kingdom of lesotho local governance, decentralization and ......• manage local finance • manage...
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Kingdom of Lesotho
Local Governance, Decentralization and Demand-Driven Service Delivery
VOLUME II: ANNEXES
DRAFT REPORT - CONFIDENTIAL
WORLD BANK
IN COLLABORATION WITH GOVERNMENT OF LESOTHO, GTZ, AND FAO
JUNE 27, 2007
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Table of Contents ANNEX 1: LITERATURE REVIEW ON DECENTRALIZATION IN LESOTHO 3 ANNEX 2: DETAILED ASSESSMENT OF THE IMPLEMENTATION OF THE ACT 10
ANNEX 3A: STATUS OF IMPLEMENTATION OF THE PROVISIONS OF LOCAL GOVERNMENT ACT AS AMENDED .10 ANNEX 3.B STATUS OF IMPLEMENTATION OF THE ACT IN THE SECTORS .......................................................... 18
ANNEX 3: CONCEPT PAPER ON CHANGE MANAGEMENT 27 ANNEX 4: PERCEPTIONS OF DECENTRALIZATION AT COMMUNITY AND DISTRICT LEVEL 31
ANNEX 4. 1 ADDITIONAL DETAILS ON METHODOLOGY, CCS AND VILLAGES .................................................. 31 ANNEX 4.2 THE STORY OF MR POTSO CHALLENGING THE RIGHT TO FINE WITHOUT ISSUING RECEIPT ............ 32
ANNEX 5: PRIORITIES, ACCESS AND QUALITY OF SERVICES 33 ANNEX TABLE 5.1: PRIORITY AND ACCESS TO SERVICES ACROSS VILLAGES WITH DIFFERENT ROAD ACCESS .. 33 ANNEX FIGURE 5.1: SERVICE PRIORITY IN THABA-TSEKA ............................................................................... 34 ANNEX FIGURE 5.2: SERVICE ACCESS IN THABA-TSEKA.................................................................................. 35 ANNEX TABLE 5.2: STATUS OF SERVICES FOUND IN VILLAGES VISITED BY THE TEAM.................................. 36
ANNEX 6: PROPOSED LEGAL CHANGES 39 ANNEX 7: ALLOCATION OF FY2006/07 CAPITAL GRANT TO THE 128 COMMUNITY COUNCILS 43 ANNEX 8: DETAILED AGRICULTURAL AND NATURAL RESOURCE RECOMMENDATION 47
ANNEX TABLE 8.1: RECOMMENDATIONS SPECIFIC TO RANGELAND USE AND MANAGEMENT ........................ 48 ANNEX TABLE 8.2: RECOMMENDATIONS FOR SCALING UP SPECIFIC TO WOOL AND MOHAIR ......................... 49 ANNEX TABLE 8.3: RECOMMENDATIONS FOR SCALING UP SPECIFIC TO HORTICULTURE ................................ 50
ANNEX 9: “OPEN SPACE” RECOMMENDATIONS FROM THE REVIEW WORKSHOP 51 GROUP A: RELATIONSHIPS BETWEEN TIERS OF GOVERNMENT AND CITIZENS.................................................. 51 GROUP B: RECOMMENDATIONS ON ADMINISTRATIVE DECENTRALIZATION..................................................... 52 GROUP C: RECOMMENDATIONS ON THE ROLE OF THE SECTORS....................................................................... 53 GROUP D: RECOMMENDATIONS ON COMMUNITY EMPOWERMENT WITHIN THE LOCAL AUTHORITY SYSTEM..54 GROUP E: RECOMMENDATIONS ON LEGAL REFORMS ...................................................................................... 55 GROUP F: RECOMMENDATIONS ON FISCAL DECENTRALIZATION..................................................................... 56 GROUP G: AGRICULTURE & NATURAL RESOURCE MANAGEMENT................................................................... 57
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Annex 1: Literature Review on decentralization in Lesotho Decentralization has often constituted one of the key facets of development administration in post independence Lesotho. Evidence from the country’s Five Year Development Plans, as well as subsequent National Development Strategies (such as the Vision 2020 and National Poverty Reduction Strategy, among others), point to the commitment of the Government of Lesotho to effect decentralization in order to promote participatory development and efficient service delivery at sub-national levels. However, a close scrutiny of Lesotho’s decentralization policies and their implementation at different times since independence to date indicates mixed results which lean more towards lack of success (Mbetu & Tshabalala, 20061). Therefore, it is crucial to make a short history as entrée to more informed analysis of status of the implementation of the Local Government Act 1997 as amended. Decentratlisation in Lesotho dates back to colonial times which saw District Councils and Basutoland National Council as peoples representative bodies in their different ways and even at the end of colonial rule in 1965 (Mofuoa, 2005:32; Wallis and van deer Geer, 1984:660 and van de Geer, 1984:183; Mapetla and Rembe, 1989:22-23). Mapetla and Rembe (1989:18)4 argue that the functions of the District Councils were to, inter alia:
• act as advisory bodies to the National Council,
• become conduits for popular participation
• be electoral colleges for representation to National Council
• make by-laws
• manage local finance
• manage development work in general
• handle agriculture and livestock
• maintain bridle paths
• maintain feeder roads, public order, health
• regulate trade
After Lesotho gained independence in 1966, the then Government of Lesotho under the rule of the Basotho National Party (BNP) abolished the District Councils through the local Government Act 1968 because it felt that they complicated lines of communication between the Central authorities and the districts which demanded more power and autonomy in decision making. Moreover, it is widely believed, the BNP Government feared that the Councils were dominated by the then opposition Basutoland Congress Party (BCP) and therefore saw them as a political threat. Thus they were abolished for political expediency. Another reason was that they deprived the Central Government of access and control over local resources and sources of central state revenue; however, the Government claimed they lacked efficient financial and resources management skills, and needed Central Government tutelage.
1 Mbetu, R. and Tshabalala, M. (2006): Concept Paper (for) Lesotho Local Development Programme. UNDP/UNCDF/Gol. Maseru. 2 Mofuoa, V. (2005): “Local Governance in Lesotho: In Search of an appropriate format” EISA Occasional Paper No. 33. EISA. Johannesburg. 3 Wallis, M. & Van de Geer, R (1984): Government and Development in Lesotho. Morija Printing Works. Morija. 4 Mapetla, E. & Rembe, S. (1989): Decentralizations and Development in Lesotho. EPIC Printers. Maseru.
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Interestingly, whilst the Government abolished the District Councils, it maintained the policy of decentralization and went on to put in place its own model of decentralization wherein the Central Government maintained a master position and allocated menial functions to local structures to run on a patron-client basis in terms of purely administrative functions. To this end, in 1968, administrative decentralization based on prefectorial model was put in place, wherein the head of the district – District Administrator - supported by heads of line Ministries departments as his/her consultants, saw to it that the decisions imposed by the Central Government head quarters in Maseru were implemented and adhered to the letter. In hindsight, in 1969, the Local Government Act 1969 was put in place to establish District Development Committees (DDCs) and Village Development Committees (VDCs) to promote participatory local development planning and administration. Complimentary local institutions were Constituency Committees (CCs) which were exclusively BNP composed and mandated, and Ward Development Committees (WDCs). Over time, especially in the late 1970s and early 1980s, efforts were made to open up decentralization to become more inclusive in order to offset and minimize the negative impacts of the centralized model of decentralization practiced between 1969 and 1980. This model was constrained by complete control by the Central Government, BNP political despotism, manipulation, lack of training to the local authorities (VDCs, DDCs, and WDCs), marginalization of chieftainship and subsequent struggle for power and functions between VDCs and chiefs, lack of clear separation of functions in service delivery between VDCs, line ministries and chiefs, no working space and funds, weak community participation in decision making and planning and de facto election of VDC members because the BNP Government often manipulated the election outcome in its favour; thus politicizing the decentralization process. This became even more so after the 1974 failed BCP coup attempt and the subsequent exile of the major party supporters. Instead of assisting the VDCs to expedite local development and service delivery, the Constituency Committees became, instead, militarized into village militia which incited the VDCs to promote terror and fear instead of development in the communities. In the late 1970s, especially under the influence of the Canadian International Development Assistance (CIDA) – an alternative model of decentralization and development based on Integrated Development was proposed and elaborated at the University at Roma in 1980. Later to be implemented at Thaba-Tseka. The 1980s saw a change in name of the head of district from that of District Administrator (DA) to that of District Coordinator (DC). The DCs were directly under the Prime Minister’s Office to give them power and a District Coordination Office was set up for them there. More effort was made to hire and attract trained and experienced people to the posts. The other structures remained the same. Again, these efforts were frustrated by a number of things ranging from the lack of clarity on specific powers of the DCs, their specific mandates, lack of mandates of stakeholder/cooperating line ministries vis-à-vis the local authorities, the lack of decentralized budget to effect implementation, poor retentive capacity of the DC and their technical support personnel in the districts, low morale, marginalization of chiefs, institutional hierarchical instead of horizontal allegiance, and continued politicization of decentralization process (Mofuoa, 2005; Mapetla and Rembe, 1989; Thohlane, 19845; Shale, 20046). In 1986, following the Military Coup, the decentralization bandwagon did not come to a halt in Lesotho. Instead, new legislation (Order, No. 8) was put in place to guide decentralization and participatory development planning, implementation and service delivery. This Order created the post of the District Military Officer (DMO) as the top manager at district level. The DMO was a military 5 Thoahlane, T. (1984): A Study of Village Development Committees. The Case of Lesotho. ISAS. Roma. 6 Shale, V. (2004): “Decentralization, Development and Conflict: Challenges awaiting Local Authorities in Lesotho” EISA Occasional Paper No. 21. EISA. Johannesburg.
