Transcript Document

SHAPING AND TRANSFORMING
MUNICIPALITIES FOR
SUSTAINABILITY:
THE MDB PERSPECTIVE
02 OCTOBER 2013
IMFO CONFERENCE
Landiwe Mahlangu
Chairperson: Municipal
Demarcation Board
1
OUTLINE
o Dimensions of Developmental Local Governments
o Models of Local Government Boundary
Commissions
o Background about the Municipal Demarcation Board
in SA
o The Nature and Criteria of Municipal Boundary
Demarcation
o The Current Process of Re-demarcation
o Issues and Challenges
2
DIMENSIONS OF DEVELOPMENTAL
LOCAL GOVERNMENT
o Local Democracy
o Social and Economic Development
o Service Delivery
o Inclusive and redistribution
o Decentralisation and Subsidiarity principle
o Community Empowerment
o Governance and Accountability
o Constitutional recognition of Local Government
3
SOUTH AFRICA: FROM APARTHEID TO
DEVELOPMENTAL LOCAL
GOVERNMENT
o
o
Prior to 1994, South Africa was deeply divided along racial, social,
economic and spatial lines.
Under apartheid settlements were spatially, socially and economically
distorted. These spatial features contained:
 Four provinces and 10 “homelands”(bantustans), some of which
were highly fragmented;
 Each bantustan was required to develop into a separate nationstate with its own citizenship, separate national identity, culture and
language;
 The 1950 Group Areas Act geographically separated racial groups
outside the homelands in urban and semi-urban settlements.
4
FROM APARTHEID TO DEMOCRATIC LOCAL
GOVERNMENT
o At local level apartheid legislation led to the creation
of the 1 262 different local government structures,
including:
 R293 Black townships with their own administrations but
with no powers;
 Coloured and Indian Management Committees which
were advisory to White municipalities;
 Black Administration Boards which removed the
responsibility for townships from White local authorities;
 Community Councils with elected members but without
meaningful powers and resources;
5
HISTORICAL BACKGROUND
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KEY FUNDAMENTALS
o
o
o
o
Undo and Reverse apartheid geography
Advance Spatial transformation and spatial justice
Effect Integration: Wall-to-wall municipalities
Deepen Democratisation- Upholding electoral
equality
o Enable gradual realisation of developmental local
government
8
ROLE AND MANDATE OF MDB
Mandate and
Status
•
•
•
•
Established in 1999 as independent constitutional body.
Juristic Person that can sue and be sued
Perform its function without fear, favour or Prejudice
Funded by Parliament via a Government Department
• Members are selected by an independent Panel Headed by
two Judges, and appointed by the President
Selection and
Accountability
• Currently comprise of 10 members of which only the
Chairperson is full time,
• Administration Headed by CEO and staff of 25
• Answerable directly to Parliament by way of annual
reports and meetings.
• Members are expected to have knowledge;
experience; and qualification in local government
generally and in the following discipline; Development
economics; Integrated development planning;
Municipal finance and administration; GIS ; Transport
planning etc.
9
CONSTITUTIONAL AND LEGAL
FRAMEWORK FOR DEMARCATION
Constitutional
Provisions
and
judgement
• Sect. 155 (3) of the Constitution provides National legislation must establish a criteria
and procedures for the determination of municipal boundaries by on independent
authority
• Section 157(4) provides that ward boundaries must be delimited by an independent
authority
• The Constitutional Court Judgement on 15 October 1999 further confirmed the MDB
power to categorise the municipalities.
National
Legislation
• Municipal Demarcation Act , 1998 provides for criteria and procedures of municipal
boundaries as well as times frames and public involvement in the demarcation process
• Municipal Structures Act of 1998 (MSA) specifies for criteria for categories of
municipalities and Schedule 1 provides for the delimitation of wards
• Section 6 of MSA empowers the Board to declare/withdraw declaration of DMA
• Section 2 and 4 of MSA empowers the Board to determine whether an area must have
category A or B or C municipality
• S 84 of MSA empowers the Board to assess the Capacities of Municipalities and
propose reallocation and adjustment between the district and local municipalities.
