On January 2nd at her end-of-year press conference, Minister of Local Government and Regional Development, Sonia Parag spoke about the appointing of a new Local Government Commission (LGC).
The life of the last LGC expired in April of last year and undoubtedly there are many matters left pending and others which should be addressed forthwith.
The Minister’s response on the matter was that the ministry will continue to have oversight but the Commission will be established at an “appropriate” time. Her response was not appropriate.
First, this highly politicized ministry should not be having “oversight” of anything that should be in the remit of the LGC. Ms Parag has already been accused of interfering in the Linden Town Council where the governing PPP/C has inserted a Town Clerk who was on their electoral list. That inclination to try to control the business of opposition-led local councils is divisive and debilitating. It is played out particularly at regional and municipal councils and usually with disastrous consequences for the people of those communities. Political appointees should be banished from these councils for once and for all.
Second, the minister herself has little to do with the process of composing the LGC save for the appointment of one member. The appointments are mainly the business of Parliament, the President and the Opposition Leader. Perhaps the minister should have simply said that she was anxious for the appointments to be made. It is unclear why President Ali has not named his candidates for the LGC and why he has not consulted on three others with the Opposition Leader as required by the governing act.
The use of the word “appropriate” was also troubling as the minister seemed to arrogate to herself and/or the government the determination of a timeframe for what should ordinarily be urgent matters that follow a set pattern. On the expiry of the life of the Commission the process for renewal should begin immediately so as to limit dislocation as a result of the interregnum.
Appropriate also becomes a byword for ‘we will do it our way and when we like and to hell with those who don’t like it’. That, of course, undermines the rule of the law and the expectation of compliance with the unwritten social contract.
Perhaps Minister Parag was following the pattern set by the President and Head of State. He has taken it upon himself to state frequently that a Chancellor and a Chief Justice will be substantively appointed at the “appropriate” time even though these important positions are being undermined by his unjustified prevarication. Moreover, President Ali should now be seen to be in flagrant violation of the ruling of Justice Damone Younge.
In April of 2023, rejecting an opposition motion that the President was in breach of the constitution on the confirmation of a Chancellor and a CJ, High Court Judge Damone Younge ruled that President Ali must act with “all convenient speed” in ensuring the appointments of a substantive Chancellor and Chief Justice and therefore must also move with swiftness in engaging the Leader of the Opposition as is mandated by the Constitution. She added that the current state of affairs “is a stain to our country’s otherwise richly woven legal tapestry.” Twenty-one months later, there has been no action by the President.
Who will recognise that breach and seek its remedying? Certainly not the Attorney General and most likely not the presently supine bar association unless its interests were threatened by the arrival of a horde of American attorneys at the local courts.
But back to the LGC. Its mandate is broad and extensive and the country should not be without a functioning one even if the last one was also highly politicized.
The commission is to a) monitor and review the performance and implementation of policies of all local government organs, including policies of taxation and protection of the environment;
b) monitor, evaluate and make recommendations on policies, procedures and practices of all local government organs in order to promote effective local governance;
c) investigate any matter under its purview and propose remedial action to the Minister;
d) monitor and review all existing and proposed legislation, and or policies and measures relating to local government organs;
e) examine and propose ways of enhancing the capacity of local government organs.
It is also of course responsible for all matters relating to staffing of local government in particular employment and approval of remuneration.
It is impossible to contemplate that the LGC would be non-functional for nine months in a milieu where local government elections have been consistently held and there are myriad issues to address at Neighbourhood Democratic Councils and other tiers of local government.