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officer of high ranking not below Lieutenant or Colonel and a trustee of the top military brass in the Military Government. He took all orders from the Central Military Government and past them down to the district for implementation. Below the DMO was the District Secretary (DS) who headed the district civil service on behalf of the Central Government. Order No. 9 maintained the Village Development Committees, Ward Development Committees and introduced District Development Councils Secretariat (DDCs). Later Order No. 15 was introduced to change the word “committees” to Councils in the VDCs and WDCs. During the Military Government, decentralization was backed-up with elections of officer bearers every 5 years in order to become democratic and people-driven, a decentralized lump-sum budget allocation of some M200 000.00 per district per annum; depoliticization through the banning of political party participation nationally and locally under Order No. 4; attempting to be articulate on specific duties of the VDCs as follows:
• working together with the government to promote efficient service delivery and local development planning and implementation
• leading and mobilizing local communities to participate in resource management in their areas,
• raising funding necessary for financing local development efforts. • urging and supporting communities to identify development priorities and plans for their
areas for support by government and other stakeholders. In the case of WDCs, they were to coordinate and promote participatory development planning by their VDCs and pass on proposals and plans to the DDCs to be synchronized and harmonized with District Development Plans. Moreover, the DDCs were to assist the WDCs and VDCs with technical skills and link them to resources outside their immediate reach. The chieftainship was to be integral leaders as chairpersons of VDCs and WDCs. The performance of decentralization was impaired by chiefs in line with the attempt to make the then King drive the governance under the Military Government before 1990 when he was exiled. Chiefs lacked the management and technical skills necessary, although some had had public leadership experience. Moreover, the councils soon got tangled in the political conflicts between the Military leadership of that time and the King which culminated in the latter’s exile in 1990; after which they went limping because they were paralyzed by the go-slow exerted by Principal Chiefs who were against the King’s exile. Perhaps, it needs to be noted, at this juncture, that the King’s model of decentralization was that of introduction of an executive monarch and chieftainship structures along the lines of the Swaziland system of governance. This would have immensely empowered the chiefs and they looked forward to it with insatiable appetite; only to be disappointed by the King’s exile. The other obstacle to decentralization was that the appointment of the DMO which was indeed centralist protectionism on the part of the Military Government. The BNP government introduced the Urban Government Act of 1983 which created Urban Boards as the urban local authorities to be in charge of urban governance. The Act further sought to empower the Minister of Interior to declare and or change names of towns. To this end some small settlement centres like Morija, Peka, Roma, Maputsoe and others were declared urban areas with their own town clerks; but were later cancelled from this position. The Act was not implemented because it was politically sensitive, sidelined the chiefs especially in land matters - an issue which accelerated back dating of Form C’s and the subsequent escalation of spontaneous peri-urban development around that time - and empowered the town clerks and the urban boards instead; shortage of available willing personnel for the key post of Chief Local Government Officer, among other reasons. Although this Act was repealed by the Local Government Act of 1997, the Government re- introduced some parts of it in 2001 to allow it to pilot test the urban boards prior to the actual Local Government Elections of 2005 (Shale,2004).
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With regard to decentralization of urban governance and service delivery, Mashinini (20037) discusses recent experiments in Leribe and Mohale’s Hoek while Leduka (19958) provides an analysis of the Maseru City Council (MCC) which was ushered in through Order No. 11 of 1990 during the Military Government. The MCC was to be autonomous and govern the Maseru City in all respects in terms of administration, land allocation, planning, service delivery, taxation, bye-laws and so forth. Yet, again this experiment has been obstructed by politicization, lack of central government will to relinquish power, poor training, poor retention of qualified staff, lack of clear separation of powers between the MCC and the sister institutions in Central Government such as Directorate of Lands, Surveys and Physical Planning, among others; and no financial decentralization, poor knowledge and understanding of the MCC’s mandate by the communities and the Ministries, and continued conflict instead of consensus between the MCC, the Ministries, the Chiefs, the Committees and the government. The following extract from the EU report by Tony Land and Hans Peter Dejgaard (2006)9 provides the most comprehensive analysis and summary of what GoL and MOLGC should understand and address regarding decentralization in Lesotho.
“Experiences from other countries underline the importance of supporting decentralisation with a well-defined capacity development and change strategy. Such a strategy should avoid a blue-print approach but must clearly establish key milestones and performance indicators in order to sustain momentum and gauge progress. It must also remain pragmatic and flexible. The strategy should recognise the multi-faceted nature of reform that embraces a whole range of technical, political and socio-cultural dimensions. Decentralisation is fundamentally a governance reform. Therefore, strategies need to be in place that ensure an effective interface between decentralisation and the other reform processes at the centre of government as outlined in the PSIRP, notably public financial management reform and Public service reform. Equally the strategy needs to encourage public participation in the process thus avoiding decentralisation to be seen as a merely administrative exercise. Of particular importance is to promote decentralisation as a mechanism that creates space for multi-stakeholder dialogue and participation, and that empowers communities to take charge of their own development in tandem with the support of traditional leadership that plays a critical role in Lesotho. Such a process cannot rely on legislation only, but calls for a process of facilitation that breaks down old barriers and encourages, learning and new ways of working. This is particularly so in relation to building a cooperative relationship between traditional leadership and the new local government system. Opportunities for encouraging the active participation of civil society in the reform process should be encouraged. Decentralisation, as an exercise in institutional development, becomes as much the business of society at large, as it is for politicians and government officials.
To date decentralisation has been championed and driven by the Ministry of Local Government and Chieftaincy, and the linkages to other elements of reform have been weak, despite the fact that decentralisation is one of the three core areas of the PSIRP, and is referred as a critical strategy within the PRSP. The lack of strong linkages is in part attributed to an overall lack of clear Government leadership behind the PSIRP process, and to the absence of strong reform management capability.”
The envisaged structure of Local Government is articulated in detail in the official working paper of Government of Lesotho on the establishment of Local Governments10. This concept paper indicates
7Mashinini, V. (2003): “Decentralization and Urban Planning in Lesotho: a political debacle”. Africanus 33(1):24-34. Roma. 8 Leduka, C. (1995): “Experimenting decentralization through devolution in Lesotho. The Case of the Maseru City Council”. Review of Southern African Studies 1(1):1-27. Roma. 9 Tony Land and Hans Peter Dejgaard (2006). LESOTHO NON-STATE ACTORS, MICROPROJECTS & DECENTRALIZATION EU IDENTIFICATION REPORT.
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that local government will be premised on four fundamental principles of decentralisation namely: a) Political decentralisation, b) financial decentralisation, c) Administrative decentralisation and d) changed central-local relations. According to the concept note, the implementation would be categorised into three phases namely:
- A 2 year transition phase (2004-5) - A 5 year development phase (2006-11) - A 5 year consolidation phase (2012-16)
For each phase, a series of outputs are envisaged. Since the current analysis is directed at the past two years, it is useful to list the outputs expected from Phase 1; these are as follows:
- Ministries and public understand the decentralisation programme. - Roles and functions to be developed, finalised and approved by Cabinet, and transfer
begun. - Legislation amended and regulations developed. - Allocation framework developed and fiscal transfers made. - Human Resource Development framework developed and some staff seconded/recruited. - Councils operating with appropriate facilities. - Community Council and District plans completed and approved. - Ministries facilitated to manage decentralised functions. - Capacity-building programme developed and implementation started. - Community, Municipal and district Council boundaries gazetted. - Local Authorities Monitored and Evaluated - New Local Government Development Programme designed and funding agreed.