Cabinet
Resolution
• Alignment of services delivery boundaries with the new municipal boundaries
• Abolishing of cross boundaries municipalities after PCC made that decision
10
KEY FUNCTIONS
Municipal
Boundaries
Capacity
Assessment
Advisory
Work and
Function
• Determination / redetermination Outer Boundaries
• Delimitation of Inner or Ward Boundaries
• Technical Adjustment /Alignment
• Categorisation of Municipalities ( Section 2 Structures Act)
• Declaration/Withdrawal of declaration of DMA
• Annual Assessment of Municipal Capacity to perform functions as
laid out in Schedule 4 b and 5 b of Constitution
• Recommends allocations and adjustment between Cat. B and C
Municipalities. Sec 84 and 85 of Structures Act.
• Alignment of service delivery boundaries
• Study to determine the abolishment of cross boundary
municipalities
11
MILESTONES
Rationalising the total
number of
municipalities
•During the period
1999/2000 the Board
successfully rationalised
the total number of
municipalities from 843
to 284. Six metropolitan
municipalities, 47
district municipalities
and 231 local
municipalities were
demarcated within a
period of some 15
months.
Capacity
assessments
Ward
delimitation
Successful local
elections were
held in 2000 and
2006 within ward
delimited by the
Board. For the
2000 elections
3754 wards were
delimited, and for
the 2006
elections 3895
•Annual capacity
assessments by the
Board empower the
MECs responsible for
local government to
adjust powers and
functions between
district and local
municipalities to
enhance service
delivery.
District
management
areas
The Board was
instrumental in
cleaning up
local
government
structures by
the withdrawal
of all
declarations of
district
management
areas over the
period 2005 –
2008.
Ending the era of
cross-boundary
municipalities
•As a result of the
disestablishment of
cross-boundary
municipalities, the
number of district
municipalities was
reduced from 47 to 46 in
2005.
Creating more
metropolitan
municipalities
•Special
investigations
were conducted in
2008 which led to
the recategorisation of 2
category B
municipalities into
Category a
municipalities. As
from the date of
the next local
elections in 2011
South Africa will
have 2 additional
metropolitan
municipalities
namely Mangaung
in the Free State
and Buffalo City in
the Eastern Cape.
Creating
credible
boundaries
for traditional
areas
•The Board
initiated, in
conjunction with
the Department
of Land Affairs,
the Department
of Water Affairs
and the
Department of
Provincial and
Local
Government, a
process to
create credible
TA boundaries.
This project is in
an advanced
stage.
CATEGORIES OF MUNICIPALITIES
o
o
o
o
The following three categories of municipalities are prescribed by the
Constitution:
 Metropolitan Municipalities (Category A)
 District Municipalities (Category C)
 Local Municipalities (Category B).
Category A: A municipality that has exclusive municipal executive and
legislative authority in its area.
Category B: A municipality that shares municipal executive and
legislative authority in its area with a category C municipality within
whose area it falls.
Category C: A municipality that has municipal executive and legislative
authority in an area that includes more than one municipality.
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CRITERIA: DEMARCATION
OBJECTIVES (SEC 24 MDA)
It states that when a Board determines a municipal boundary its objective
must be to establish an area that would:
enable the municipality for that area to fulfil its
constitutional obligations, including:
A.
i.
ii.
iii.
iv.
B.
C.
D.
the provision of democratic and accountable government for the
local communities;
the provision of services to the communities in an equitable and
sustainable manner;
the provision of social and economic development; and
the provision of a safe and healthy environment.
enable effective local governance;
enable integrated development; and
have a tax base as inclusive as possible of users of
municipal services in the municipality.
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CRITERIA: FACTORS TO
CONSIDER (SEC 25)

A.
B.
C.
D.
E.
F.
G.
