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to 2nd StreetNet Congress 2007
PSI and StreetNet International
Workshop report March 2005
Zambia Alliance Building Preparatory Project
Participants
- Zambia
United Local Authorities Workers Union (ZULAWU), Alliance for Zambia Informal
Economy Associations (AZIEA), Zambia National Marketeers Associations (ZANAMA)
and Workers Education Association of Zambia (WEAZ).
The
AZIEA and ZULAWU Alliance Building Preparatory Project was initiated by
StreetNet International and Public Service International as part of the broader
effort to bring both formal and informal workers in the public service to begin
to have collaborative working partnerships and build alliances in addressing
their common problems.
The
project had three key activities, including the planning meeting, education
(national workshop) and follow-up consultative meetings in Kitwe, Ndola and
Lusaka.
This
narrative report covers the national workshop held on February 17-20 2005, at
Mindolo Ecumenical Foundation, Kitwe.
Workshop
The
workshop was attended by senior members of four organization including Zambia
United Local Authorities Workers Union (ZULAWU), Alliance for Zambia Informal
Economy Associations (AZIEA), Zambia National Marketeers Associations (ZANAMA)
and Workers Education Association of Zambia (WEAZ).
The
workshop had the following objectives:
Official Opening Ceremony
The three presidents: Mrs Rose Mwanza from Workers
Education Association of Zambia, Mr Gladson Chunga from Zambia United Local
Authorities Workers Union and, Mr Elvis Nkandu from Alliance for Zambia Informal
Economy Associations, expressed happiness at the initiative to bring the public
service workers in both formal and informal economy to share experiences and
build a common front.
The Keynote
official address was delivered by the Zambia Congress of Trade Unions Deputy
General Secretary, Ian Mkandawire. In his address, he expressed gratitude to the
Public Service International for funding the workshop, and described the
workshop as a landmark occasion where organizations which have been perceived to
be arch-rivals are engaged in constructive discussion and debate to seek
solutions to common problems.
Paper Presentation
The first paper was presented by Mr Chomba
Mulenga and was entitled “Critique of Local Authorities revenue sources and
expenditure patterns.”
In his paper, he cited the Local Government Act
section 6, as the law that establishes the councils as independent corporate
entities. These councils may be either city, municipal or district.
They are established as agents of the central
government in providing essential infrastructure and services on behalf of the
government. They therefore, have
legal powers to raise revenue required to finance the provision of
infrastructure and services.
The financial regulation of the Local Government
Act provided the legal framework in which the council raises revenue and spends
it. Before the council raised revenue from the residents and institutions eg
companies, it must prepare and submit a budget for approval by the Ministry of
Local Government and Housing.
The budget must indicate how much will be spent
on service provision and related costs and on capital expenditure e.g
construction of houses, new roads, markets, bus stations, etc.
The councils are expected to raise revenue from
various local sources such as
Property
tax;
Personal
levy;
House
Rentals;
Motor vehicle taxes
Licences;
Trading licenses;
Market fees;
Government grants-which may be specific or
general or grants in lieu of rates;
Other charges
eg parking levies, and host of
miscellaneous sources of revenue under council by-laws.
He however observed that since 1996, there have
been a lot of changes that have affected the revenue base of councils including
the removal of rentals through the sale of houses to sitting tenants, amending
the Rating Act in 1997, which includes excemptions for
Churches, ZESCO, Mines, Zamtel, Zambia Railways from paying rates.
Again in 1997, the Water and Sanitation Act was
passed which took way the water charges to the water companies. In the same
year, the motor vehicle licenses was taken way and given to the Roads Traffic
Commission.
There was generally a process of fragmentation
of revenue bases of councils by creating several smaller, but unreliable
councils, resulting in the complete destruction of the local government system.
He said it seems as if the council now collects money from residents to sustain
itself, rather than providing services to sustain the lives and economic
activity of the residents.
He further observed that the key sources of
revenue remaining for most councils which have managed to draw up current
valuation rolls are property tax (Rates), personal levy-sources of revenue for
councils with mining companies and manufacturing industries eg Kitwe and Lusaka,
Market and parking levies and trading licenses.
In making a comparative analysis of the various
sources of revenue and their relative contributions to the total council’s
revenue, there is need to consider that the importance of a particular revenue
source will vary from one council to another depending on:
The location i.e. urban vs. rural councils
The economic activities within the district e.g
mining or manufacturing.
He criticised the current budgeting process as
very narrow in consultation, and lacking in transparency and accountability.
Currently, the residents are required to pass on their developmental proposals
to the ward councillor who later submits these proposals to the Finance and
General purposes sub-committee for consideration in the draft budget, which is
then approved by the full council. Members
of the public are invited to observe the full council deliberations.
Instead, he proposed that the budgeting process
should be widened to include consultation with key stakeholders, including the
unions and associations such as Zambia United Local Authorities Workers Union
and Alliance for Zambia Informal Economy Associations and the Zambia National
Marketeers Association. In order to promote transparency and accountability, he
considered that the key stakeholders should be encouraged
to observe the financial and general purpose sub committee deliberations.