The concept paper has a very elaborate Gantt chart where finer details for each of the above are provided. In addition, the concept paper presents a budget of M43.4 million. In addition it presents functions and relationships between Local Government Institutions. Finally, the concept paper provides a description on the decentralisation vision based on Vision 2020 provisions and also defines the envisaged role of Central Government. In May 2004, a Ministerial Task Force11 issued a report on the proposed functions for Local Authorities over the period 2004-200912. The role of the report was to ensure that the councils have clearly defined roles and functions. This was based on the realisation that Schedules 1 and 2 of the Local Government Act were ambiguous and subject to misinterpretation. The report was also aimed at addressing specific challenges faced by communities and respective GoL Ministries in the implementation of their various mandates and to slowly build up in phases the capacities of the councils to manage the functions that are decentralised. Although there is constant reference to nine (9) line ministries in the literature, the above report reviewed function under 12 ministries plus the office of the Prime Minister. Finally, the sensitization strategy of the Ministry of Local Government and Chieftaincy of September 2003 provides a good ground to evaluate the activities of the Ministry of Local Government and Chieftaincy in terms of its objectives, targets, implementation strategy, expected outputs and implementation mechanisms. It is clear that the strategy and other source documents that sensitisation was not only well resourced but had commitment at the highest political and administrative levels as
10 Government of Lesotho. Programme for Implimentation of Local Government in Lesotho. Concept, Structure and Roles. The Official Working paper of Government of Lesotho On the Establishment of Local Governments. Approved by the Honourable Cabinet on 10th February 2004. December 2003. 11 Established in March 2003 and lead by the PS Ministry of Development Planning. (Savingram of 14 March 2003) 12 Government of Lesotho, Establishment of Local Government Pragramme. A report on the proposed functions for local authorities over the period 2004 -9. Prepared by the Secretariat to the Inter-Ministerial Task force. 13 May 2004.
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compared to the implementation phase that followed the elections. While this was aimed at driving sensitisation for elections, the Decentralisation Sensitisation Strategy for 2005 to 2009 is premised on trying to make local government and the 2007 elections a success. This strategy is broken down into three phases, namely the research phase, awareness phase and persuasive phase. This strategy thus straddles the first two phases of the decentralisation process. The following are the outputs that the strategy aims achieve:
- Awareness in Line Ministries, - Acceptance in Line Ministries - Awareness among Chiefs - Acceptance among Chiefs - Awareness within Local Councils (inclusive of Chiefs) - Acceptance within Local Councils (inclusive of Chiefs) - Awareness within Councils - Acceptance within Councils - Awareness amongst Basotho - Acceptance amongst Basotho
It is important to note that these activities are underpinned by a continuous process of evaluation and monitoring and also points of intensive and moderate interaction are clearly identified. Although the strategy has an action plan and very elaborate charts that indicate activities by time and phases, it seems to be silent on the issue of who the driver of the process will be. Emerging issues from the literature review The historical overview presented above indicates that despite long and persistent attempts by the Lesotho Government to formulate and implement decentralization policies, their success has been minimal. Key recurrent problems which obstructed fruitful results and therefore need to be borne in mind by future decentralization efforts and initiative are the following:
• Ruling party political intrusion obstructs decentralization; therefore depoliticisation of decentralization is necessary;
• Centralist-decentralisation hinders political decentralization and instead promotes neo-patrimonialism;
• Political manipulation of decentralization by the government to favour who is ruling, be it a party or military, promotes hegemony and resultant loss of interest in participation by the communities thus promoting community apathy to decentralization;
• Lack of clearly defined duties, roles, responsibilities and functions leads to confusion, disagreements and conflicts among institutions that are directly affected instead of consensus. This obstructs the success of decentralization;
• Institutional dualism of central government vis-à-vis local governance structures promotes conflicts due to unclear separation of powers;
• Marginalization of chiefs often creates problems of conflict between the traditional local governance structures that they represent and modern local governance structures introduced under decentralization. Therefore efforts must be made to modernize and bring chiefs aboard the decentralization band-wagon;
• The continued tendency to make the head of District governance and service delivery a political appointee is a contradiction to decentralization;
• Lack of de facto as against de jure commitment of government to full decentralization hinders its success
• Decentralization of the budget and the control of resources and fund raising measures is crucial for its success;
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• Lack of capacity to attract and retain trained manpower at local government levels needs attention through introduction of incentives and morale boosters;
• Employed personnel needs continued training and logistic support services for effective decentralization
• Decentralization is a continuous process and awareness and education campaigns and programs must be on-going for all stakeholders and communities for sustainable implementation.
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Annex 2: Detailed assessment of the implementation of the Act
Annex 2A - Status of Implementation of the Provisions of Local Government Act as Amended
Done or not Item and relevant section or sub-section Done or
happened Not done or
not happened
Who was responsible or initiated action
Comment
Declaration of all councils13 (3 (1)) √ DD14 Clarification of the functions of local authorities (Schedules 2 and 3)
√ DD Although this was done, the Act was not amended and thus the clarifications never became law.
Declaration of Electoral Divisions (6) √ IEC15 Election of Local Government councillors (8)
√ IEC
Public Notice/s for the commencement of term of office of councillors (9)
Letters have been received but a comprehensive record is not available.
Filling of casual vacancies (12) √ This has been done in the case of chiefs by the MLGC. IEC has to conduct by elections for positions of councillors
Notices by Minister to convene the first council meetings of elected councillors within 1 month of the start of the term of office of councillors (13 (1))
√ DD
Election of Mayor. Deputy mayor (for MCC) and Chairperson & Vice chairperson for other councils at the first meetings (13(5))
√ Councillors
Were all councillors sworn in as provided √ Council Oath forms were completed but have not been brought to 13 Power to declare Community, Rural, Urban and Municipal Councils. 14 Department of Decentralisation 15 The Independent electoral commission.
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in schedule 3 (14A) Secretaries MLGC HQ Removal of mayor, deputy or chairperson from office by resolution of Council (16)
√ Council This is known to have happened in Metsi Maholo in Mafeteng
Town Clerk or Council Secretary to exercise power in the absence of Mayor or Chairperson (17)
√ Council The deputy presided over the meeting
Procedures for holding meetings (18). √ DD This was not happening uniformly until the council secretaries were sent to Mantsopa Municipality in Ladybrand
Establishment of standing committee of finance and others (22 (1))
√ Councillors Five standing committees have been set up – Finance, HIV-AIDS, Social Welfare etc. however there is no clear letter authorizing
Establishment of special committee (23) √ Councillors Establishment of Joint committee (24) √ Councillors Some may have been formed where joint capital
projects are being implemented by 2-3 CCs together, especially in Qacha’s Nek.
Financial matters & finance committee (25) All CCs and DCs have these committees that meet regularly but consolidated minutes of proceedings are not available CC or district wise.
Meetings of committees where there is access to books, deeds, etc, (26)
√ Councillors
Standing committees on planning (27(1)) √ Councillors Establishment of District Development Coordinating Committees to consider development plans (27(2))
√ DP16
Determination of the number planning officers and other public officers in the District Planning units by the Minister (29-(2))
√ DD Not notified by the minister as yet
16 Department of Planning
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Do all councils have seals and does this make them body corporate? (31)
√ DD DD coordinated the activity and designed the stamps
Amendment of Schedules by Minister (2) √ The only change has only be the numbering in the amendment to cater for schedule 3
Establishment of Council offices (33(1)) √ DD Very few councils have built own offices as no money was earmarked for this. 47 CCs being supported by Kfw in four southern districts to make centres.
Announcement of venue of council offices (33(2))
√ Councils DD helped in identifying offices
Town Clarks (TC) and Council Secretaries for Municipals and councils respectively who are CEOs appointed by the Local Government Service Commission (34(2))
√ DD This happened after the Minister appointed the secretaries.
Delegation of powers, duties and functions (35) and (36)
√ Councils
TC and CC as custodians of books (37) √ Councils Salaries and allowances of Executive and Public Officers determined by the Local Government Service Commission (LGSC) (38)
√ DD and DHR17 DD determined the allowances and DHR determined the salaries
Seconded officers decide if they will stay with Local Government or revert to their substantive posts (38 (2))
√ Officers were assigned and not seconded and therefore the clause become redundant
Appointment of District Administrators (39)18
√ DHR
Retirement at the age of 55 (41) There is a bill in parliament that is to change the age from 55 to 60 to make it the same as the rest of GoL. Powers of councils make by-laws (Part IV-42)
√ DD DD prepared a draft model that was given to councils. Draft by laws have been developed by the CCs and are still to be
17 Department of Human Resources 18 The Law says the DA (Politically appointed) shall be responsible for coordinating the duties and functions of all public officers in the district, other than those employed by local authorities.
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publicised before being gazetted. Powers to compound offence (43) √ This is not happening legally until the by laws have been
gazetted. Approval & publication of Bye-laws (44, 45 and 46)
√ Awaiting their publicity
Establish council funds (47 (1)) √ Have bank accounts been opened? (48) √ This has happened in the case of District councils only. Loans Limits set by Minister (52 (1)) √ This will be done when potential sources of income have
been established Regulations for form of security (53) √ This will be done when potential sources of income have
been established Limitation to borrowing powers (54) √ This will be done when potential sources of income have
been established Applications for grants from the Minister (55 (1))
√ Councils are given operational expenses without asking.