Section 25 lists the factors that have to be taken into account when determining municipal
boundaries.
the interdependence of people, communities and economics as indicated by :1. existing and expected patterns of human settlement and migration;
2. employment;
3. commuting and dominant transport movements;
4. spending:
5. the use of amenities, recreational facilities and infrastructure; and
6. commercial and industrial linkages.
the need for cohesive, integrated and unfragmented areas, including metropolitan areas;
the financial viability and administrative capacity of the municipality to perform municipal
functions efficiently and effectively;
the need to share and redistribute financial and administrative resources;
provincial and municipal boundaries;
areas of traditional rural communities;
existing and proposed functional boundaries, including magisterial districts, health, transport,
police and census enumerator boundaries
15
CRITERIA: FACTORS TO
CONSIDER (SEC 25)
H.
I.
J.
K.
L.
existing and expected land use, social, economic and transport
planning;
the need for co-ordinated municipal, provincial and national
programmes and services, including the needs for the
administration of justice and health care;
topographical, environmental and physical characteristics of the
area;
the administrative consequences of its boundary demarcation on:
1.
municipal creditworthiness;
2.
existing municipalities, their council members and staff; and
3.
any other relevant matter; and
the need to rationalise the total number of municipalities within
different categories and of different types to achieve the
objectives of effective and sustainable service delivery, financial
viability and macro-economic stability.
16
CRITERIA FOR METROS (SEC 2
STRUCTURES ACT)
o An area must have a single category A municipality if that area can reasonably
be regarded aso (a) a conurbation featuring– (i) areas of high population density;
– (ii) an intense movement of people, goods, and services;
– (iii) extensive development; and
– (iv) multiple business districts and industrial areas;
o (b) a centre of economic activity with a complex and diverse economy;
o (c) a single area for which integrated development planning is desirable; and
o (d) having strong interdependent social and economic linkages between its
constituent units.
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SUMMARY: FACTORS TO CONSIDER IN
BOUNDARY DETERMINATION
SocioEconomic
• the interdependence of people, communities and
economies as indicated by:- human settlement, migration,
employment; commuting, spending; amenities;
infrastructure
Capacities
• need to rationalise the total number of municipalities,
the need to share administrative resources ;institutional
capacities of existing municipalities;
Viability
• Financial viability, need to share and distribute financial
resources; credit worthiness of municipalities; macroeconomic stability
Functionality
• provincial, municipal boundaries;magisterial districts,
voting districts, Traditional Authorities; health, transport,
police, traditional areas, census enumerator boundaries
etc.)
Planning
• Land use; social, economic and transport planning; Intersphere co-ordination and programmes and services ;
need for administration of justice and health care.
INITIAL REORGANISATION: 2000
GUIDING PRINCIPLES
o Capacity Development
Objective was to develop a critical mass of municipal capacity
(staff, assets, finances)
o Resource Sharing
Combine stronger and poorer areas as to achieve a sharing of
resources
o Manageable Size
Indicators of 3500 square kilometres and 80 000 people were
suggested as norm
o Functionality
Alignment of transport routes and physical features
o Created 232 (now 231) local municipalities
19
FIRST RE-ORGANISATION GUIDING
PRINCIPLES
o Little guidance in legislation on District municipalities
o MDB suggested 4 principles in 2000
 Functional linkages showing a coherent social and economic base
e.g. spending patterns, sectors of economic activity
 Districts should not be too large-radius of 50-100 kms
 Population of at least 100 000 persons
 Should contain 3-7 local Municipalities
 46 Districts (now only 44) and generally very large in size
o Metropolitan Municipalities
– Well established urban Centres
– Nodal Approach
– Created 6 ( now 8)
20
Current situation
Number of Local
Municipalities
Number of
District
Municipalities
Number of
Metropolitan
Municipalities
2000 Situation
231
47
6
2006 Situation
231
46
6
2011 Situation
226
44
8
2016 Situation
?
?
?
.
