LOCAL GOVERNMENT CONCEPT (PROGRAMME OVERVIEW)
Compiled by Isaac Asare of GBC URA RADIO, Bolgatanga
- The participation of local people in decision making on matters affecting them is a cornerstone of Ghana’s local governance process.
• The design of the local governance structure places the assembly member position as the interface between the assembly and the local people.
• This implies that assembly members must have appropriate levels of knowledge, skills and attitude to enable them exercise their mandate in a responsive manner
Experience has shown that education and training activities enable assembly members (on assumption of office) to manage transition into their new leadership positions successfully
• By linking community leadership, knowledge and skills to governance and development the following benefits can be derived:
• increased levels of transparency and accountability particularly from the local authorities
• Better local policy decisions and a sense of ownership
• Availability of local information for effective local policy formulation
• Empowerment of the local population.
• The Ministry of Local Government and Rural Development (MLGRD) in collaboration with the Institute of Local Government Studies is therefore organising a two-day nation-wide training programme for Assembly Members of the 170 district assemblies.
• Expose participants to the changing environment of local governance, challenges, opportunities and expected roles
• Equip participants with knowledge, skills and appropriate attitudes necessary for effective leadership
• Provide a platform for participants to build networks and share experiences relevant for personal and professional support.
• It is expected that by the end of the training, good practices and lessons would be generated that would enhance the knowledge and skills base of participants to enable them adopt appropriate tools and strategies for effective job performance
Topics
• The Local Government and District Assembly Systems
• Roles and Responsibilities of Assembly Members
• The Committee System of Assemblies
•
• Model Standing Orders of the Assembly
• Resource Mobilisation at the Local Level
• Participation and Accountability at the Local Level
• Contemporary Issues in Local Governance
• Open Forum
Roles and Responsibilities of Functionaries of the local government system
Functionaries of the District Assembly
• District Chief Executive
• Presiding Member
• Assembly members both elected and appointed
• Member (s) of Parliament
• District Coordinating Director
• Unit Committee members
• Technical/Professional and supporting staff
Other Actors
• Traditional authorities
• Economic associations
• Social groups
• NGOs and CBOs in development projects
• Labour unions
• Religious leaders
• Formal private sector
• Media
DISTRICT CHIEF EXECUTIVE
• Nominated by the president
• Approved by not less than two-thirds majority of assembly members present and voting
• Hold office for not more than two terms of four years each
• May be removed from office by
ü Vote of no confidence by vote of not less than two-thirds of members present and voting against him
ü By the President
Chief Executive cont.
• The CEO of the Assembly
• Representative of the President at the local level
• Responsible for the supervision of the departments of the assembly
• Responsible for the day-to-day performance of the executive and administrative functions of the Assembly
• Chairs the Executive Committee of the Assembly
Presiding Member (PM)
• Elected from among the assembly members
• Elected by at least two thirds majority of all assembly members
• Presides over general assembly meetings
• Chairs Public Relations and Complaints Committee meetings
• Guarantor of good behavior of assembly members during assembly meeting
• Presiding member shall be removed from office whenever the Assembly by a majority of at least two-thirds of all the members of the Assembly
Roles/Responsibilities of Assembly Members
• Law does not draw a distinction between Elected/appointed
• Represent and present their concerns to the Assemblies
• Report to electorate on decisions of Assemblies
• Educate electorate on Government policies and Assembly programmes and projects
• Lobby the Assembly on his/her communities’ behalf
• Participates actively in Assembly and Sub-Committee meetings
• Liaises with public and private institutions/NGOs to attract resources and assistance
• Initiates and takes part in communal and development activities
Member of Parliament (MP)
• Briefs the Assembly about the proceedings in Parliament at Assembly meetings
• Provides feedback on projects and programmes that are of interest to the district
• Identifies problems of their electorates so as to advocate for their needs in Parliament
• Guides the Assembly on legislations passed by Parliament to ensure that the Assembly’s bye-laws are not in conflict with national legislation
District Coordinating Director
• Head of Coordinating Directorate of the District Assembly
• Responsible for the day to day administration of the Coordinating Directorate of the District Assembly
• Responsible for the implementation of the decisions and plans of the District Assembly
• Secretary to the General Assembly and Executive Committee
Other Stakeholders in Local Governance in Ghana
Traditional Authorities
• promote progressive traditional values in their communities;
• mobilize community members for the development of the district;
• manage natural resources in the district on behalf of the communities;
• manage and resolve conflicts within the communities;
• May sit on committees as advisors;
• serve as knowledgeable people for consultation on affairs concerning the community;
• Facilitate the release land for development and
Civil Society Organizations
• Civil Society Organizations undertake civic responsibility in the district
• Civil Society Organizations initiate social audit processes in the communities to demand accountability from the assembly in the use of resources
• Civil Society Organizations undertake advocacy on behalf of communities and interest groups
The Private Sector
• provide resources to be used for the development of the district;
• demand accountability from the district assembly;
• provide basic services to the citizenry and the assembly;
• promote local economic development and employment;
• provide inputs into district planning and budgeting including fee-fixing resolution, and revenue mobilization.