Application format for grants (55 (2)) √ Central government financial procedures are being used instead
Limitations, qualifications & conditions for imposing levies or rates set by Minister (56(1))
√ Bye laws have not been established
Gazetting rates/levies by Minister under the Valuation & Rating Act 1980 (56 (2))
√ Bye laws have to be established first
Gazetted list of items subject to tax, levy or service with Maxi amounts to be levied or taxed (57(1))
√ This process is under way
Council recover rates, taxes, etc. through court action (58(3))
√ The bye laws are not in place to allow this to happen
Preparation & publication of annual accounts and (60 (1))
√ DD All councils have submitted accounts for 2005/6
Submission of accounts to the Minister (60(2))
√ Councils There are submitted to the office of the Principal Secretary for action
Prescription of format of budget by √ The Central Government budgeting format was used as the
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Minister (61(1)) funds came through the MLGC Submission of budgets to the Minister by councils (61(2))
√ Councils These are submitted to the DPS
Establishment of district tender boards (62A(1))
√ DD But it is necessary to harmonise these with the new procurement system introduced by Finance
Gender allocation (1/3 for women) of tender board members (62A (3))
√ DD
Have accounts of any council been audited? (63(1))
√ Accounts for 2005/06 were only submitted a week ago and no decision has been taken on who the auditors will be.
Have Minister caused to be examined books of any council (63(4))
√ The MLGC and Finance. Many issues of non compliance were found but this was largely because of confusions of which procedures should be used. Central Government also did not support councils with the necessary financial books/stationery.
Have the Minister suspended or cause to suspend or dissolve a council (65(1))
√
Power to make general rules of procedure (66(1&2))
√ This is pending until bye laws are promulgated
Establishment of a Local Government Service Commission (67(1))
√ DD This is housed in the MLGC. There was a role confusion between the role of LGSC and the DHR MoLGC
Minister nominates the members of the commission (67(3))
√ DD
Removal of persons from the commission by the Minister (67(5))
√
Resignation of members of commission (67(8))
√ 1 person resigned and another died
Conduct of business of commission (Procedures) (68(4))
√ DHR
Determination of salaries and allowances of members of the commission by Minster (69)
√ DHR
Secretary of the commission from Local √ DHR
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Government Service (70(1)) Appointment of other staff of commission by Local Government Service (70(2))
√ DHR From this point onwards, the Secretary should take up active role as an autonomous organisation and not a DHR
Commission is actively engaged & exercising its powers? (70 1(a-k))
√ DHR
Minister ask the commission to furnish information (72)
√ DHR
Establishment of the Local Government Service (74(1))
√
Minister determines who the monthly paid executive posts of a council shall be retained to be absorbed in the Local government Service (74(3))
√
Establishment of the Local Government Service Tribunal? (75(1))
√
Appointment of the chairman of the tribunal (a legal person with at least 5 years experience) by the commission (75(2a))
√
Appointment of other members of the tribunal by the commission (75(2b))
√
Appointment of new members, replacement of members of the Tribunal by Minister due to other reasons (75(4))
√
A bill in parliament which will hopefully be passed in August 2007 envisages a change in the appointment of the chairperson of the commission. The Judicial Service Commission will appoint the chairperson.
Tribunal procedures (75(11)) √ Appointment of the secretary of the tribunal in consultation with the Minister (75(12))
√ Is this an employee of the Local government services or the public service? If not has the Minister determined the remuneration? (75(13))
Appeals to the Tribunal (76(1)) √ Establishment of District Development Co-ordination Committees (DDCC) (78(1&2))
√ DD These are not working properly. The hindrance is the fact that the DA is supposed to be a secretary and the DAs feel
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that this not appropriate due to their status. Positioning is wrong – it must be led by the DCS
DA shall be the secretary of the DDCC (78(2d))
√ DAs This provision is not is not popular with DAs
Determination of other officers by the Minster to be part of the DDCC (78(2d iii))
√ DD
Determination by Minister who joins the DDCC from NGOs or disadvantaged groups (78(2e))
√ DD NGOs are participating in DDCCs Meetings are infrequent
Election of chairpersons of DDCCs (80(2)) √ CSs Procedures of DDCCs (80(7)) √ CSs DDCC to consider district plans prepared by each (district) council & produce a composite plan(81(a & b))
√ This has not happened, all are still planning and budgeting separately
Appointment of the Administrative Boundary Commission by the Minister through a gazette (82(1))
√ DD But the Commission does not have office space and therefore does not sit as needed., especially to sort out quite a few boundary disputes that erupted after final demarcation
Appointment of chairperson & 4 members of the ABC by the Minister (82(2))
√ DD
Resignation of Commission members (82(4))
√
The Commission to regulate its own procedure (82(8))
√ Commission
Determination of remuneration of ABC Commissioners by Minister (82(9))
√ DD
Review, revise and demarcate boundaries by the Commission and submit to the Minister (83)
√ Commission
Submission to National Assembly proposals of the commission by Minister (83(2))
√ Commission
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Expenses and remuneration of the commission to be from National Assembly (83(4))
√ DD DD budgets for the Commission
Development of regulations by Minister for the procedure for the conduct of business of councils and Co-ordinating Committees (84(2a))
√ HR Code of conduct of councillors. The code only mentions ethical conduct and not too much more.
Development of regulations by Minister for accounting & financial procedures of councils & co-ordinating committees (84(2b))
√ DD These are in draft form and are being discussed
Any other applicable regulations by the Minister (84(3))
√ None
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Annex 2B - Status of implementation of the Act in the Sectors
Table A: Ministry of Agriculture and Food Security (MOAFS) Current position
The Ministry has been decentralised since the late 80s and has a functional district level structure with the District Agricultural Officers (DAOs) as the chief accounting officers. It has a number of resource centres in the rural areas. Staff of the Ministry has been assigned to the DAs and DCSs. The Ministry has devolved fiscal authority to the DAO who produce their own annual budgets and work plans.
Interaction with MOLGC at HQ
It has not been possible to meet and discuss issues despite the fact that MOAFS staff in some districts have reported challenges in performing their duties.
Experiences at district and local levels
The following are some of the operational challenges that are being experienced at the district level: Vehicles are a major source of conflict since they can be
commandeered at anytime by the DA for unspecified lengths of time. This negatively impacts the performance of the Ministry.
DAOs are sometimes asked to pay for activities that have nothing to do with the programme and plans of the Ministries.
In some case members of staff of the Ministry are asked to work in other offices or do duties that are not related to their Ministry without asking the DAOs.
In some districts the DA and DCS do not work hand in hand and this becomes problematic for MOASF staff assigned to local government.
The MOASF Resource Centre boundaries straddle council boundaries. Different councils demand access to offices and resources from the officers placed at Resource Centres. It is important to note that MOAFS resource centres have been identified as offices for councils by MOLGC. Details of how the councillors and MOAFS would relate were not provided.
In some cases there is tension because the local councillors demand that the MOAFS staff to work on their plan and not that developed and budgeted for by the DAOs.
In some cases retaliatory measures have been imposed on staff of the MOAFS which have had negative impacts on programmes of the MOAFS.
The staff of the MOAFS were not involved in the sensitisation process at district level. It was not possible since the people were not as yet assigned to local structures.
In some cases, staff of the MOAFS have problems have problems taking leave. Leave forms are signed at headquarters in Maseru and some DAs refuse to let the people go on leave.
In other cases essential financial books such as order books have been known to be taken from the DAOs as a form of punishment with negative impact on planned work.
General issues There is confusion in terms of the role, responsibility and authority of DA and DCS at district level. It is not clear also who has to take responsibility for performance and discipline at the district level.
The MOAFS has developed, tested and put into operation the Unified Extension Approach. The MOLGC has introduced the SMART and Quick approach. It is necessary to harmonise the two approaches. In the absence of such harmonisation, the MOAFS uses its own approach.
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The MOLGC does not sufficiently consult before embarking on initiatives that impact the MOAFS. For example, the transfer of funds from Ministries to MOLGC during the 2005/6 financial year should have been discussed and agreed with other line ministries to avoid problems that were experienced.
It is a challenge to do performance appraisals for staff based in the districts. The staff at the district level can be allowed to go to Maseru for performance appraisal meeting only if letters are sent to DAs by Ministers. Performance scores of staff at the district level are low because they also do other duties which are not related to their mandate.
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Table B: Ministry of Health and Social Welfare (MOHSW)
Current position
The MOHSW has had a devolved system with District Medical Officer as heads and accounting officers at district level. The MOHSW has developed a strategy and action plan for decentralisation of health services; the District Health Management Teams (DHMTs). This is accompanied by the Essential Services Package for districts. The MOHSW has an operational plan with Terms of Reference, discipline regulations, roles and responsibilities. The operationalisation of the DHMTs started in 2005/6. There are many challenges that still have to be addressed but the process has begun.
Interaction with MOLGC
A meeting of Principal Secretaries in August 2006 brought to attention that gaps still existed in terms of understanding and implementation of decentralisation. This started a process of consultation with the MOLGC late in 2006. Although a high level meeting between the two ministries was held in March 2007, an operational team that was tasked to address issues has not met and no progress has been made to address issues.
Experiences at district level
The MOHSW has many programmes and staff still go straight to the community and do not use the DHMT structure.
