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SELECT COMMITTEE ON LOCAL GOVERNMENT AND ADMINISTRATION 6 OCTOBER 2004

MUNICIPAL DEMARCATION BOARD 2005-2006 local elections 2004 ward delimitation Presentation: Vuyo Mlokoti: Chair: MDB. SELECT COMMITTEE ON LOCAL GOVERNMENT AND ADMINISTRATION 6 OCTOBER 2004. OVERVIEW OF PRESENTATION. The Municipal Demarcation Board Legal framework

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SELECT COMMITTEE ON LOCAL GOVERNMENT AND ADMINISTRATION 6 OCTOBER 2004

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  1. MUNICIPAL DEMARCATION BOARD2005-2006 local elections2004 ward delimitationPresentation: Vuyo Mlokoti: Chair: MDB SELECT COMMITTEE ON LOCAL GOVERNMENT AND ADMINISTRATION 6 OCTOBER 2004

  2. OVERVIEW OF PRESENTATION • The Municipal Demarcation Board • Legal framework • Why are existing ward boundaries changing • The phases, timeframes and process • Progress • Funding • Challenges

  3. Background: The MDB • Established in terms of Local Gov: Municipal Demarcation Act, 1998 • Independent from Government • 9 Members: Only Chair full time • 24 staff members • Core functions • Determination/re-determination of municipal boundaries • Delimitation of wards • Assess the capacity of municipalities to perform their functions

  4. Legal Framework: Objects of local government: The Constitution: Sec 152 (1) The objects of local government are- (a) to provide democratic and accountable government for local communities; (b) to ensure the provision of services to communities in a sustainable manner; (c) to promote social and economic development; (d) to promote a safe and healthy environment; and (e) to encourage the involvement of communities and community organisations in the matters of local government. (2) A municipality must strive, within its financial and administrative capacity, to achieve the objects set out in subsection (1). Can the ward delimitation process assist in enhancing the above-mentioned objects?

  5. Legal Framework: The Board’s Mandate • MDB: Constitutional Mandate • Sec 157(4) of the Constitution provides that: "If the electoral system includes ward representation, the delimitation of wards must be done by an independent authority (MDB) … operating according to procedures and criteria prescribed by national legislation." • Constitution – Three Categories • Category A: A municipality that has exclusive municipal executive and legislative authority in its area • Category B: A municipality that shares municipal executive and legislative authority in its area with a category C municipality within whose area it falls • Category C: A municipality that has municipal executive and legislative authority in an area that includes more than one municipality. • Electoral system includes ward representation for Category A and B municipalities

  6. Legal Framework: The role of the IEC Divide the national common voters’ roll into municipal segments • MSA: Sec 20: Minister must determine the formula for the number of councillors. Formula must be based on the number of voters registered on the municipal segment of the national common voters' roll. • Be available for consultation • MSA: Sec 24: Minister, after consulting the Electoral Commission, must, call and set a date for the local elections. • MSA: Schedule 1: Item 2: The Demarcation Board after consultation with the Electoral Commission must delimit all metropolitan municipalities and all local municipalities that must have wards, into wards.

  7. Legal Framework: The role of the Minister Determine the formula for the number of councillors MSA: Sec 20(1): The number of councillors of a municipal council- • must be determined in accordance with a formula determined by the Minister by notice in the Government Gazette, which formula must be based on the number of voters registered on that municipality's segment of the national common voters' roll on a date determined in the notice; • may not be fewer than three or more than 90 councillors, if it is a local or district municipality; and (c) may not be more than 270 councillors, if it is a metropolitan municipality.

  8. How do the fomulea work? Category A Municipalities Number of Councillors = Number of registered voters on 20 Feb 2004/10000) + 60 Category B Municipalities • less than 7501 registered voters then: Number of Councillors = 5 • Between 7500 and 100 001 registered voters then: Number of Councillors=(Number of registered voters/1682)+ 1 • More than 100 000 registered voters then: Number of Councillors = Number of registered voters /8333)+48

  9. Legal Framework: The role of the Minister (cont) Determine the date for local election MSA: Sec 24(1) & (2): The term of municipal councils is five years, calculated from the day following the date set for the previous election of all municipal councils. The Minister, after consulting the Electoral Commission, must, by notice in the Government Gazette, call and set a date for an election of all municipal councils. Elections must be held within 90 days of the date of the expiry of the term of municipal councils. The notice may be published either before or after the term of municipal councils expires.

  10. Legal Framework: The role of the MEC responsible for local government Apply the Minister’s formula, and the criteria, and decide on deviation MSA: Sec 20 (3) & (4): The MEC for local government in a province may deviate from the number of councillors determined by the formula: (a) increasing the number of councillors if extreme distances, a lack of effective communication in the municipality or other exceptional circumstances render it necessary; or (b) decreasing the number of councillors if it is necessary to achieve the most effective size for- (i) active participation by all councillors at council meetings; (ii) good and timely executive and legislative decisions; (iii) responsiveness and accountability of councillors, taking into account the possible use of modern communication techniques and facilities;or (iv) the optimum use of municipal funds for councillor allowances and administrative support facilities.