SOME CHALLENGES OF THE SYSTEM
• Political commitment to ensure effective decentralization.
• Accountability of the District Chief Executives
• The non-partisan nature of the Assembly system under a partisan central government system
• Lack of adequate motivation to Assembly Members, Councilors and Unit Committee Members.
• Basis for the selection of appointed members
LOCAL GOVERNMENT, LOCAL GOVERNANCE AND THE DISTRICT ASSEMBLY SYSTEMS
Presentation Outline
• Concepts
• Ghana’s Experiences with Local Government and Decentralisation
• Current Local Government System
– Rationale
– Legislative Arrangements
– Structure
– Functions
• The District Assembly System
• Challenges
Types Of Decentralization
• De-concentration
• Devolution
• Delegation
• Fiscal
• Economic
• Privatization
• Public-Private Partnerships
Arguments for Decentralization
• Deepens democracy by extending representation to levels nearer the people;
• Broadens participation in political, economic and social activities;
• Draws on local knowledge and preferences about development;
• Increases government officials' sensitivity to local conditions and needs;
• Improves efficiency in service provision;
Arguments against Decentralization
• Capacity constraints
– shortage of qualified staff and equipment
– ineffective management systems
– Inadequate accurate, comprehensive local data for planning
• Fiscal and budgetary challenges
– Unreliable central government transfers which diminishes effective local authority and erodes its credibility.
– disincentive to local revenue collection
Ghana’s Experience
• Indirect Rule Policy (statutory basis for the exercise of local government functions by Native Authorities)
– LG functions vested in non-elected chiefs or traditional authorities to help administer law and order (Judicial functions)
– Powers to make bye-laws and to raise funds
• Municipal Ordinance of 1859 established municipalities in the coastal towns (Accra, Cape Coast, Sekondi-Takoradi)
• 1953 Ordinance set up elected councils for Accra, Kumasi, Sekondi-Takoradi and Cape Coast
• Local Government Act 1961, Act 54
• LG Act, Act 359 of 1971 , which was implemented through the Local Administration (Amendment) Decree 1974
• PNDC Law 207 of 1988
• Act 462 of 1993
Inherent Problems with the Old Systems
• Ineffectiveness, insufficient accountability and legitimate political authority at the district level.
• Perception of local authorities as non-performing and politicized
• Focus on the regional level limited attention to district and local levels
• The transfer of functions was not accompanied by simultaneous transfer of means and competence.
• Decentralized departments did not operate as such (ie responsible to the local authority).
• This is what the district assembly system sought to address
The Assembly System
• Initiated by the enactment of the Local Government Law, 1988 (PNDC Law 207).
• The thrust of the decentralization policy:
– promote popular participation and citizens’ ownership of the machinery of government
– shift the process of governance from command to consultative processes,
– devolve power, functions, competence and resources to the district level
– promote coordination of development activity
Legislative Arrangement
• The 1992 Constitution of the Republic of Ghana (Chapter 6 and 20), which enshrines decentralization policy
• The Local Government Act (Act 462 of 1993) which provides the legal basis for the implementation of decentralization
• The District Assembly’s Common Fund Act (Act 455)
• The National Development Planning Commission Act, 1994 (Act 479)
• The National Development Planning Systems Act, 1994 (Act 480)
• Town and Country Planning Ordinance of 1945 (Cap 84 under review)
Legislative Arrangements contd
• The Local Government (Urban, Zonal and Town Councils and Unit Committees) Establishment Instrument of 1994, LI 1589 (which has now been replaced by LI 1967)
• The Local Government (Departments of District Assemblies) Commencement Instrument LI 1961
• LI 1983: Local Government (Creation of New District Electoral Areas and Designation of Units), 2010
• Financial Administration Act, 2003 (Act 654)
• Local Government Service Act 2003 (Act 656)
• Institute of Local Government Studies Act, 2003 (Act 647)
• Public Procurement Act, 2003 (Act 663)
• Internal Audit Agency Act, 2003 (Act 658)
• Ghana Audit Service Act, 2000 (Act 584)
Instruments continued
• Financial Administration Regulations, 2004 (LI 1802)
• Financial Memoranda for MMDAs-June, 2004 (Ghana Gazette, No. 35, 20th August, 2004)
• Sectoral laws that have implications for decentralized service delivery:
– Education Act, 2008 (Act 778);
– Health Service Act (Act 525);
– Security and Intelligence Agencies Act, 1996 (Act 526).