The budget that was transferred to MOLGC for staff in district in 2005/6 caused problems for the MOHSW and demonstrated the fact that MOLGC was not ready and did not have the capacity for decentralisation.
The MOHSW is aware that MOLGC staff have made visits to districts without prior arrangements with the former.
The MOHSW Health Service Area (HSA) boundaries go over the boundaries of many of the councils and districts. This cause administrative problems and tensions.
A number of clinics are owned by Christian Health Association of Lesotho (CHAL) but the councillors, not aware of the fact that these do not belong to GoL, have demanded access to them
The staff of the MOHSW (especially nurses) are posted to clinics for 6 months on a rotational system. This is problematic since their assignment to local structures can only be temporary.
Councillors have been known to demand access to clinics for office space and to other resources such as ambulances. It should be noted that clinics were some of the infrastructure that was identified as potential places for councils to meet by MOLGC until such time that their offices were built.
In some cases councillors demand that the nurses and MOHSW staff posted in their areas should report to them.
Tensions between DAs and DCSs at district level affect the morale of the people who are assigned to the different structures.
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General issues
The issue of career path for the staff that have been assigned or transferred to local government has been raised.
The role of the parent ministry in the new dispensation is not clear. Staff in MOHSW indicated that there is confusion regarding interpretation of
assignment of people to the local authorities. The MOHSW is very complex and has arrangements (administrative and
physical) which are a major challenge to the decentralisation process. The Ministry has a working agreement with CHAL where it pays the salaries of some of the staff. It has a number of critical national programmes which are funded by a multiple of donor agencies and have targets that have to be met and the poorly defined roles and responsibilities of councils have the potential to frustrate attainment of targets. The fact that the MOHSW has used the Health Service Area (HSA) concept for many decades for planning purposes posses challenges to the implementation of decentralisation. The HSAs cut across council and district boundaries and therefore pose major administrative challenges. Some of the HSAs are under the management of CHAL hospitals and not GoL hospitals.
MOHSW has a problem with staff retention and it is important to ensure that people’s experience with working in the local community is not made unpleasant by the implementation of the decentralisation process.
The DHMTs need resources to be operational. The fear is that this will develop into another parallel structure that will bring about its own dynamics. Presently the DHMTs have to rely on the hospitals to provide resources but these are limited. It has been indicated that vehicles and other equipment is to be provided but that offices will be built at a later stage.
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Table C: DEPARTMENT OF RURAL WATER SUPPLY
Current position
Department of Rural Water Supply (DRWS) has decentralised and their staffs at the district level have been assigned to the DAs and DCSs. The people on the ground are knowledgeable and are able to assist the councils to plan and implement projects.
Interaction with MOLGC
The DRWS has made efforts to meet with MOLGC to arrange how best to offer skills transfer to local councils but this has not happened. The DRWS wants to develop a mechanism for handing over to community-based activities. The aim of the DRWS is to engage the local authorities and define roles and responsibilities. Meetings with MOLGC have not happened so far as requested by DRWS.
Experiences at district level
The fact that the District engineer reports to the DA while the rest of the staff report to the DCS has broken the line of command and have left an administrative void which is being exploited by some of the staff members.
The dispersed lines of command and authority make it difficult to achieve targets at district level.
Community council are doing construction of water system but they have no technical knowledge.
There are challenges in working at district level where the relationship of the DA and DCS is not well defined and generally not good.
The challenge for headquarters staff is that both DA and DCS have to be separately contacted if work has to be done at district level. It is also not possible to have a joint meeting with both.
Some activities in the districts are funded under projects and their work gets compromised by the fact that vehicles are sometimes commandeered for other duties.
A number of administrative challenges have been experienced due to the fact that personal files of the people in the districts are based in Maseru. District authorities are known to have written disciplinary letters to people located at their districts. Such letters do not make it to the files of the concerned people.
General issues The DRWS would like to hold workshops for the councils which are meant to provide the councillors with skills to manage water systems. This has to be given priority if the councillors are to effectively carry out their mandate.
There are issues of policy that have to be addressed urgently. Under the policy, people are entitled to at least 30 litres of water per day. But the aftercare strategy indicates that people should pay for water. There is need to address such issues and make sure that councillors are aware of how to deal with such issues. This calls for extensive consultations with councils through the MOLGC.
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Table E: Ministry of Tourism, Environment and Culture (MTEC)
Current position
The MTEC has assigned Assistant Environmental Officers (AEOs) to districts. The AEOs have problems because they are seen as a hindrance to development when they require assessment of impacts to the environment before projects are implemented. The Local Government Act is not clear on issues that are relevant to the MTEC. It is not clear which Act between the Local Government Act and the Environment Act has to be used in the operations of local authorities.
Interaction with MOLGC
There has not been any interaction between the MTEC and MOLGC despite the fact that the work of local authorities has the potential to increase environmental challenges exponentially.
The MTEC has started cleaning campaigns but these have not been followed up by MOLGC.
There was only one introductory meeting between the MTEC and the MOLGC and nothing happened thereafter.
The MTEC would like to go out and provide information to local council on environmental issues.
Experiences at district level
Roads have been built through environmentally sensitive areas such as wetlands and interventions of AEOs have been ignored.
MTEC has only two vehicles and the rest belong to projects. District staff struggle to get access to vehicles and operations are severely hampered. For example, the staff at district level are have to produce environmental plans that are used to develop a national plan but lack of access to vehicles has made it difficult to compile the plans.
Declaration of Special Development Areas (SDAs) in districts is stagnating because MOLGC asks other ministries to pay for surveying and digital data.
High turn over of staff at district level robs the system of institutional memory.
Most environmental issues require coordination with other sectors and most of the work has to happen in the districts.
General issues Since the Local Government Act is not harmonised with other laws, it should make reference to the other laws which are sector specific instead to developing new laws and regulations. The Local Government Act should not attempt to cover all areas but should use existing sectoral laws.
The fact that the Environmental Act has not been gazetted means that transgressors can’t be prosecuted..
The MTEC is ready to have salaries of its district staff transferred to MOLGC but need clarity on when this is supposed to take place.
The issue of career path for the people who are to be transferred has to be adequately addressed.
Clarity on roles is necessary to allow the people in the districts to be given the appropriate training which will be useful to the districts.
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DEPARTMENT OF RURAL ROADS (DRR) Current position
Staff from the Department of Rural Roads have been assigned to district structures. The DRR does not have a problem with the decentralisation; the problem is implementation. The challenge is that there are not enough engineers to cover the work that needs to be done. The DRR works on regions that overlap districts. The mode of operation has not changed in general.
Interaction with MOLGC
There has not been any interaction with MOLGC lately. DRR expected that MOLGC would use the technical support of the department for development activities.
No coordination meetings have happened between the MOL and DRR. There is urgent need to ensure that there is coordination between line
ministries through the MOLGC to ensure effective planning and implementation of projects.
Experiences at district level
The DRR expects that it would assist with the implementation of a coordinated programme but each council wants its own project.
Bad estimates of costs for road developments have meant that work is never completed and very low standards are used. Such roads are a major waste of resources because they do not last.
Due to lack of engineers, the DRR uses regions and not districts and this makes it impossible to assign staff to a given DA or DCS.
Problems were experienced last financial year regarding payment of the staff when money was transferred to MOLGC. Although it has been indicated that district staff will be paid by MOLGC from next quarter, it is not clear how this will be done.
The fact that district staff are still accountable to both districts and central government is a source of operational inefficiency due to the fact that the line of command is not clear and not effective.
The DRR lost engineers in 2005 when there were constant clashes over resources, especially vehicles which were being taken and used to manage the many workshops that were being held on decentralisation at district level.
DRR staff who work with the DCS complain that they are spending too much time in workshops and meetings and not able to effectively supervise road construction work.
Local authorities demand to get involved in road works which are big and require technical capacity far beyond their ability and skill to manage. This makes it necessary to limit their involvement to minor works only.
The concentration of councils is on new roads and not maintenance of old ones.
Members of Parliament have their own plans this adds another layer of duplication and confusion as to whose programme takes priority.
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General issues
The DRR needs to be given an opportunity to educate the councils on issues related to their mandate.
It is necessary for DRR and MOLGC to develop a strategy to hand over minor works to local councils.
A study on capacity has been proposed under the Integrated Transport Project. It is hoped that this study will provide a basis to decide what size of work can be done at the local level.
The minimum capacity required at district level is 2 engineers and 3 diploma level technicians.
Due to lack of engineers, the regional approach will have to continue to be used. DRR staff will have to continue to supervise a number of projects but will need to be resourced adequately to be able to serve many projects.
The number of projects per district will have to be reduced to a number that is technically feasible, although politically this may not be acceptable.
With the existing capacity, only three (3) roads per district can be efficiently managed.
There is a national roads master plan but its implementation is impacted by the fact that local authorities have their own priorities that may not be the same as those in the master plan. The Integrated Transport Project has funds to develop a master plan for basic access based on density of settlements.
It is necessary to ensure that decentralisation does not duplicate structures and therefore overstretch resources.