22
FOCUS AND OUTCOMES OF THE PAST
REVIEW ON MUNICIPAL BOUNDARIES
o For the 2000 local elections the main focus was on the
rationalisation of the total number of municipalities;
o For the 2006 local elections the focus was on dealing with
disestablishment of cross boundary municipalities
o For the 2011 local elections the local government system
was cleaned up by removing district management areas,
and demarcating 2 additional metros
o The current process will focus on Sustainability and
Participation in the Demarcation Process
23
APPROACH IN REVIEWING
BOUNDARIES: POST APARTHEID
o MDB undertook a study on the precise meaning the criteria both
the general criteria and metro criteria, develop indicators
benchmarks and thresholds
o Evaluation the Capacity assessment model of the to increase its
utility and coverage
o Examine the impact of size on viability of municipality
o Simplified and classified types of boundary re-determinations into
three types boundary reviews
o Expanded the stakeholder consultation and involvement process
o Board will conduct a number of micro-spatial assessments/
studies to determine the feasibility of various types of
municipalities.
24
o
TYPES OF RE-DETERMINATION AS PER
CIRCULAR 2/2011 (ALSO SEE EXAMPLES AS
PER MAP SLIDES)
Type A - Technical and minor boundary re-determinations: This re-determination
entails a small scale boundary adjustment and/or alignment with a minor impact on
the geographic area, and with a negligible or no impact on the number of voters,
and on the capacity of the affected municipalities. The outcome of this
redetermination is the correction and/or alignment of a municipal boundary with
physical or natural features such as roads, rivers, and mountains; or cadastral
boundaries (parent farm boundaries) or a combination of the two. Alignment to
cadastre may be necessary where, for purposes of property valuations and rates, a
property has to be under the jurisdiction of one municipality rather than being split
between two or more municipal areas.
o Type B – Consolidation and Annexations: This is a medium scale boundary redetermination that may impact on a sizable geographic area, and number of voters
in one or all the municipalities affected. This type of determination may impact on
ward arrangements but will not, or will not materially, impact on the capacities of the
affected municipalities to deliver services. The outcome of this type of boundary
adjustment is the correction of boundary anomalies that affect service delivery, and
to promote integrated communities and economies.
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TYPES OF RE-DETERMINATION AS PER
CIRCULAR 2/2011 (ALSO SEE EXAMPLES AS
PER MAP SLIDES)
o
Type C – Amalgamation and Categorisation: This type of re-determination entails a major and
large scale municipal boundary re-determination which will have a significant impact on the
geographic areas, the number of voters, and the capacities of the affected municipalities. The
outcome of this type of re-determination includes the merging of adjacent municipalities; the
splitting of municipal areas to create municipal areas which will result in that the responsible MEC
will need to disestablish an existing municipality or municipalities, and establish a new municipality
or municipalities. Also included in this type is the categorisation of metropolitan municipalities
with or without boundary changes. This type of request requires extensive motivation and a
significant amount of supporting evidence. Where a request is submitted for the categorisation of
a municipality into a metropolitan municipality, such a request must satisfy the criteria outlined in
Section 2 of the Local Government: Municipal Structures Act, 1998, in addition to the criteria set
out in section 24 and 25 of the Local Government: Municipal Demarcation Act, 1998. Attention is
also drawn to the fact that the MDB may determine that an area must have a category A
(metropolitan) municipality, only after consultation with the National Minister responsible for
local government, the MEC for local government in the provinces concerned and SALGA.
26
BOUNDARY DETERMINATION PROCESS: EXAMPLE
OF A MINOR CHANGE – TYPE B
27
BOUNDARY DETERMINATION PROCESS: EXAMPLE
OF A MAJOR CHANGE – TYPE C
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Municipal Boundary
Redetermination and Review
A
•
•
•
C
B
B
•
B
LOCAL
GOVERNMENT
ELECTIONS
•
Municipal Territory Boundary Review
Outcome possibilities
• Re-alignment and adjustment
• Consolidation and Annexation
• Amalgamation and recategorization
Reviewed Munic boundaries handed to IEC
IEC delimit voting districts and register voters
National common voters roll divided into
municipal segments by IEC
National and Provincial Elections takes place
Ward Delimitation Process
Minister determine the formula
MEC determines No. of councillors
MDB delimits wards: Norm is used and 15%
deviation is allowed.