Instruments continued
• Guidelines to facilitate local administration:
– Guidelines for the Operationalization of District Planning Coordinating Units (DPCU)
– Guidelines for the Preparation of the District Medium Term Development Plan
– Guidelines for the Preparation of Composite Budgeting
Membership of Regional Coordinating Council (RCC)
• Regional Minister as chairman and his deputies,
• Presiding Member of each district assembly primus inter pares
• Chief Executive of each district in the region
• Two Chiefs (2) as representatives from the Regional House of Chiefs
• Regional Heads of Decentralized Departments (who are non-voting members)
• Regional Coordinating Director as Secretary
Functions of the Regional Coordinating Council
• Monitor, co-ordinate and evaluate the performance of the District Assemblies in the region;
• Monitor the use of all monies allocated to the District Assemblies by any agency of the Central Government;
• Review and co-ordinate public service generally in the region;
• Resolve any conflict between a District Assembly and an agency of central Government, public corporation, statutory body, non-governmental organization or individuals;
Functions of the Regional Coordinating Council (Conti.)
• Provide security including managing conflicts in the region: chieftaincy, tribal, land, and religious disputes;
• Provide District Assemblies with information and data necessary to assist them in the formulation of district development plans;
• Co-ordinate the plans and programmes of a District Assembly and harmonise them with national development policies and priorities.
Composition of District Assembly
(Article 242, 1992 Constitution)
(Article 242, 1992 Constitution)
• The District Chief Executive (DCE)
• One person from each local government electoral area within the district elected by universal adult suffrage
• Member (s) of Parliament representing constituencies within the district (as non-voting members)
• Other members not being more than 30% of all the members of the District Assembly, appointed by the President in consultation with Traditional Authorities and interest groups in the district
Functions of the District Assembly
• Exercise political and administrative authority in the district.
• Constitutes the planning authority for the district
– Formulate and execute plans, programmes and strategies for the overall development of the district.
• Have deliberative, legislative and executive functions.
• Responsible for the overall development in the district.
• Maintenance of security and public safety in the district
• Pro-poor orientation of district level development
Functions of the Assembly (Conti.)
• Provision of infrastructure (schools, clinics, etc).
• Provision of municipal services (sanitation, water, play grounds, etc.)
• Formulation and approval of budget of the district.
• Making of bye-laws.
• Levy and collect taxes, rates, fees, etc to generate revenue.
• Promotion of justice by ensuring ready access to the courts in the district. Act 462: 10 [1-3]
Assembly decision making
• Decision-making and consultation are important activities by which the assembly fulfils its purpose of democratic decision-making, promoting the general well-being of communities and exercising its deliberative functions
• Primary responsibility for making decisions rests with the assembly members as a group – the Assembly
• Assemblies may also delegate some decision-making responsibility, for example to committees, staff of the assembly and other authorized persons or bodies.
Assembly decision making
• Assemblies determine policy and make other decisions at council meetings on an ongoing basis through the Executive Committee (case of municipalities and districts)/ Metropolitan Authority (case of metros)
• Policies and budgets endorsed by the Assembly provide a framework for the provision of services and programs and for the day-to-day operational decision-making
• As representatives of their communities their key role is to make decisions that will promote community well-being
Functions of Urban/Town/Zonal /Area Councils
• Perform functions assigned to them by the instruments setting them up
• Perform functions assigned to them by the Assemblies.
• Record keeping of all rateable persons and properties in the Urban area, zone or Town;
• Assist any person authorized by the District Assembly to collect revenues due to the Assembly;
• Recommend to the Assembly the naming of all streets in its area of authority and cause all building in the streets to be numbered;
Functions of Urban/Town/Zonal /Area Councils (Conti.)
• Plant trees in any street and to erect tree-guards to protect them so that the streets are not unduly obstructed;
• Prevent and control fire outbreaks including bush fires;
• Prepare annual budgets of revenues and recurrent and development budget of the Urban or Town Council for the approval of the Assemblies
Functions of Unit Committees (4th Schedule of LI 1967)
• Supervise the staff of district assembly performing duties in its area of authority
• Assist in revenue collection
• Organize communal and voluntary work
• Educate the people in their rights, privileges, obligations, and responsibilities
• Provide focal point for discussion of local matters and make recommendations to the assembly
• Monitor the implementation of self-help and development projects
• Assist in enumerating and keeping records of all ratable persons and properties
• Make proposals to assembly regarding levying and collection of rates for projects and programs
Structure of the Assembly
• The General Assembly
• The Executive Committee and Sub- Committees (provided for in Act 462 but not applicable to Metropolitan Assemblies which have provisions in their establishing legislations
• Coordinating Directorate (Central Administration) and;
• Departments of the District Assembly
The General Assembly
• The General Assembly is the highest decision making body of the district
• It is the political and administrative authority in the district
• It performs deliberative, legislative, and executive functions of the District
• These functions are performed under the leadership of the Presiding Member
Committees of the Assembly
• Public Relations and Complaints Committee
• Executive Committee (Cabinet) and Sub-committees of municipal and district assemblies:
– Development Planning Sub-Committee;
– Social Services Sub-Committee;
– Works Sub-Committee;
– Finance and Administration Sub-Committee;
– Justice and Security Sub-Committee), and
– Other Committees in the local government environment eg DISEC, programme management committees DEOC, DIC of School Feeding etc
Sub-Committees of Metro Authorities
• Executive Committee of Metro is the Metropolitan Authority.
