Definition and Introduction
Local government refers collectively to administrative authorities over areas that are
smaller than a state. The term is used to contrast with offices at nation-state
level, which are referred to as the central government, national government, or
(where appropriate) federal government. "Local government" only acts
within powers delegated to it by legislation or directives of the higher level
of government. (Wikipedia Encyclopedia).
Common names for
local government entities include state, province, region, department, county,
prefecture, district, city, township, town, borough, parish, municipality,
shire and village.
For administrative
purposes, Tanzania is divided into regions; on the mainland, on Zanzibar, and
on Pemba. Districts have been created to further increase local authority.
These districts are also now referred to as local government authorities. The
urban units are classified further as city, municipal, and town councils.
Historical Perspective of Local
Government in Tanzania
The mainland Tanzania
has a long history of functioning local government, starting with the Native
Authorities Ordinance in 1926. There was a ten year break, as in 1972 the local
government was abolished and replaced with a direct central government rule.
The reintroduction of the local government occurred in the beginning of the
1980s (1982) when the rural councils and rural authorities were re-established.
Local government Elections took place in 1983 and the establishment of
functioning councils in 1984. In 1993 the one-party political system was
abandoned and replaced with a multi-party system of government, the first
multi-party elections taking place in 1995. Following the liberalization of the
political field, was a major public sector reform, which included a Local
government Reform Programme (LGRP). The LGRP covered four areas: political
decentralization, financial decentralization, administrative decentralization
and changed central-local relations, with the mainland government having
over-riding powers within the framework of the Constitution.
This process of local
government reform (already face out). It aims to promote democratic, accountable
and autonomous local government authorities, with wide discretionary powers and
a strong financial base.
In the case of
Zanzibar, the 1964 revolution not only abolished the Monarchy but also did away
with the separation of the legislature, the executive and the judiciary, fusing
all their functions into a revolutionary council. Since the promulgation of
Zanzibar's first post-revolution constitution in 1979, Zanzibar has, however,
passed various pieces of legislation on local government. At the moment,
Zanzibar is developing a programme for local government with the assistance of
the United Nations.
LEGAL FOUNDATION OF LOCAL GOVERNMENT
AUTHORITIES IN TANZANIA
Local Government is a
non-Union matter. It is nonetheless enshrined in the Union constitution as well
as in the constitutions of the mainland and Zanzibar. In mainland
Tanzania, the Constitution of the United Republic 1977,
Articles 145 and 146 states that the National Assembly or the
House of Representatives must provide for local government through legislation.
Article 146 provides that one of the objectives of the local government is to
enhance the democratic process within its area of jurisdiction and to apply the
democracy for facilitating the expeditious and faster development of the
people.
In relation to the local government in
the mainland the main legislation are:
(a) The Constitution
of the United Republic of Tanzania of 1977
(b) Government (Urban
Authorities) Act, 1982
(c) Local Government
Finance Act, 1982
(d) Urban Authorities
(Rating) Act, 1983
(e) Regional
Administration Act, 1997
(f) Local Government
Laws (Miscellaneous Amendments) Act, 1999
(g) The Local
Authorities Provident Fund Act (Act No. 6 of 2000)
(h) The Local
Government Authorities (Decoration of Buildings) Act (Act No. 9 of 1968)
(i) The Regions and
Districts (Establishment Procedure) Act (Act No. 12 of 1994)
Note: the Local
Government Services Act 1982 has been repealed, recently.
In Zanzibar, the relevant part of the
Constitution 1984 is Article 128. The main legislation regarding Local
Government are:
(a) Zanzibar
Municipal Council Act, 1995
(b) District and Town
Councils Act, 1995
Note: The minister of
state in the President's Office - Regional Administration and Local Governments
(PO-RALG) is responsible for the administration of this legislation.
Aim of Local Government in Tanzania
Local Government
Authorities exist for the purpose of consolidating and giving more power to the
people to competently participate in the planning and implementation of
development programmes within their respective areas and generally throughout
the country. In modern nations, local governments usually have some of the same
kind of powers as national governments do. For instance, they have some power
to raise taxes, though these may be limited by central legislation.