A successful roads programme under local government will require gradual and progressive capacity building and not a huge jump.
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Table F: Department of Gender, Ministry of Sports, Youth Affairs and Gender
Current position
Department of Gender has only recently had staff deployed to districts. They are assigned to the DA but may not have received letters to that effect like the others who were already at the district level when the implementation of the act started. The Department of Gender has created one position at district level and has suggested that the most ideal scenario will be for MOLGC to create two more positions. Terms of Reference were also provided.
Interaction with MOLGC
There is no interaction between the MOLGC and the Ministry of Sports, Youth Affairs and Gender. Prior to elections, the Department of Gender worked with MOLGC to ensure that the prescribed gender quota was observed.
Experiences at district level
Gender issues seem to be low on the priority list of district authorities and access to resources for staff from Department of Gender is a challenge in some cases.
There is no capacity at district level to utilise funds. MOLGC at district level does not have the capacity to implement the
Local Government Act. The staff members based at district level have to come to Maseru to
seek intervention on issues that impact on their work. Ideally, administrative issues should be handled elsewhere and the Department of Gender should only provide technical input.
Office space for Gender staff is still a problem is some cases. Staff member from Department of Gender at district level have
problems attending meetings at community level due to poor access to transport.
Reports of work from staff at district level show disappointing performance and many problems. This reflects badly on the people involved though the problem is access to resources not their ability to work.
General issues raised
MOLGC should have piloted concept to be able to appreciate the requirements of implementing the Local Government Act. Although the process of decentralisation has been rolled out to all districts, it should still be possible to fully resource only three districts (one in each geographic zone19) and learn from the experiences from those three. Then progressively rollout to the rest of the districts.
There is need to have a full process analysis from the top to the lowest level to ensure full understanding of requirements and challenges.
The Department of Gender works extensively with NGOs in its programmes. At present efforts are being made to develop relationships with district level civil society entities and to identify focal points.
The role of chiefs in decentralisation continues to be a challenge. Unless the issue of role of chiefs is resolved, major challenges will continue to besiege the process of decentralisation.
19 Lowlands, Foothills and Mountains
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Annex 3: Concept Paper On Change Management The purpose of the concept paper is to introduce to the analysis the tools available for managing change and creating a sustainable governance environment. CONCEPT OF LEARNING OUTCOMES:
a) Factors that bring about change, with particular emphasis on social and legal factors. b) Differentiating between first order and second order change. c) Expounding on how internal change can be planned. d) Depicting and discussing the change process. e) Identifying and discussing four main areas of organizational change. f) Overcoming resistance to change g) Explaining organizational culture analysis. h) Implementing new culture to align with chosen strategy and culture
1. Factors that bring about change Any organization is an open system, which means it is affected by its own environment. A nation is a social organization and as such an open system. Changes around a society could be caused by a number of external factors which cover:
o Technology - changes in technology has changed how communication is done, and interactions amongst people. The examples are info-communications technologies which have affected communications, banking etc.
o Economy - changes due to loss of jobs in mining industry, loss of incomes from
agriculture etc. have affected the interactions amongst people from family to village administration. Wherein the man was sole provider and as such had greater influence, women have become even better providers and their influence has increased in families. The chiefs who had greater powers of land, when land was the major economic seed have lost much of their influence.
o Social forces – Globalisation has brought in changes in cultural and social trends, so
have education and health challenges. The type of administration must accommodate the changes if it is to be viable and sustainable.
o Political forces – Changes over time to greater acceptance of democracy, the fall of
communism, human rights, gender equity laws, labour laws etc. necessitate change in leadership, from previous democratic to more participative style. A nation as a social system must interact with other nations. There are inter-country initiatives such as NEPAD etc. and international initiatives for good governance which Lesotho has to comply with, and as such the country has to adopt new governance systems.
Changes around the society could also be brought by internal factors:
o Change of strategy – Lesotho has brought in Vision 2020 which is a national master plan for social and economic change. The plan needs an appropriate administrative and governance structure as a platform for implementation. Subsidiary plans such as Poverty Reduction Strategy would also require structures at ground level to ensure proper implementation.
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o Change of policies – Policy change must be accompanied by setting up of structures
to implement and it. It is important that the structures must be as close to the ground as is possible to enable proper feedback.
2. Order of change Change may be of first order or be of second order. It is important to understand the difference so that a proper decision is made on how change is to be implemented. First order change is referred to as ‘evolutionary’ or ‘gradual’. The type of change would often be localized, that is work on one area, until the whole system is changed. The approach takes longer to implement, which slows down the eradication of negative effects of the unchanged position; however the approach is more likely to be successful as it is more likely to be acceptable (minimum resistance) and any problems with changes can be fixed at minimal cost. Second order change is referred to as ‘radical’ or ‘revolutionary’. This type of change is likely to be a way of future due to massive pressure of change factors. The steepness of gradient of change in social, legal, political, economical and political factors will demand open systems such as social organizations to keep up or be left behind for good. The change on governance may need radical decisions; however the radical changes bring about greater resistance, hence a need for skills to manage the change such that there is efficiency (maximize success of implementation). 3. Planning change Managers can respond to the internal need to change in two basic ways, either through reactive change or planned change. The former way is sometimes called crisis management. Planning of change has minimum casualties, and in the process of planning usually involvement of stakeholders is done. Managers must establish clearly the desired goal for the change process. The desired goal or objective must meet the SMAART requirements: Specific, Measurable, Achievable, Agreeable, Relevant, Time-bound. Planning is to ensure that implementation is effective, efficient, economic and equitable:
o Effective - achieving desired specific goal o Efficient - achieving the goal with minimal cost on resources o Economic – achieving the goal within the budget o Equitable – achieving the goal with optimal satisfaction from all stakeholders
(satisfying) 4. Change Process The ideal process of change process is using Lewin’s model of change. The model has three phases: Unfreeze, Change, Refreeze.
o Unfreeze- current behaviour 1. Identify trigger for change 2. Determine the desired outcome of change intervention 3. Diagnose the cause
o Change- current behaviour
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1. Select an appropriate change technique 2. Identify change agents
o Refreeze- desired behaviour 1. Implement (includes 2. Evaluate and follow up
Many organizations fail to implement change successfully because they tend to deal with each area of organizational change in isolation, instead of looking at change management from systems viewpoint. A holistic approach would require that the following areas should change:
o Strategy – change in vision and strategic initiatives. o Structure – change of administrative and governance structures. (decision to localize
may be made, and extent of localization needs to be defined) o Systems – Need to ensure that administrative, financial and technological systems are
in place and agree with the change. Old systems will not be able to support new change
o People – Important what resources we need for the change. In case of new local governance structures, it is important to address issues of capacity; this may need to be addressed even with administrative organs (employees). Issues of culture, motivation, rewards systems are critical.
5. Resistance to change Resistance to change is natural and should not be interpreted as defiance. Initial emotions and tempers are natural flight responses to uncertainty; therefore, in planning for change, management should always take resistance into account. People resist because:
• Threatened self-interest – people will resist change if they think they will lose their value. In case of local government changes, resistance may be received from chiefs due to their perceived loss of value.
• Uncertainty - people work better with certainty, the unknown create fear, hence resistance.
• Lack of trust and misunderstanding – people will resist if they do not understand the purpose or they have no trust in the one bringing in change. Issues of understanding can be addressed through continuing training and promotion of the ideas. Trust can be addressed by involvement of all stakeholders in the change process.
• Different perceptions – people have different approaches to problems, the identified change technique must be appraised with others and be continually sold to stakeholders. Even after implementation debates should still continue, so as to include as many people as is possible into the boat.
• Low tolerance for change - people resist because they fear they will not be able to develop the required competencies, they may factually understand the need for change but emotionally they may not accept it.
• General reasons – include inertia, peer pressure, timing, surprise Change resistance can be overcome by:
Education and communication – people need to be educated about new plans even before they occur.
Participation and involvement – participation in the change initiative is generally considered a very effective technique for overcoming resistance.
Facilitation and support – this means affording people with all the authority and resources they need to perform new duties and to support change. Support needed includes psychological support to minimize anxiety and rejection. Authority has to be sufficiently decentralized.
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Negotiation and Rewards – It is often best to negotiate a proposed change with parties involved and to reach an agreement.
Continual selling of vision – the vision should not just merely be exciting showing a perfect future, but it must continually be sold and communicated to stakeholders. Opportunity for celebrating short-term wins should be set out.
Culture enforcement – New cultures should be enforced by rewarding those who make and promote change, changes could include new infrastructure, new uniforms, new logos. Fair disciplinary processes be set out for transgressors, however punitive actions be taken with caution to avoid seeming dictatorial.
Continual organizational culture analysis – Analysis be done after set periods on Collaboration, Commitment and Creativity.