• Its sub-committees are:
– Development Planning
– Social Services
– Works
– Finance and Administration
– Environmental Management
– Education
– Revenue Mobilization
– Other sub-committees as appropriate
• Metropolitan Boards for effective performance of assemblies:
– Metropolitan Planning Board (CE as chair)
– Board of Metropolitan Works (Head of Works Department as Chair)
– Board of Administration (C-D as chair)
• Typically composed of key actors
– Planning Board has heads of relevant departments, chairpersons of other boards, chairs of sub-metro councils and chairs of sub-committees of the assembly
Coordinating Directorate of the District Assembly
• The Coordinating Directorate of the District Assembly is the highest administrative unit in the District Assembly
• The Coordinating Directorate of the District Assembly is responsible for the career progression and discipline of officers in the Office of the District Assembly
- The Coordinating Directorate of the District Assembly is responsible for assisting the District Assembly in the performance of its duties
Functions of the Coordinating Directorate of the District Assembly
• Implementation of policies and decisions of the DA
• Responsible for effective planning and budgeting
• Observance of financial, stores and budgetary rules and guidelines
• Initiation, execution, monitoring and evaluation of development plans, projects and programmes
Departments of the Assembly
• Act 462 identified
– 16 departments for metropolitan assemblies;
– 13 departments for municipal assemblies; and
– 11 departments for district assemblies which are to perform the functions previously performed by 22 central government agencies
• Recently LI 1961 provided for the establishment of 11 departments under its first schedule and another five under 2nd schedule.
• FIRST SCHEDULE SECOND SCHEDULE
• Central Administration Physical Planning Department
• Works Department Department of Trade and Industry
• Physical Planning Department Finance Department
• Department of Trade and Industry Department of Education, Youth and Sports
• Department of Agriculture Disaster Prevention and Management Department
• Department of Social Welfare and
• Community Development Natural Resources Conservation, Department; Forestry, Game and Wildlife Division
• Legal Department District Health Department
• Waste Management Department
• Urban Roads Department
• Budgeting and Rating Department
• Transport Department
Departments of the Assembly
• Staff of decentralized departments are the technical officers of the district assemblies providing the required technical expertise for local level development
• With the establishment of the LGS, all staff of decentralized departments in the District become members of the Service.
• The Departments of the Assembly are headed by Heads of Departments who are responsible for efficient and effective performance of the functions and responsibilities assigned to the departments
• The Heads of Departments are answerable to the Chief Executive through the District Coordinating Director
Functions of Decentralized Departments
• The Departments of the District Assembly are responsible for the:
– implementation of the decisions of the District Assemblies
– provision of quarterly report on the implementation of decisions of the Assemblies to the Executive Committees of the respective District Assemblies
Key Functionaries of the Assembly
• District Chief Executive (DCE)
• Presiding Member (PM)
• Member(s) of Parliament (MP)
• Coordinating Director (DCD)
• Assembly members both elected and appointed
• Technical/Professional and supporting staff
Other Actors in the LG Environment
• Traditional authorities
• Economic associations
• Social groups
• NGOs and CBOs in development projects
• Labour unions
• Religious leaders
• Formal private sector
• Media
SOME CHALLENGES OF THE SYSTEM
• Political commitment to ensure effective decentralization.
• Weak inter-sectoral collaboration
• Lack of effective logistical support to the structures
• Mode of selection of DCE and accountability to electorate.
• The non-partisan nature of the Assembly system under a partisan central government system.
• Membership of Assemblies
• Inadequate managerial and technical capacity at the district level.
Therefore, the policy priorities and themes for accelerating decentralisation and the way forward include the following:
- Political decentralization and legal issues;
- Administrative decentralization;
- Decentralized development planning;
- Spatial planning, environmental management and natural resource management;
- Local economic development;
- Fiscal decentralization;
- Popular participation and accountability;
- A social agenda;
- Involvement of non-state actors in local governance
- Harmonizing development partner interventions.
