WHAT AOUT THE LOCAL GOVERNMENT?

What about the local governments? This is a pertinent question that has to be asked at this time when the new regime is working hard to rectify the governance errors committed by the predecessor. As per Barak Obama’s use of words, it is trying to clean up the mess created by the previous administration.

We need not overemphasize the importance of local government by citing elite scholars on matters such as strengthening of good governance at a local and community level or that it is a medium of local development through a system of accountable, participatory and representative leadership at grass root level. All we need to do is revisit our decentralization policy as was adopted in 1998.

The objectives of the policy were among other things, to create a democratic environment and institutions for governance and development at local level with grass root people’s participation in decision making; to promote accountability and good governance on that level to reduce poverty; and to mobilise locals for social economic development. The policy was translated into law by inserting relevant provisions into the constitution and enactment of the Local Government Act of 1998.

Is it relevant then, to ask if that intent of the policy has been fulfilled? All that is known is that Malawians have been denied the right to be represented in their community politics and rightful involvement in developmental quest. It is a fact that people’s participation in decision making at a grass root level has been denied unfairly and unjustifiably. It is a further fact that local development as envisaged by the policy has not made any meaningful strides. What is next then?

Do we need to ask much, at this stage, as to what has been the cause of this unfair and irrational denial of local democracy, accountability of local authorities, people’s participation and development? It is a well known fact that those in power have tended to disregard the dictates of the constitution, making the intent thereof and the people who sat down to to put together a policy and enact the law to seem like a mockery. It is in the public knowledge that amendment of the law as regard local government has never been actuated by need of improvement of the governance system nor has it ever been based on research and systematic consultations. It was rather a short-sighted decision of a few people juggling with a power stick. A clear case of a few individual insisting to be wiser than the law and the common good it was meant to serve.

It may not be necessary to recall that in the late 1990s, after the adoption of the decentralization policy, the people power (mphavu ku anthu) slogan was highly propagated. But it should be shamefully noted that the power has never been given to the people at all. Whatever was promised has been denied outright. These are local governance anomalies created hitherto the new change and clean up policy.

We do not need to be specific in mentioning that it made all reasonable sense, as originally provided in the initial local government legislation, that the chief executive office should be appointed by the council itself as an independent entity. The arrogance actuated amendment changed that to subject the chief executive appointment to the power of a minister. This was made without any regard to the need for political independence of the office. It was, however, an irrational decision aimed at closing the gap created by getting rid of councillors due to postponement of elections.

Again it need not be mentioned that the constitution provides for existence of a body known as the Local Government Service Commission which has been mandated with appointment powers of directors of the councils and some power to make rules of discipline. The powers that were have, for such a prolonged period, decided not to appoint any. The local government system, which is the backbone of our economic and democratic development has been crippled and made dysfunctional.

In that vein, as the mess is generally being cleaned, and as the errors are being rectified, we need not talk much. It is just hoped that the right thing will be done and that the hopes will not be betrayed further. But as many issues are being put on the table for such a cleanup and the issue of local government seems missing, it is in the right to ask; what about the local governments?