  11. Legal Framework: The role of the MEC responsible for local government (Cont) Apply the Minister’s formula, and the criteria, and decide on deviation (cont) A deviation may be no more than- (a) three of the number if 30 or fewer councillors have been determined for the municipality in terms of the formula, provided that a council of fewer than seven may not be decreased; or (b) 10 per cent if more than 30 councillors have been determined for the municipality in terms of the formula.

  12. Legal Framework: The role of the MEC responsible for local government (cont) Determine the number of councillors MSA: Sec 18(3): A municipal council consists of a number of councillors determined by the MEC for local government in the province concerned by notice in the Provincial Gazette.

  13. Legal Framework: The role of the MDB Determine the number of wards • MSA: Sec 22(2): The number of ward councillors in a metropolitan or local council must be equal to 50 per cent of the number of councillors • MSA: Schedule 1: Item 2: The number of wards in a metropolitan or local municipality must be equal to the number of ward councillors Determine the norm for the number of votes per ward and the15% deviation • MSA: Schedule 1: Item 4: The number of registered voters in each ward, may not vary by more than fifteen per cent from the norm, where the norm is determined by dividing the total number of registered voters on the municipality's segment of the national common voters roll by the number of wards in the municipality.

  14. Legal Framework: The role of the MDB (con) • Delimit wards • MSA: Schedule 1: Item 2: The Demarcation Board after consultation with the Electoral Commission, must delimit all metropolitan municipalities and all local municipalities that must have wards, into wards. • MSA: Sec 22(4) Local municipalities with fewer than seven members have no wards.

  15. Legal Framework: The role of the MDB (con) Gazette wards and consider objections MSA: Schedule 1: Item 5: (1) The Demarcation Board must publish its delimitation of wards for a municipality in the Provincial Gazette. (2) Any person aggrieved by a delimitation may within 14 days of publication submit objections in writing to the Demarcation Board, and the Board must- (a) consider those objections; and (b) confirm, vary or withdraw its determination.

  16. Legal Framework: The criteria MSA: Schedule 1: Item 5: Each ward in a municipality must have approximately the same number of voters, taking into account the following criteria: • The number of registered voters in each ward, may not vary by more than fifteen per cent from the norm. (b) Avoid as far as possible the fragmentation of communities. (c) The object of a ward committee which is to enhance participatory democracy in local government.

  17. Legal Framework: The criteria (cont) (d) The availability and location of a suitable place or places for voting and counting if appropriate, taking into consideration- (i) communication and accessibility; (ii) density of population; (iii) topography and physical characteristics; and (iv) the number of voters that are entitled to vote within the required time- frame. (e) The safety and security of voters and election material. (f) Identifiable ward boundaries.

  18. Examples of rules applied in drawing ward boundaries • Ward boundaries should be contiguous. • Retain existing ward boundaries as far as possible. • Ensure that when communities, reading from the ward map, will be able to identify ward boundaries on the ground. Use roads, fences, rivers etc. • Do not split obvious groupings of villages/suburbs, traditional areas etc.

  19. Examples of rules applied in drawing ward boundaries (cont) • Keep the number of voters as close to the norm as possible to ensure that certain voting stations does not get overburdened having too much voters to accommodate in the required time frame • Take physical characteristics into account • adequate road networks should exist • no physical barriers such as a freeway, river, servitudes, fences etc. that could hinder accessibility to voting stations • Avoid people having to cross steep valleys, mountains, rivers, canals etc • Use Voting District boundaries, as building blocks.

  20. Why are existing ward boundaries changing • The number wards increased as a result of an increase in the number of councillors: in 2000 - 3754 wards, in 2004 – 3875 wards; • Registered voters migrated to other wards; • Additional voter’s registered in wards; • Boundaries need to change to ensure that each ward in the municipality has approximately the same number of registered voters (15% deviation allowed).

  21. The phases, timeframes and process

  22. Progress: Phase 1 • MDB planned to commence with ward delimitation process in February 2004; • Process delayed as a result of national and provincial elections, and delays in determining the formula and the number of councillors; • Phase 1 has almost been completed; • Some sec 23 notices (MECs) and concurrence of some provincial legislatures for CBM boundaries are still outstanding; • National legislation to authorise CBM boundary changes, still to go through Parliament • One or two corrections to be made to number of councillors and number of wards (Amendment of MEC sec 18(3) notice).