FUNCTIONS OF LOCAL GOVERNMENT
All Local Government Authorities are
mandated to play three main functions; Article 146 (2) (a)-(c) i.e.;
(i) Maintenance of
law, order and good governance
(ii) Promotion of
economic and social welfare of the people in their jurisdiction
(iii) Ensuring
effective and equitable delivery of qualitative and quantitative services to
the people within their areas of jurisdiction
In addition to the basic functions, all
local governments are charged with seven other functions and duties, as
follows: [Refer, Party
V of the Local Government (District) Authorities Act].
(a) Formulation,
coordination and supervision of the implementation of all plans for economic,
industrial and social development in their areas of jurisdiction.
(b) Monitoring and
controlling the performance of duties and functions of the council and its
staff.
(c) Ensuring the
collection and proper utilization of the revenues of the council
(d) Making by-laws
applicable throughout their areas of jurisdiction, and considering and
improving by-laws made by village councils within their areas of jurisdiction.
(e) Ensuring,
regulating and coordinating development plans, projects and programmes of
villages and township authorities within their areas of jurisdiction.
(f) Regulating and
monitoring the collection and utilization of revenue of village councils and
township authorities.
(g) Subject to the
laws in force, doing all such acts and things as may be done by a people's
government.
STRUCTURE OF LOCAL GOVERNMENT AUTHORITIES
Types of Local Government in Tanzania
Local Government Authorities are
classified into two major categories;
(a) Urban authorities
They are responsible
for the administration and development of urban areas ranging from townships,
municipalities and Cities.
(b) Rural Authorities
They are commonly
known as District Councils.
Note: the local
government is divided into urban and rural authorities both on the mainland and
Zanzibar.
ON THE MAINLAND TANZANIA; urban authorities
consist of city councils, municipal councils and town councils, whereas
included in the rural authorities are the district councils with township
council and village council authorities.
The district and
urban councils have autonomy in their geographic area. District councils
coordinate the activities of the township authorities and village councils,
which are accountable to the district for all revenues received for day-to-day
administration. The village and township councils have the responsibility for
formulating plans for their areas.
In Zanzibar: urban authorities are made up of town councils and municipalities,
while rural authorities comprise of district councils.
In both locations,
below the local authorities there are a number of democratic bodies to debate
local development needs. In the rural system, the hamlets (vitongoji), the smallest unit of a village, is composed of an
elected chairperson who appoints a secretary and three further members all of
whom serve on an advisory committee. In the Urban areas streets (mitaa) i.e. is the smallest unit within
the ward of an urban authority.
Unlike suburbs (vitongoji), the Mtaa Committees have a
fully elected membership comprising of a chairperson, six members and an
executive officer. (Ref. Sections 16-19 of Local Government (Urban) Authorities
Act.
A: RURAL (DISTRICT) LOCAL GOVERNMENT
AUTHORITIES
Local Government
(District) Authorities Act of 1982 creates district based local government
authorities in Tanzania. The Act provides, inter alia, the establishment,
composition, functions and legislative powers of district, township councils
and village authorities.
At the village level,
the government structure is comprised of a village assembly consisting of all
persons aged 18 and above. The corporate entity of a registered village is the
village council comprising of a chairman or chairperson elected by the village
assembly. There are also village committees covering such matters as planning,
finance, economic affairs, social services, security, forest protection, water
resources etc [Sections 146-147].
The village council's
functions and roles include planning and coordinating activities, rendering
assistance and advice to the villagers engaged in agriculture, forestry,
horticultural, industrial or any other activity, and to encourage village
residents to undertake and participate in communal enterprises. Propose by-laws
must be adopted by the village assembly before being submitted to the District
Council for approval [Section 169]. In addition, Section 29 of the Act provides
for division of districts into wards. As an administrative subdivision between
the village and the district, the ward reviews the proposed village council's
projects in its jurisdiction and approves them for passage up the line to the
District Development Committee.