Compiled By Isaac Asare
Credit to Ibis
- The participation of local people in decision making on matters affecting them is a cornerstone of Ghana’s local governance process.
• The design of the local governance structure places the assembly member position as the interface between the assembly and the local people.
• This implies that assembly members must have appropriate levels of knowledge, skills and attitude to enable them exercise their mandate in a responsive manner
Experience has shown that education and training activities enable assembly members (on assumption of office) to manage transition into their new leadership positions successfully
• By linking community leadership, knowledge and skills to governance and development the following benefits can be derived:
• increased levels of transparency and accountability particularly from the local authorities
• Better local policy decisions and a sense of ownership
• Availability of local information for effective local policy formulation
• Empowerment of the local population.
• The Ministry of Local Government and Rural Development (MLGRD) in collaboration with the Institute of Local Government Studies is therefore organising a two-day nation-wide training programme for Assembly Members of the 170 district assemblies.
• Expose participants to the changing environment of local governance, challenges, opportunities and expected roles
• Equip participants with knowledge, skills and appropriate attitudes necessary for effective leadership
• Provide a platform for participants to build networks and share experiences relevant for personal and professional support.
• It is expected that by the end of the training, good practices and lessons would be generated that would enhance the knowledge and skills base of participants to enable them adopt appropriate tools and strategies for effective job performance
Topics
• The Local Government and District Assembly Systems
• Roles and Responsibilities of Assembly Members
• The Committee System of Assemblies
•
• Model Standing Orders of the Assembly
• Resource Mobilisation at the Local Level
• Participation and Accountability at the Local Level
• Contemporary Issues in Local Governance
• Open Forum
Roles and Responsibilities of Functionaries of the local government system
Functionaries of the District Assembly
• District Chief Executive
• Presiding Member
• Assembly members both elected and appointed
• Member (s) of Parliament
• District Coordinating Director
• Unit Committee members
• Technical/Professional and supporting staff
Other Actors
• Traditional authorities
• Economic associations
• Social groups
• NGOs and CBOs in development projects
• Labour unions
• Religious leaders
• Formal private sector
• Media
DISTRICT CHIEF EXECUTIVE
• Nominated by the president
• Approved by not less than two-thirds majority of assembly members present and voting
• Hold office for not more than two terms of four years each
• May be removed from office by
ü Vote of no confidence by vote of not less than two-thirds of members present and voting against him
ü By the President
Chief Executive cont.
• The CEO of the Assembly
• Representative of the President at the local level
• Responsible for the supervision of the departments of the assembly
• Responsible for the day-to-day performance of the executive and administrative functions of the Assembly
• Chairs the Executive Committee of the Assembly
Presiding Member (PM)
• Elected from among the assembly members
• Elected by at least two thirds majority of all assembly members
• Presides over general assembly meetings
• Chairs Public Relations and Complaints Committee meetings
• Guarantor of good behavior of assembly members during assembly meeting
• Presiding member shall be removed from office whenever the Assembly by a majority of at least two-thirds of all the members of the Assembly
Roles/Responsibilities of Assembly Members
• Law does not draw a distinction between Elected/appointed
• Represent and present their concerns to the Assemblies
• Report to electorate on decisions of Assemblies
• Educate electorate on Government policies and Assembly programmes and projects
• Lobby the Assembly on his/her communities’ behalf
• Participates actively in Assembly and Sub-Committee meetings
• Liaises with public and private institutions/NGOs to attract resources and assistance
• Initiates and takes part in communal and development activities
Member of Parliament (MP)
• Briefs the Assembly about the proceedings in Parliament at Assembly meetings
• Provides feedback on projects and programmes that are of interest to the district
• Identifies problems of their electorates so as to advocate for their needs in Parliament
• Guides the Assembly on legislations passed by Parliament to ensure that the Assembly’s bye-laws are not in conflict with national legislation
District Coordinating Director
• Head of Coordinating Directorate of the District Assembly
• Responsible for the day to day administration of the Coordinating Directorate of the District Assembly
• Responsible for the implementation of the decisions and plans of the District Assembly
• Secretary to the General Assembly and Executive Committee
Other Stakeholders in Local Governance in Ghana
Traditional Authorities
• promote progressive traditional values in their communities;
• mobilize community members for the development of the district;
• manage natural resources in the district on behalf of the communities;
• manage and resolve conflicts within the communities;
• May sit on committees as advisors;
• serve as knowledgeable people for consultation on affairs concerning the community;
• Facilitate the release land for development and
Civil Society Organizations
• Civil Society Organizations undertake civic responsibility in the district
• Civil Society Organizations initiate social audit processes in the communities to demand accountability from the assembly in the use of resources
• Civil Society Organizations undertake advocacy on behalf of communities and interest groups
The Private Sector
• provide resources to be used for the development of the district;
• demand accountability from the district assembly;
• provide basic services to the citizenry and the assembly;
• promote local economic development and employment;
• provide inputs into district planning and budgeting including fee-fixing resolution, and revenue mobilization.