Conclusion The success of any change lies in the success of the refreezing process. Refreezing the new culture requires continuing training and retraining. No one even those who initially rejected change emotionally should be left behind. The best supporters of change are often those who stood up against the change vehemently in the beginning. Most changes are not effective because the goal was not clear and specific. Resistance avoidance leads to confusion and ineffectiveness. If a goal is not clear, then the destination is not clear, and no one can blame anyone for not arriving, because, where is the place to arrive to?
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Annex 4: Perceptions of Decentralization at Community and District Level
Annex 4. 1 Additional Details on Methodology, CCs and Villages Interview methods used for different respondents:
• Women: Where possible, this group was divided into elderly women and younger ones (generally called “lingoetsi” or recently married young women).
• Men: Where possible the above division in age groups was also applied resulting in the group of young men mostly existing of so called ‘herd boys’ which are mostly young men attending to cattle husbandry and crop farming, and elderly men.
• Youth and Children : FGD were hold at village level or in schools at times • Councilors: Focus group discussions were initiated wherever more than one councilor
was present. Follow-ups were often one-to-one to deepen the insights. Besides, most councilor took up the opportunities for several in-depth interviews.
• Chiefs: When groups of chiefs were present FGD was held, followed up by one-to-one discussions. Often only one chief or headmen was present and they all made themselves happily available for in-depth interviews. So did one visiting principal chief.
• Other groups of communities : Farmers, Traders, Prisoners, Health Workers, Patients, Community Support Groups, were visited at their place of work or residence and FGD or one-to-one interviews were held
• NGOs and CBOs and Church Organizations were interviewed in one to one or FGD when found operating in the community or CCA
• Private sector, groups of traders, shop-keepers: In the villages and hamlets, they were hard to find because there are few of them, or they would not attend since they would have to leave their business premises and lose money.
• Public servants and services providers at the district level and in the communities The four CCs and their 18 villages that were visited
• Thaban’a Mahlanya Community Council which encompasses the town of Thaba-Tseka. The villages visited here were: Thabong, Thabong II, Thaba-Tseka Urban, and Majakaneng
• Makheka Community Council and the villages Pitseng and Pitsaneng • Lesobeng Communtity council, only reachable by a 4x4 wrecking road in 5 hours,
and its villages Ha Lephoi (only reachably buy car-breaking roads), Ha Mahao (only reachable by horse or foot), Ha Peterose very remote, and Tšieng (although only 6 km out of Semongkong is only reachable by horse or by walking)
• Mphe-Lebeko, with the villages Ha Toka (semi–urban), Ha ‘Nyane, Ha Mahlong, Ha Leronti, Ha Ntsokoane, Ha Mahlong, Ha Sekolopata (reachable by 4x4) and Khubetsoana (only reachable by horse or foot)
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CLASSIFICATION OF VILLAGES/ COMMUNITIES VISITED IN THABA-TSEKA DISTRICT Name of Village Urban Semi-urban By Car By 4x4 By Horse Thabong I X Thabong II X Thaba-Tseka Town X Majakaneng X Pitseng X Pitsaneng X Ha Lephoi X Ha Mahao X Ha Peterose X Tšieng X Ha Toka X Ha ‘Nyane X Ha Mahlong X Ha Leronti X Ha Ntsokoane X Ha Long X Ha Chooko X Ha Sekolopata X Khubetsoana X TOTAL 3 2 2 7 5 Annex 4.2 The Story of Mr Potso challenging the right to fine without issuing receipt
The story of Mr Potso (not real name) residing inone of the four councils visited reads like a fairy tale. Data collected in Thaba-Tseka district reflected that people in rural areas of this district do not as a matter of common practice take grievances to courts of law especially grievances that involve chiefs or any other local even national authorities. However, when gazzeted chief residing at Likamoreng, impounded Potso’s livestock the chief did not have a clue of subsequent events that would follow. Potso lodged a court case to Local Court asserting that the chief did not have a right to make him pay the money without issuing a receipt for that money as well as that the chief had charged him maximum amount allowable by law although he had no record of previous infringement. The court issued its judgment that the chief should pay back the M60.00 that he claims to have fined him within 30 days. Reportedly another man a local school teacher was also fined M60.00, the highest fine provided by law according to the Focus Group of men that were interviewed here. The thirty days have long expired and the appellant is intending to return to the court to ask for it to implement its judgment as it is clear the chief does not intend to abide voluntarily by its ruling.
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Annex 5: Priorities, Access and Quality of Services
Annex Table 5.1: Priority and Access to services across villages with different road access20 Environment Overall Urban Semi-
urban By Car By 4x4 Horse
No of “villages” Serviced Employment Priority 24.8 7.0 5.0 4.5 4.3 4.0 Access 4.7 1.5 1.5 0.8 0.4 0.5 Road improvement Priority 16.1 2.0 3.0 1.5 5.0 4.6 Access 11.4 3.7 3.7 2.0 1.3 0.7 Markets Priority 11.0 3.0 3.0 1.5 1.7 1.8 Access 7.1 2.3 2.3 1.0 1.1 0.4 Water and sanitation Priority 17.7 4.5 3.5 3.0 3.1 3.6 Access 9.1 2.8 2.7 1.3 1.2 1.1 Land allocation Priority 19.0 5.5 4.5 3.0 2.6 3.4 Access 10.2 2.5 2.5 1.8 1.9 1.5 Range Mgt Priority 24.3 6.0 3.5 5.0 5.0 4.8 Access 17.6 5.0 5.0 3.0 1.6 3.0 Other Council Priority 10.9 3.5 2.5 1.5 1.4 2.0 e.g. birth certificates Access 8.9 3.0 3.0 1.0 1.0 0.9 Chieftaincy services Priority 20.8 6.0 3.5 4.0 3.9 3.4 Access 21.9 6.5 6.5 2.5 3.0 3.4 Police Priority 19.9 6.5 3.5 4.0 4.1 1.8 Access 16.7 5.5 6.5 2.0 1.2 1.5 Justice Priority 15.7 4.5 2.5 3.5 3.0 2.2 Access 12.3 5.0 3.5 2.0 0.8 1.0 Agric. Extension Priority 14.3 4.0 3.0 3.0 2.1 2.2 Access 10.6 3.7 3.0 2.0 0.5 1.4 Primary education Priority 13.5 3.5 2.5 2.0 2.3 3.2 Access 11.9 3.0 3.8 2.5 1.2 1.4 Health Priority 14.3 4.0 2.5 2.0 2.9 3.2 Access 10.9 3.0 3.0 2.5 1.2 1.2 HIV/AIDS groups Priority 14.8 3.5 2.5 2.5 2.1 3.2 Access 21.6 6.0 6.0 4.5 2.1 3.0 Cell phone towers Priority 14.8 3.5 1.5 3.0 4.0 2.8 Access 10.9 3.6 3.7 1.5 1.1 1.0 Notes: The rankings for Priority are: 1. very low, 2. low, 3. medium, 4. high,5. very high. The rankings for access are: 1. not accessed by the community, 2. limited access going along with serious constraints, 3. Accessible most of the time although with considerable limitations, 4. Accessible very often yet with limited constraints, 5. Accessible all the time and under all conditions
20 Numbers in the 5 categories above are averages derived from individual village scores. Components of each category appear in Table 1 also above.