Local Government
(District) Authorities Act of 1982 as amended by Act No. 6 of 1999 establishes
the Ward Development Council (hereinafter referred to as "WDC). The WDC is
comprised of a councillor representing the ward in the District Development
Council and chairpersons of all village councils within the ward. The WDC also
includes member(s) of the district council, who ordinarily reside in the ward;
and invitees from, for instance NGOs and other civic groups involved in the
promotion of development in the ward. However, the invitees have no right to
vote in the meetings. The WDC is responsible for developing general development
plans for the ward. Further, the WDC must manage disasters and environmental
related activities within its ward.
At the district
level, there is a district council composed of members elected from each ward;
members of parliament representing constituencies within the area of the
district council; three members appointed by the minister responsible for the
local government and one member representing the constituent village councils
on a rotational basis. [Section 35(1), Act Number 7 of 1982].
District Councils;
through the appropriate District Development Committee (hereinafter referred to
as "the DDC") supervise the implementation of all plans for economic,
commercial, industrial and social development in their respective areas. Also,
the council approves by-laws made by the village councils and co-ordinates
plans, projects and programmes for the villages within its area of
jurisdiction. Apart from the DDC, there are other council committees. These
committees are for finance, administration and planning; education, health and
water; and economic affairs and environment.
B: URBAN LOCAL GOVERNMENT AUTHORITIES
Local Government
(Urban Authorities) Act of 1982 [Act Number 8 of 1982] provides for the
establishment, composition, functions and legislative powers of the urban based
local government authorities (urban councils) in Tanzania. The urban council is
comprised of the governing bodies for townships, municipalities and City
Council (Commission).
Composition of a town
council is provided for under section 24 of Act 8 of 1982. Township councils
cannot have more than three members appointed by the local minister of
government affairs. The council is comprised of members elected from the ward
within the town and members of parliament representing constituents within the
town [Section 24(1)]. The elected members then elect a chairman and
vice-chairman for each town council.
A Municipal Council
is made up of members elected from wards within the municipality; member of the
parliament representing the constituencies within the municipality; not more
than three (3) members appointed by the minister responsible for the local
government affairs from among the residents of the municipality [Section
24(2)].
Section 8 and 25 (3)
of Act No. 8 of 1982 provides for the establishment of City Councils. City
councils are composed of one member elected form each wards within the city;
the members of the Parliament representing constituencies within the area of
the city council; and not more than three (3) members appointed from the
residents of the city [section 24 (4)].
Each town council,
municipal or city council has a Chairman, vice-chairman, Mayor and a Deputy
Mayor respectively [Section 20]. The chairman and vice-chairman of a town
council, and the Mayor and the Deputy Mayor of a municipal council and a city
council, are elected by members of the councils from amongst the elected
members of the urban authorities.
Section 47 of Act
number 8 of 1982 provides for the establishment of the urban authorities
committees who are in charge of finance and administration; economic affairs,
health and education; and urban planning and environment. The city council
shall establish such committees as may be determined by the minister in the
order establishing it.
The objectives and
functions of the urban authorities are provided for under PART V & VI of
Act number 8 of 1982. These functions include: facilitating the maintenance of
peace, order and good governance; and promoting the social welfare and economic
well-being of the local community. Urban authorities are expected to further
the social and economic development of their areas; take the necessary measures
for the suppression of crimes and protection of public and private property;
regulate and improve agriculture, trade, commerce and industry; further and
enhance health, education, and the social, cultural and recreational life or of
the people; and to eradicate poverty and distress.
Urban authorities
may, subject to the consent of the proper officers pass applicable bylaws to
their areas. [Sections 88-90 (1)] Urban authorities are required to give public
notice to the local inhabitants of the intention to make the bylaws for
comments [Section 90(1)]. After the expiration of the notice, the draft bylaws
must be submitted to the Minister for approval and be gazetted.
