure. The danger of transfers,
however, is that the higher level of government will set conditions that limits the
ability of lower levels of government to meet local needs. It is therefore important
to rural local authorities that revenue sharing funds are allocated on uniform
criteria such as poverty indices.
Local government will also be encouraged to raise funds. Currently, rates and RSC
levies represent the only significant examples of fiscal decentralisation in South
Africa.
RSC levies, which will accrue to District Councils in rural areas, are problematic
in that they are distortionary taxes which, by taxing turnover and employment, tend
to inhibit economic activity. However, RSC revenues now include a small
proportion of the fuel levy. This is in easy, efficient and non-distortionary tax,
whose local proportion could be raised. Such indirect transfers are compensated by
a reduction in the level of direct transfers required.
Deep suspicions remain in civic and development organisations towards local
government, and these are likely to remain after local government elections. The
new councillors and officials working in local government structures will therefore
have much to prove. However, this distrust cannot be allowed to be used by local
development forums to avoid collaboration with local government structures. In
the interim, many communities are applying directly to provincial departments to
meet their needs. This is problematic as provinces have capacity problems, so local
government structures must be put in place quickly, and made operative.
This devolution is also required for closer democratic control and
coordinated cross-sector planning and service provision. One major
goal of local government must be to reduce the fragmentation of
service delivery, for it is the only level of government which can
provide local coordination of sectors. National and provincial
sectoral departments will be able to foster this coordination and
local control of services through interaction with civic
structures, elected structures, and management structures.
Traditional authorities have an opportunity to create consensus around local
development strategies, and thus to promote stability, social equity and upliftment.
Social stability can be crucial to positive change, but it can also be used to prevent
change. The transitional Constitution recognises the role of traditional authorities,
and for their ex-officio representation on government structures. At local
government level, they will not make up more than 10 per cent of any council. The
councils will profit from their role in unifying communities around local concerns.
Traditional leaders can also advise local councillors of the implications of
decisions in terms of the customs and values of traditional communities.
While traditional leaders can contribute much, it is essential that they are not
regarded as responsible for providing local government services. In the past, where
they were often given this responsibility without the resources to implement them,
their authority was undermined. This often brought them into conflict with CBOs.
Traditional leaders will contribute more if they maintain a position of non-partisan
protector of their community. At the same time, they may require capacity building
around local government, the Constitution (for instance the requirements on gender
equality), and broad development issues.
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Many traditional functions of the amakhosi are integral to the sustainability of rural
development. These include convening community meetings to consult on needs
and priorities and to provide information; presiding over traditional courts to
maintain law and order, and resolving disputes. The latter will increasingly be
needed, as development inevitably gives rise to conflict. Also, if some
communities choose to continue to vest their land allocations in the office of the
traditional leader, he or she will have a vital role to play in land development.
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