SOME CHALLENGES OF THE SYSTEM
• Political commitment to ensure effective decentralization.
• Accountability of the District Chief Executives
• The non-partisan nature of the Assembly system under a partisan central government system
• Lack of adequate motivation to Assembly Members, Councilors and Unit Committee Members.
• Basis for the selection of appointed members
LOCAL GOVERNMENT, LOCAL GOVERNANCE AND THE DISTRICT ASSEMBLY SYSTEMS
Presentation Outline
• Concepts
• Ghana’s Experiences with Local Government and Decentralisation
• Current Local Government System
– Rationale
– Legislative Arrangements
– Structure
– Functions
• The District Assembly System
• Challenges
Types Of Decentralization
• De-concentration
• Devolution
• Delegation
• Fiscal
• Economic
• Privatization
• Public-Private Partnerships
Arguments for Decentralization
• Deepens democracy by extending representation to levels nearer the people;
• Broadens participation in political, economic and social activities;
• Draws on local knowledge and preferences about development;
• Increases government officials' sensitivity to local conditions and needs;
• Improves efficiency in service provision;
Arguments against Decentralization
• Capacity constraints
– shortage of qualified staff and equipment
– ineffective management systems
– Inadequate accurate, comprehensive local data for planning
• Fiscal and budgetary challenges
– Unreliable central government transfers which diminishes effective local authority and erodes its credibility.
– disincentive to local revenue collection
Ghana’s Experience
• Indirect Rule Policy (statutory basis for the exercise of local government functions by Native Authorities)
– LG functions vested in non-elected chiefs or traditional authorities to help administer law and order (Judicial functions)
– Powers to make bye-laws and to raise funds
• Municipal Ordinance of 1859 established municipalities in the coastal towns (Accra, Cape Coast, Sekondi-Takoradi)
• 1953 Ordinance set up elected councils for Accra, Kumasi, Sekondi-Takoradi and Cape Coast
• Local Government Act 1961, Act 54
• LG Act, Act 359 of 1971 , which was implemented through the Local Administration (Amendment) Decree 1974
• PNDC Law 207 of 1988
• Act 462 of 1993
Inherent Problems with the Old Systems
• Ineffectiveness, insufficient accountability and legitimate political authority at the district level.
• Perception of local authorities as non-performing and politicized
• Focus on the regional level limited attention to district and local levels
• The transfer of functions was not accompanied by simultaneous transfer of means and competence.
• Decentralized departments did not operate as such (ie responsible to the local authority).
• This is what the district assembly system sought to address
The Assembly System
• Initiated by the enactment of the Local Government Law, 1988 (PNDC Law 207).
• The thrust of the decentralization policy:
– promote popular participation and citizens’ ownership of the machinery of government
– shift the process of governance from command to consultative processes,
– devolve power, functions, competence and resources to the district level
– promote coordination of development activity
Legislative Arrangement
• The 1992 Constitution of the Republic of Ghana (Chapter 6 and 20), which enshrines decentralization policy
• The Local Government Act (Act 462 of 1993) which provides the legal basis for the implementation of decentralization
• The District Assembly’s Common Fund Act (Act 455)
• The National Development Planning Commission Act, 1994 (Act 479)
• The National Development Planning Systems Act, 1994 (Act 480)
• Town and Country Planning Ordinance of 1945 (Cap 84 under review)
Legislative Arrangements contd
• The Local Government (Urban, Zonal and Town Councils and Unit Committees) Establishment Instrument of 1994, LI 1589 (which has now been replaced by LI 1967)
• The Local Government (Departments of District Assemblies) Commencement Instrument LI 1961
• LI 1983: Local Government (Creation of New District Electoral Areas and Designation of Units), 2010
• Financial Administration Act, 2003 (Act 654)
• Local Government Service Act 2003 (Act 656)
• Institute of Local Government Studies Act, 2003 (Act 647)
• Public Procurement Act, 2003 (Act 663)
• Internal Audit Agency Act, 2003 (Act 658)
• Ghana Audit Service Act, 2000 (Act 584)
Instruments continued
• Financial Administration Regulations, 2004 (LI 1802)
• Financial Memoranda for MMDAs-June, 2004 (Ghana Gazette, No. 35, 20th August, 2004)
• Sectoral laws that have implications for decentralized service delivery:
– Education Act, 2008 (Act 778);
– Health Service Act (Act 525);
– Security and Intelligence Agencies Act, 1996 (Act 526).