It is important to note that the local governments are not replicated at the regional level.
However, regional commissioners, secretaries and officials (who form Part of
the regional administration), like the local governments, are responsible to
the Minister for Local Government and Regional Administration. Normally, the
regional authorities provide technical advice and support and exercise
supervision to the District councils. Under section 12 of the Regional
Administration Act, 1997 [Act No. 19/1997], it is provided that it shall be the
duty of the Regional secretariat to facilitate the functions of the local
government authorities within the region. However, the experience is that the
regional administration can put heavy pressure on the local authorities and
veto their development plans and programmes.
MISCELLANEOUS ISSUES ON THE TOPIC
Local Government
Elections across the United Republic of Tanzania, elections to the local
government are held every five years, under the first-past-the-post system with
universal adult suffrage at 18.
On the mainland
Tanzania, chairpersons and mayors are indirectly elected by the elected members
of their respective authorities. Village councils are elected by the village
assembly comprising all adults over the age of 18.
The urban and
district councils are made up of the members elected from each ward; the MPs
representing the constituency, within which the urban area is situated and
women members, appointed by the National Electoral Commission from the
proposals submitted by the political parties in proportion to the number of
elected positions held on the council (including MPs). The number of women
appointed to the council is not less than one-third of ward representatives and
the MPs combined.
Included in the
membership of the city councils are all the Mayors from the urban authorities
within its jurisdiction, all MPs representing constituencies within its area,
at least two women MPs resident in the city and elected from the women in
parliament, and three councillors from each urban council, one of whom must be
a woman.
Township authorities
encompass the chairperson of the 'vitongoji'(hamlets) with its area, not more
than three members appointed by the district council, and women appointed
according to political proportionality to make up at least one-third of the
authority.
Village councils have
between 15 and 25 members. These consist of a chairperson elected by the
village assembly, all chairpersons of the vitongoji
within its area and other members elected by the village assembly. Women must
account for 25 % of the council members. The term of office for all councillors
is five years.
Offices and Appointment
The head of the paid
service is the District Executive Director in the district authorities and the
Town/Municipal/City Director in the urban authorities. Typically, below the
Director there are a number of Heads of Department. The Departments are many
and may include the following: personnel and administration; planning and
finance; engineering or works; education and culture; trade and economic
affairs; urban planning; health and social welfare; co-operative, agriculture
and livestock development; and community development.
Central government
appoints the chief officers through the process of open bidding. City council
directors are appointed by the president, while directors of town, municipal
and district councils are appointed by the Minister. The Minister also appoints
the heads of departments after a recruitment process.
The responsibility to
recruit and dismiss senior officers is, at the moment, being devolved to local
governments.
Decision Making Systems of Local
Government: Residents' Participation
The most important,
intended links between the local government and the residents of the given area
are the vitongoji in the rural areas
and the urban Mtaa committees, which
are designed to mobilise citizen participation in local development.
Priorities for local
service delivery and development projects are brought to the Mtaa committees
for discussion before being forwarded to the Ward Development Committee (WDC).
In the rural system proposals reach the WDC via the village
council.
In addition to the
above, citizen participation in the local government decision-making is
encouraged by the amendments to the Local Government (District Authorities) Act
1982, which provide for Councils to organise public hearings for people to
question political leaders and staff. Councils have also been empowered to
establish special kinds of service boards, open to all citizens in the area and
providing an opportunity to influence service provision.
Participatory
budget-making has also become a mean to increase resident participation. It is
currently enabled by the bottom-up budgeting through the ward development
committees and the democratic structures above them.
REVENUE:
Local authorities can also raise
revenue locally. The main sources of local income come from:
(a) Fees including
taxi registration, bus stand/station, forestry products, valuation,
scaffolding, inoculation and ambulance
(b) Licences
including road, liquor
(c) Property taxes
and rents
(d) Charges including
for refuse collection, cess, hire of vehicles, markets
(e) Fines
(f) Others including
sale of assets and recovery of public fund.