Final wards to IEC to prepare voters roll and VD’s
for Local Elections
Broad process and timeframes
Prepare for
local
within current legal
framework:
Delimit wards
elections
2011 - 2016
Re-determine municipal
boundaries
2016
2015
2013
2015
2014
2013
201
1
2012
Consultation and legal process
June 2011 to Oct 2013
Consultation and legal process
Nov 2013 - June 2015
IEC process
July 2015 - April
2016
INTERNATIONAL COMPARATIVE
STUDY
o Census geography created by the Census or Statistical Offices in Canada,
the USA, and Australia use, to a degree, municipal boundaries as guides to
developing and altering statistical spaces, such as census tracts, and
enumeration areas
o Overall, most of the key jurisdictions require municipal boundary reform to
occur in-conjunction with the establishment of an urban growth
management plan. Usually the growth management plan comes first and
establishes the principles and criteria by which municipal boundaries can
and should be altered.
o Watershed / catchment boundaries are emerging as a key environmental
variable used to demarcate an appropriate spatial scale to tackle
environmental and ecological planning problems and issues.
o Jurisdictions that have undertaken sweeping boundary adjustments (e.g.,
amalgamations) have also instituted reporting for all new local governments.
Such reporting mechanisms may help to determine the impact of boundary
changes on the performance of municipal governments
o The question of municipal viability, stability, and sustainability is being
grappled by a number of the key jurisdictions. There are a number of
published indicators that can be reviewed and applied.
31
INTERNATIONAL COMPARATIVE
STUDY
o The following preliminary findings from the sampled jurisdictions regarding
boundary demarcation:
o Commuting patterns are one of the most common attribute that defines a
metropolitan area, or that of a large municipality; i.e., the relationship
between where residents live and where they work. In general the higher
the proportion of the resident population that is commuting to work from
another municipality strongly suggests ties that could bind two or more
municipalities into one functioning governmental unit.
o There is an almost universal boundary criterion that areas added to a
municipality must be contiguous with the existing territory;
o The reform of municipal boundaries in many jurisdictions has been
premised on the assumption of cost savings and gains in local service
delivery. In general this has been achieved eliminating smaller and/or
more rural forms of local governments. But little or no academic/empirical
support for this assumption
o Boundary adjustments have long been used to advance to provide from a
more equitable property taxation regime across the entire city-region.
o Existing municipal boundaries are commonly used as building blocks for
the creation of regional, metropolitan boundaries or uni-cities
32
MODELS OF LOCAL GOVERNMENT
BOUNDARY MANAGEMENT
o
o
o
o
o
o
o
o
Constitutionally Independent Authority
Quasi-Judicial Bodies
Limited Mandate to Boundary Matters
Broad Mandate Include other related matters
Permanent Bodies or Adhoc
Self Regulatory Association
Part of Election Management Bodies- Semi-independent
Part of Executive or State Department
33
ISSUES AND CHALLENGES
o Demarcation and Re-demarcation is still misunderstood
o Viability of Municipalities is undermining their constitutional
obligations
o Districts have not lived to expectations
o Ongoing debate about optimal Municipal size
o Most poorly performing Municipalities are in former
Bantustan/homeland areas.
o Transformation and integration objective still to be realised.
There is evidence of rescaling of white spaces
o The legitimacy of the “invited spaces” for public participation are
increasingly questioned
o Lack of data at granular level
34
ISSUES AND CHALLENGES
o Consolidation or fragmentation
o Using functional vs Cadastral Boundaries
o Usefulness of administrative Boundaries
o Static vs dynamic research on cities function
o Rural vs urban- debate –policy gaps
o Municipal Performance vs Municipal structure
o Stability vs. refinement and changes
35
CONCLUDING THOUGHTS
“When all is said and done, more is often said
than done”
36