Instruments continued
• Guidelines to facilitate local administration:
– Guidelines for the Operationalization of District Planning Coordinating Units (DPCU)
– Guidelines for the Preparation of the District Medium Term Development Plan
– Guidelines for the Preparation of Composite Budgeting
Membership of Regional Coordinating Council (RCC)
• Regional Minister as chairman and his deputies,
• Presiding Member of each district assembly primus inter pares
• Chief Executive of each district in the region
• Two Chiefs (2) as representatives from the Regional House of Chiefs
• Regional Heads of Decentralized Departments (who are non-voting members)
• Regional Coordinating Director as Secretary
Functions of the Regional Coordinating Council
• Monitor, co-ordinate and evaluate the performance of the District Assemblies in the region;
• Monitor the use of all monies allocated to the District Assemblies by any agency of the Central Government;
• Review and co-ordinate public service generally in the region;
• Resolve any conflict between a District Assembly and an agency of central Government, public corporation, statutory body, non-governmental organization or individuals;
Functions of the Regional Coordinating Council (Conti.)
• Provide security including managing conflicts in the region: chieftaincy, tribal, land, and religious disputes;
• Provide District Assemblies with information and data necessary to assist them in the formulation of district development plans;
• Co-ordinate the plans and programmes of a District Assembly and harmonise them with national development policies and priorities.
Composition of District Assembly
(Article 242, 1992 Constitution)
(Article 242, 1992 Constitution)
• The District Chief Executive (DCE)
• One person from each local government electoral area within the district elected by universal adult suffrage
• Member (s) of Parliament representing constituencies within the district (as non-voting members)
• Other members not being more than 30% of all the members of the District Assembly, appointed by the President in consultation with Traditional Authorities and interest groups in the district
Functions of the District Assembly
• Exercise political and administrative authority in the district.
• Constitutes the planning authority for the district
– Formulate and execute plans, programmes and strategies for the overall development of the district.
• Have deliberative, legislative and executive functions.
• Responsible for the overall development in the district.
• Maintenance of security and public safety in the district
• Pro-poor orientation of district level development
Functions of the Assembly (Conti.)
• Provision of infrastructure (schools, clinics, etc).
• Provision of municipal services (sanitation, water, play grounds, etc.)
• Formulation and approval of budget of the district.
• Making of bye-laws.
• Levy and collect taxes, rates, fees, etc to generate revenue.
• Promotion of justice by ensuring ready access to the courts in the district. Act 462: 10 [1-3]
Assembly decision making
• Decision-making and consultation are important activities by which the assembly fulfils its purpose of democratic decision-making, promoting the general well-being of communities and exercising its deliberative functions
• Primary responsibility for making decisions rests with the assembly members as a group – the Assembly
• Assemblies may also delegate some decision-making responsibility, for example to committees, staff of the assembly and other authorized persons or bodies.
Assembly decision making
• Assemblies determine policy and make other decisions at council meetings on an ongoing basis through the Executive Committee (case of municipalities and districts)/ Metropolitan Authority (case of metros)
• Policies and budgets endorsed by the Assembly provide a framework for the provision of services and programs and for the day-to-day operational decision-making
• As representatives of their communities their key role is to make decisions that will promote community well-being
Functions of Urban/Town/Zonal /Area Councils
• Perform functions assigned to them by the instruments setting them up
• Perform functions assigned to them by the Assemblies.
• Record keeping of all rateable persons and properties in the Urban area, zone or Town;
• Assist any person authorized by the District Assembly to collect revenues due to the Assembly;
• Recommend to the Assembly the naming of all streets in its area of authority and cause all building in the streets to be numbered;
Functions of Urban/Town/Zonal /Area Councils (Conti.)
• Plant trees in any street and to erect tree-guards to protect them so that the streets are not unduly obstructed;
• Prevent and control fire outbreaks including bush fires;
• Prepare annual budgets of revenues and recurrent and development budget of the Urban or Town Council for the approval of the Assemblies
Functions of Unit Committees (4th Schedule of LI 1967)
• Supervise the staff of district assembly performing duties in its area of authority
• Assist in revenue collection
• Organize communal and voluntary work
• Educate the people in their rights, privileges, obligations, and responsibilities
• Provide focal point for discussion of local matters and make recommendations to the assembly
• Monitor the implementation of self-help and development projects
• Assist in enumerating and keeping records of all ratable persons and properties
• Make proposals to assembly regarding levying and collection of rates for projects and programs
Structure of the Assembly
• The General Assembly
• The Executive Committee and Sub- Committees (provided for in Act 462 but not applicable to Metropolitan Assemblies which have provisions in their establishing legislations
• Coordinating Directorate (Central Administration) and;
• Departments of the District Assembly
The General Assembly
• The General Assembly is the highest decision making body of the district
• It is the political and administrative authority in the district
• It performs deliberative, legislative, and executive functions of the District
• These functions are performed under the leadership of the Presiding Member
Committees of the Assembly
• Public Relations and Complaints Committee
• Executive Committee (Cabinet) and Sub-committees of municipal and district assemblies:
– Development Planning Sub-Committee;
– Social Services Sub-Committee;
– Works Sub-Committee;
– Finance and Administration Sub-Committee;
– Justice and Security Sub-Committee), and
– Other Committees in the local government environment eg DISEC, programme management committees DEOC, DIC of School Feeding etc
Sub-Committees of Metro Authorities
• Executive Committee of Metro is the Metropolitan Authority.