Modus
Operandi of Local Authorities-The legal perspective
The second paper was presented by Luanshya Town
Clerk, Mr Andrew Mwanakulanga and was entitled Modus Operandi of Local
Authorities-The legal perspective. The key points of his address were
These local authorities are,
however, all referred to as “Councils;”
The principle enabling legislation that constitutes the institutional and legal framework of the local government system in Zambia is the Local Government Act (1991), with all the amendments and statutory instruments such as the local government financial regulations statutory involvement #125 (1992) and the local authorities service regulations statutory instrument #115 (1996);
Apart from establishing councils as
independent legal entities, the Local Government Act (1991) also sets out the
mandatory as well as discretionary functions that a local authority shall
perform or may perform;
This is in Section 61, the second
schedule of the Act;
Although the Local Government Act
(1991) constitutes the principle legislation, the day-to-day operations of local
authorities (councils) is influenced or circumscribed by a number of laws (Acts
and Statutory instruments);
Examples of these pieces of
legislation which condition the operating environment of our councils are:
The Town and Country Planning Act
The Environmental Protection and Pollution Central Act
The Public Health Act
The Electoral Act
Other
laws which affect operations of councils are related to the work of the the
Ministry of Lands and Agriculture, and commerce, transport etc.
Decentralisation policy- reinforcing the status
quo or on opportunity for change?
The Decentralisation Director, Elizabeth Mvula
,from the Ministry of Local Government and Housing, spoke about the policy that
the National Government recently launched.
The aim of the policy is transfer the
responsibilities, power, and resources to the local people. The policy document
has four major components including restructuring of the councils.
Saturday 19 February 2005
The workshop continued with inputs through the
paper presentations:"Enhancing local authorities service delivery- a
consumer perspective
LOCAL
GOVERNMENT SERVICES TO THE CONSUMER
Basic infrastructure
Roads
Electricity
Water and Sanitation
Health Services
Housing
Library Services
Solid Waste Management
Fire cover
Land Development
Environmental Health
Market
Lack of capacity to collect revenue
Perceived political interfering
The Local Government Act
- More consumer outrage
- Punishment for failure
- Improve collection efficiency
- Further decentralization – Management Board
Panel Discussion
Pat Horn facilitated the discussion on global
experience of privatisation of public services and social movement’s
engagement in anti-privatisation struggles.
She gave an outline of the social movement’s
key constituency including the landless people’s movement, the movement
against third world debt, and the anti-globalisation movement.
The social movement is diverse, and the
strategies are equally diverse, but the social movement is driven by the
principle of opposition to neo-liberalism and the attendant poverty,
particularly in developing countries.
The three organisations including ZULAWU, AZIEA
and ZANAMA gave their policy positions on the issue of privatisation of public
asserts, including markets.
AZIEA and ZANAMA agreed that markets should be
managed by the associations or market committees but through the cooperatives,
but the ZULAWU position is against the privatisation of markets.
Drawing up the charter of demands, and
recommendations
Two mixed groups of AZIEA, ZANAMA and ZULAWU
were set up to carry out an analysis of the common problems and challenges, and
draw up the charter of common demands.
In their reports, they noted that, though they
were indeed common problems arising from the fact that they were mainly engaged
in negotiations with the Ministry of Local Authorities, they observed some
differences that pose a threat to the formation of the alliance between ZANAMA
and ZULAWU, and these include fear of loss of employment and revenue by ZULAWU,
in case the markets are taken over by ZANAMA. ZANAMA however is very determined
to take over the management of markets because of the failure of service
provision by the local authorities, irrespective of the daily collection of
levies.
The groups identified lack of accountability and
transparency in the formulation and expenditure of council budgets, corruption
and pilfering as the common challenge that they are facing.
Other challenges include little or no government
grants in the national budgets given to the local authorities thus making the
operations and programmes of the councils unsustainable.
The report also noted the heavy political
interference by the ruling party in the management of councils.
Arising from the analysis of common problems and challenges, the groups formulated the common demands/resolutions including:
An exploration of a joint bargaining forum to
demand better service delivery;
The launch of joint lobbying and advocacy campaigns around the issue of increasing the budgetary allocation of grants to the councils, and that the grants should be remitted on time;
To demand full participation in the designing,
formulation and implementation of budgets and other developmental projects in
order to ensure accountability and transparency.
Evaluation
The delegates observed that the workshop was
very informative, and gave an opportunity to both ZULAWU and ZANAMA to gain a
better understanding of their differences and common problems, and the need to
begin to build and strengthen the alliance based on the common challenges.
They paid tribute to the organisers and
facilitators for the democratic and participatory approach they used in ensuring
that every one had his or her voice heard in the discussions and debates.
They however, noted that the two days of deliberation was not sufficient enough to discuss the issues in greater detail.
Recommendations
The workshop recommended that:
(2) the organisations should embark on a joint
campaign focussing on the key issues, including the demand for better wages, and
an enabling environment for market and street vendors.
March 2005
Zambia
project: ZULAWU – AZIEA
Joint
demands for negotiation with municipalities
Participatory budgeting process involving all stakeholders
including ZULAWU and ZANAMA.
Transparency and accountability – ZULAWU and ZANAMA expect
reports about how revenue is being spent.
Joint revenue collection – to enhance the revenue base of
local government.
Regular audits of local government finances.
Provision of quality service delivery.
Participatory management.
Joint demands on grants to local government.
Full community participation in all Council meetings.
Joint collective bargaining on issues, which affect both
ZULAWU and ZANAMA.
Local Government Ministry to attend meetings of interest groups.
Joint campaigns and joint budget planning.
Joint monitoring structures to be set up involving stakeholders.
It
was agreed that these would be tabled for discussion with the ZULAWU NEC and
AZIEA would circulate these to their affiliates.