  23. Progress: Phase 2

  24. Progress: Phase 2 (cont)

  25. Progress: Phase 2 (cont)

  26. Progress: Phase 2 (cont)

  27. Submission received on the first set of ward boundaries (as on 4/10)

  28. Phase 2: Outstanding • Closing date for public submission from Limpopo – 8 October 2004 • Release of map set 2 for KZN and EC – 11- 14 October 2004 • Meeting of Limpopo Delimitation Committee to consider public submission and prepare ward set 1 – 18 & 19 October 2004 • Release of Limpopo map set 2 – 22 October 2004 • Public hearings – 25 October to 26 November 2004 • Closing date for submission on ward set 2 – 30 November 2004 • Possible additional hearings – December 2004 • Accommodate public hearing inputs in third set of boundaries – December 2004/January 2005

  29. How will public hearings work • MDB has established 5 delimitation committees comprising of Board members (Chairs), MDB officials, and representatives of provinces & DPLG. IEC will send an observer; • One hearing will be held in each metro and each distict area (for the local municipalities within the district area); • The second set of ward boundaries for all provinces will, as far as possible, be made public before the hearings; • At the hearing the Chair will give an overview of the legal framework and the rules for public hearing; • Delegates will then be allowed to discuss, if necessary, each ward in each municipality earmarked for that particular hearing; • Persons wishing to participate in the hearing are encouraged to also make their submission in writing available to the MDB; • Contributions by persons who wish to make written submissions, without attending the hearing, will also be welcomed (before 30 November 2004).

  30. Public hearing programme: EC

  31. Public hearing programme: KZN

  32. Public hearing programme: KZN (Cont)

  33. Public hearing programme: FS

  34. Public hearing programme: NC

  35. Public hearing programme: WC

  36. Public hearing programme: MP

  37. Public hearing programme: LIM

  38. Public hearing programme: GT

  39. Public hearing programme:

  40. Public hearings: IMPORTANT • Public hearings will be held to discuss the SECOND SET of draft ward boundaries (blue colour); • Important to confirm venues and dates: 012-3422480 or Nalini@demarcation. org.za • If possible, register attendance by providing the following to the Board: Name of hosting municipality_______________________Code:______________________ Venue:_______________________________________________________ Date:_________________________________________________________ YOUR NAME; THE NAME OF THE MUNICIPALITY OR ORGANISATION THAT YOU WILL BE REPRESENTING; TEL AND/OR CELL NUMBER; FAX NUMBER & E-MAIL ADDRESS. (Please fax or email to: 012-3422480 or Nalini@demarcation. org.za)

  41. Phase 3 From January to April 2005 the following is envisaged: • The 3rd set of ward boundaries will be published in Provincial Gazettes for objections; • The Board will consider all objections and prepare a 4th set of ward boundaries; • The 4th set of ward boundaries will be handed to the IEC for the electoral process.

  42. Funding • An envisaged national ward delimitation process had to be converted in a provincial process due to delays; • Delays adversely affected the Board’s budget; • Limited 2004/2005 budget approved for ward delimitation; • Already discontinued media communication campaign to save costs; • Rely on municipalities to consult communities and ensure participation in public hearings; • Approached Cabinet for funding.

  43. Funding (Cont) • For the 2004/2005 an amount of R17,023,000 was allocated to the Board for performing all its statutory duties, including ward delimitation. • To follow a national ward delimitation process the Board required a minimum additional amount of R5,553,000 • To follow a provincial approach the R5,5 million need to be increased to R15,670,000

  44. Funding (cont) • Ward delimitation requires in broad terms: • Efficient and effective Geographic Information Systems (computer hard and software including plotters) to draw, print and publish ward boundary maps; • The employment of external consultants, as the Board do not have the necessary internal human resource capacity and infrastructure for such an extensive project; • An extensive consultation process involving committee meeting with stakeholders at national and provincial level; newspaper and radio advertisements, travel and accommodation costs, and public hearings in as many as possible of the 237 district and local municipal areas (at least 1 per metro and 1 per DC area subject to resources); • Postal, courier and telecommunication service to distribute ward maps to municipalities and other stakeholders; • Publication of all ward boundaries in Provincial Gazettes for objections. • Preparation of final ward boundaries for the IEC the electoral process.

  45. Funding (cont): Revised budget for ward delimitation

  46. Challenges • To obtain the necessary funding to complete the process; • To ensure an improvement on the 2000 ward boundaries, but in compliance to the criteria set out in Schedule 1 to the Structures Act, 2004; • To get local government stakeholders to prioritise the ward delimitation process, and to attend to outstanding issues as matters of extreme high priority; • To encourage communities and the general public to participate in the process by either commenting in writing on draft boundaries, or to make contributions at the public hearings. • To review the local government legislation in general, but also specifically, around the delimitation of wards, so as to enhance the Constitutional objects of local government.

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