• Its sub-committees are:
– Development Planning
– Social Services
– Works
– Finance and Administration
– Environmental Management
– Education
– Revenue Mobilization
– Other sub-committees as appropriate
• Metropolitan Boards for effective performance of assemblies:
– Metropolitan Planning Board (CE as chair)
– Board of Metropolitan Works (Head of Works Department as Chair)
– Board of Administration (C-D as chair)
• Typically composed of key actors
– Planning Board has heads of relevant departments, chairpersons of other boards, chairs of sub-metro councils and chairs of sub-committees of the assembly
Coordinating Directorate of the District Assembly
• The Coordinating Directorate of the District Assembly is the highest administrative unit in the District Assembly
• The Coordinating Directorate of the District Assembly is responsible for the career progression and discipline of officers in the Office of the District Assembly
- The Coordinating Directorate of the District Assembly is responsible for assisting the District Assembly in the performance of its duties
Functions of the Coordinating Directorate of the District Assembly
• Implementation of policies and decisions of the DA
• Responsible for effective planning and budgeting
• Observance of financial, stores and budgetary rules and guidelines
• Initiation, execution, monitoring and evaluation of development plans, projects and programmes
Departments of the Assembly
• Act 462 identified
– 16 departments for metropolitan assemblies;
– 13 departments for municipal assemblies; and
– 11 departments for district assemblies which are to perform the functions previously performed by 22 central government agencies
• Recently LI 1961 provided for the establishment of 11 departments under its first schedule and another five under 2nd schedule.
• FIRST SCHEDULE SECOND SCHEDULE
• Central Administration Physical Planning Department
• Works Department Department of Trade and Industry
• Physical Planning Department Finance Department
• Department of Trade and Industry Department of Education, Youth and Sports
• Department of Agriculture Disaster Prevention and Management Department
• Department of Social Welfare and
• Community Development Natural Resources Conservation, Department; Forestry, Game and Wildlife Division
• Legal Department District Health Department
• Waste Management Department
• Urban Roads Department
• Budgeting and Rating Department
• Transport Department
Departments of the Assembly
• Staff of decentralized departments are the technical officers of the district assemblies providing the required technical expertise for local level development
• With the establishment of the LGS, all staff of decentralized departments in the District become members of the Service.
• The Departments of the Assembly are headed by Heads of Departments who are responsible for efficient and effective performance of the functions and responsibilities assigned to the departments
• The Heads of Departments are answerable to the Chief Executive through the District Coordinating Director
Functions of Decentralized Departments
• The Departments of the District Assembly are responsible for the:
– implementation of the decisions of the District Assemblies
– provision of quarterly report on the implementation of decisions of the Assemblies to the Executive Committees of the respective District Assemblies
Key Functionaries of the Assembly
• District Chief Executive (DCE)
• Presiding Member (PM)
• Member(s) of Parliament (MP)
• Coordinating Director (DCD)
• Assembly members both elected and appointed
• Technical/Professional and supporting staff
Other Actors in the LG Environment
• Traditional authorities
• Economic associations
• Social groups
• NGOs and CBOs in development projects
• Labour unions
• Religious leaders
• Formal private sector
• Media
SOME CHALLENGES OF THE SYSTEM
• Political commitment to ensure effective decentralization.
• Weak inter-sectoral collaboration
• Lack of effective logistical support to the structures
• Mode of selection of DCE and accountability to electorate.
• The non-partisan nature of the Assembly system under a partisan central government system.
• Membership of Assemblies
• Inadequate managerial and technical capacity at the district level.
Therefore, the policy priorities and themes for accelerating decentralisation and the way forward include the following:
- Political decentralization and legal issues;
- Administrative decentralization;
- Decentralized development planning;
- Spatial planning, environmental management and natural resource management;
- Local economic development;
- Fiscal decentralization;
- Popular participation and accountability;
- A social agenda;
- Involvement of non-state actors in local governance
- Harmonizing development partner interventions.
Compiled By Isaac Asare
Credit to Ibis
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