1 PRESENTATION TO 55 th ALAN CONGRESS HELD IN WINDHOEK 21 ST JULY 2011 LOCAL GOVERNMENT SYSTEM IN BOTSWANA K. Moletsane

2 1.INTRODUCTION District and Urban Councils in Botswana are creations of parliamentary statutes, ie Local Government (District Councils) Act (CAP 40:01) and Townships Act (CAP 40:02) respectively The two Acts have been reviewed to merge them into one Local Government Act and the draft Bill is under debate in current Parliament sitting

3 INTRODUCTION Councils therefore derive their powers to exercise good governance and take responsibility for development in their areas of jurisdiction from the two Acts. Botswana operates a two – tier system of government ie, Central and local government (comprising district and urban councils). Representative local government in Botswana has evolved and developed since its start at independence in 1966 because of government’s commitment to rural development and a steady process of decentralization spearheaded by the Ministry of Local Government. Creation of a conclusive environment for local government development, community participation, strategic direction and national policy formulation is the responsibility of the Ministry of Local Government under which Councils fall.

4 2.ESTABLISHMENT AND CONSTITUTION OF COUNCILS Councils in Botswana are corporate bodies with distinct names by which they are established. A Council can be sued and can also sue, Section 4 of the Local Government (District Councils) Act and regulation 4(1) of the Township Act empower the President and Minister of Local Government to establish District and Town Councils respectively. The two statutes provide that both District and Town Councils shall be constituted by an order establishing a Council stating number of members (both elected and nominated) as deemed appropriate. Botswana has 16 Councils made up of 10 District Councils and 6 Urban Councils

5 ESTABLISHMENT AND CONSTITUTION OF COUNCILS Cont……. In addition to the two Acts there are other statutes governing the operations of Councils and these include among others: a)Public Health Act (Cap 63:01) b)Children’s Act (Act no 8 of 2009) c)Adoption of children’s Act (Cap 28:01) d)Water Act (Cap 34:06) e)Matimela Act (Cap 36:06) f)Education Act (Cap 58:01)

6 ESTABLISHMENT AND CONSTITUTION OF COUNCILS Cont……. g)Pounds Act (Cap 36:05) h)Building Control Act i)Fire Services Act (Act No 5 of 1994) j)Environmental Impact Assessment Act 2005 k)Local Authorities Procurement and Asset Disposal Act 2008 l)Town and Country Planning Act (Cap 32:09)

7 3. FUNCTIONS & DUTIES OF COUNCILS In terms of Section 31 of Local Government (District Councils) Act and regulation 32 of Townships Act, Councils are to: Provide primary schools and other educational services in relation to primary education. Provide sanitary services for the removal and disposal of refuse. Safeguard and promote public health and prevent occurrence of any outbreak or prevalence of any disease. Provide public lavatories Construct and maintain public roads and streets other than those constructed and maintained by central government.

8 FUNCTIONS & DUTIES OF COUNCILS Cont… Name roads and streets within the council area. Establish, maintain and control markets Establish and maintain recreational grounds and other public places. Establish and maintain cemeteries and burial grounds. Carry into effects byelaws made by Council. Secure the proper working of Council and any committees and the welfare of its employees.

9 FUNCTIONS & DUTIES OF COUNCILS Cont… Control urban building design and standards Provide social and community development services Organize the collection, retention and where applicable, sale of Matimela Encourage Industrial and Commercial development, especially where this will provide employment Act as fire authorities to maintain fire brigades and to be responsible for extinction of fires and protect life and property in case of fire.

10 4. COUNCIL LINKAGE WITH OTHER LOCAL INSTITUTIONS As key service providers in the district, Councils do not exist in isolation. There are other critical institutions at the district level that compliment the work of Councils and vice versa. Some of the key local institutions include:

11 COUNCIL LINKAGE WITH OTHER LOCAL INSTITUTIONS Cont… Office of District Commissioner Landboard Tribal Administration Private sector and NGOs Central government department and parastatals in the district Development partners and donor agencies Village Development committees Community Based Organisations and Civil Society Organisations

12 5.POLICIES GOVERNING OPERATIONS OF COUNCILS In addition to statutes through which Councils operate, there are number of policies that Councils use in executing their mandate. These include among others: Revised National Settlement Policy of National Policy on Housing in Botswana of Revised National Policy on Education (RNPE) of 1994.

13 POLICIES GOVERNING OPERATIONS OF COUNCILS Cont….. Revised National Policy on Destitute Persons of Early Childhood Care and Education Policy (ECC&E) of Short Term Plan of Action (STPA) on Care of Orphans in Botswana, Village/Ward Development Committee Guidelines of Revised National Policy on HIV/AIDS of 2002 White Paper on the Second Presidential Local Government Structure Commission of 2004.

14 POLICIES GOVERNING OPERATIONS OF COUNCILS Cont….. Revised Rural Development Policy of National Strategy for Poverty Reduction of Roads Maintenance Study Manual. National Water Master Plan.

15 End Thank you