34
Annex Figure 5.1: Service Priority in Thaba-Tseka
Service Delivery in Thaba Tseka - Priority
0
1
2
3
4
5
6
7
Employmen
t
Road Im
prove
ment
Markets W&S
Land A
lloca
tion
Range M
anag
emen
t
Birth C
ertific
ate
Chieftan
cy Serv
ices
Police
Justi
ce
Ag Extensio
n
Primary
Educatio
n
Health
HIV/AID
S groups
Cell phone t
owers
Urban Semi-Urban By Car By 4x4 By Horse
35
Annex Figure 5.2: Service Access in Thaba-Tseka
Service Delivery in Thaba Tseka - Access
0
1
2
3
4
5
6
7
Employmen
t
Road Im
prove
ment
Markets W&S
Land A
lloca
tion
Range M
anag
emen
t
Birth C
ertific
ate
Chieftan
cy Serv
ices
Police
Justi
ce
Ag Extensio
n
Primary
Educatio
n
Health
HIV/AID
S groups
Cell phone t
owers
Urban Semi-Urban By Car
By 4x4 By Horse
36
Annex Table 5.2: Status Of Services Found In Villages Visited By The Team
SERVICES
Health Correctional services
Chief services Rangelands Graveyards Residential sites
Safety & security
Courts Roads
STATUS LEVEL VILLAGES
- 0 + - 0 + - 0 + - 0 + - 0 + - 0 + - 0 +1 - 0 + - 0 +
Thabong I √ √ √ √ √ √ √ √ √ Thabong II √ √ √ √ √ √ √ √ √ Thaba-Tseka Town √ √ √ √ √ √ √ √ Majakaneng √ √ √ √ √ √ √ √ √ Pitseng √ √ √ √ √ √ √ √ √ Pitsaneng √ √ √ √ √ √ √ √ √ Ha Lephoi √ √ √ √ √ √ √ √ √ Ha Mahao √ √ √ √ √ √ √ √ √ Ha Peterose √ √ √ √ √ √ √ √ √ Tšieng √ √ √ √ √ √ √ √ √ Ha Toka √ √ √ √ √ √ √ √ √ Ha ‘Nyane √ √ √ √ √ √ √ √ √ Ha Mahlong √ √ √ √ √ √ √ √ √ Ha Leronti √ √ √ √ √ √ √ √ √ Ha Ntsokoane √ √ √ √ √ √ √ √ √ Ha Long √ √ √ √ √ √ √ √ √ Ha Chooko √ √ √ √ √ √ √ √ √ Ha Sekolopata √ √ √ √ √ √ √ √ √ Khubetsoana √ √ √ √ √ √ √ √ √ Key: Key: - = Deteriorated ; 0 = No change or not relevant for specific village; + = Improved
37
Continued
SERVICES
Agric extension
Schools Old age pensions
Support groups
Water supply Markets Conservation (tree planting)
Shearing Shed
Dip Tank
VILLAGES - 0 + - 0 + - 0 + - 0 + - 0 + - 0 + - 0 + - 0 + - 0 + Thabong I √ √ √ √ √ √ √ √ √ Thabong II √ √ √ √ √ √ √ √ √ Thaba-Tseka Town √ √ √ √ √ √ √ √ √ Majakaneng √ √ √ √ √ √ √ √ √ Pitseng √ √ √ √ √ √ √ √ √ Pitsaneng √ √ √ √ √ √ √ √ √ Ha Lephoi √ √ √ √ √ √ √ √ √
21
Ha Mahao √ √ √ √ √ √ √ √ √ Ha Peterose √ √ √ √ √ √ √ √ √ Tšieng √ √ √ √ √ √ √ √ √ Ha Toka √ √ √ √ √ √ √ √ √ Ha ‘Nyane √ √ √ √ √ √ √ √ √ Ha Mahlong √ √ √ √ √ √ √ √ √ Ha Leronti √ √ √ √ √ √ √ √ √ Ha Ntsokoane √ √ √ √ √ √ √ √ √ Ha Long √ √ √ √ √ √ √ √ √ Ha Chooko √ √ √ √ √ √ √ √ √ Ha Sekolopata √ √ √ √ √ √ √ √ √ Khubetsoana √ √ √ √ √ √ √ √ √ Key: - = Deteriorated ; 0 = No change or not relevant for specific village; + = Improved
21 Ha Lephoi has an existing shearing shed and a dip tank while all others in the column the unchanged situation is that they did not have any and local government has brought no new ones.
38
Continued
SERVICES
Public Transport
Family Latrines
Public Latrines
Post office Church electricity
STATUS LEVEL VILLAGES
- 0 + - 0 + - 0 + - 0 + - 0 + - 0 + - 0 +1 - 0 + - 0 +
Thabong I √ √ √ √ √ Thabong II √ √ √ √ √ Thaba-Tseka Town √ √ √ √ √ Majakaneng √ √ √ √ √ Pitseng √ √ √ √ Pitsaneng √ √ √ √ Ha Lephoi √ √ √ √ Ha Mahao √ √ √ √ Ha Peterose √ √ √ √ Tšieng √ √ √ √ Ha Toka √ √ √ √ √ √ √ Ha ‘Nyane √ √ √ √ Ha Mahlong √ √ √ √ Ha Leronti √ √ √ √ √ √ Ha Ntsokoane √ √ √ √ √ Ha Long √ √ √ √ Ha Chooko √ √ √ √ Ha Sekolopata √ √ √ √ Khubetsoana √ √ √ √ Key: - = Deteriorated ; 0 = No change or not relevant for specific village; + = Improved
Annex 6: Proposed legal changes
Local Government (Amendment) Act 2007
An Act to amend the Local Government Act 1997 and other relevant statutes
ENACTED BY THE PARLIAMENT OF LESOTHO
Short Title
1. This Act may be cited as the Local Government (Amendment) Act 2007.
All Councils to be Corporations
2. The principal law is amended by inserting a new subsection in section 31 immediately
after subsection (2):
“31. (3) Notwithstanding the provisions of subsection (1) herein every Council constituted
under the provisions of this Act and every officer of such Council shall, in the performance of
its functions under this Act or any other law, have due regard to overall Government policy as
embodied in legislation from time to time or such policy directions as the minister may give
for the benefit of the communities living in the areas of jurisdiction of such Council.”
District Administrator
3. The principal law is amended by inserting a new subsection in section 39 immediately
after subsection (4):
“39. (5) The District Administrator shall be a member of the District Council and in that
capacity shall seek to integrate the exercise of the functions of local authorities with the
policies, programmes, legislation and institutional arrangements of the central government. In
this regard the District Administrator shall;
(a) seek solutions for problems relating to local government generally;
40
(b) develop common approaches for local government as a distinct sphere of government;
and
(c) facilitate compliance with the principles of co-operative government and
intergovernmental relations as may be directed by the minister from time to time.”
4. The principal law is amended by inserting a new section after section 39:
“District Council Secretary
“39A. (1) The Minister shall, after consultation with the District Council, appoint a person by
name or by office to be the District Council Secretary for each administrative district of
Lesotho.
(2) The District Council Secretary shall be a secretary of the District Council and shall
perform such other functions and duties as prescribed under this Act and as the District
Council may assign him or her from time to time.
(3) All local government officers in any district shall function under the direct supervision of
the District Council Secretary.
(4) Notwithstanding the provisions of this Act both the District Council Secretary and District
Administrator shall endeavour to work jointly and mutually in all matters that affect the local
authorities and the Central Government.
5. The principal law is amended by inserting a new section after section 94:
“Role of Chiefs in Functions Reserved for Local Authorities
95. (1) For avoidance of doubt, no Principal Chief, Ward Chief, Headman or any Chief as
defined under the provisions of the Chieftainship Act, 1968 or a representative of any
Principal Chief, Ward Chief, Headman or any Chief shall perform or purport to perform the
functions reserved to local authorities or any Council under the provisions of this Act or any
other law.
41
(2) Any Principal Chief, Ward Chief, Headman or any Chief referred to in subsection (1) or
any representative of any such Principal Chief, Ward Chief, Headman, or any Chief who
contravenes the provisions of subsection (1) shall be guilty of an offence and upon conviction
shall be liable to imprisonment for a period of five years or a fine of M 5 000. 00 or both.
(3) It shall be a valid defence in any proceedings envisaged in this section for a person
referred to in subsection (1) to inform the court that he or she was acting in terms of
delegated powers granted in terms of the provisions of this Act.
Provided that in that event the person referred to in subsection (1) shall bear the
onus of proving the alleged delegation and nothing in this section shall be
construed as conferring any delegated powers to any such person referred to in
subsection (1).
Role of Members of Parliament in Local Government
96. (1) A member of parliament elected into the National Assembly in accordance with the laws for the
time being prevailing in Lesotho or his/her representative shall not undertake any activity at community
level or purport to execute any of the functions reserved to local authorities in this Act except with the
permission of any Council.
(2) A member of parliament referred to in subsection (1) shall be obliged to consult with any Council
relating to its functions under this Act or its activities in its area of jurisdiction. After such consultation
s/he may propose improvements on how the function (s) should be carried out, but such Council may
decide either to consider or disregard such proposals.
(3) It shall be unlawful for the person referred to in subsection (1) to carry out any activity or function
reserved to local authorities.
6. The principal law is amended by inserting this new section.
“Application of the Act
97. This Act shall prevail over any other law dealing with local government except the
Constitution.”
42
7. The principal law is amended by inserting the following new Part immediately after Part
VIII :
“PART IX
Amendment of Certain Laws
Amendment of the Forestry Act
“98. The Forestry Act, 1998 is amended by:
(a) deleting “Chief Forestry Officer” and “forestry officer” wherever they appear in sections 5, 8(1),
11 (2), 16 (5), 23 (1), (3) and (4), 24, 25 and 34 and substituting “local authority”.
(b) repealing section 7 in its entirety.
Amendment of the Public Health Order
“99. The Public Health Order, 1970 is amended by:
(a) deleting “health officer” wherever it appears in sections 54, 55, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66,
67, 68, 69 and 87 and substituting “local authority”.
(b) deleting “magistrate” wherever it appears in section 58 and substituting “President of any Local
Court”.
Amendment of the Land Husbandry Act
“100. The Land Husbandry Act, 1969 is amended by:
(a) deleting the definition of ‘”chief” in section 2;
(b) deleting “Chief” in section 6 and substituting “local authority”; and
(c) deleting the definition of “minister” in section 2 and substituting
“Minister” means the minister responsible for the local government.”
43
Annex 7: Allocation of FY2006/07 Capital Grant to the 128 Community Councils
Suggested Formula Reg. Voters 2005
Pop. Area Weight Annual Fund
Dis
tric
t
Community Council Voters
CC area in km²
75% 25% in % 15,000,000
A01 Qiloane 10,868 130.80 1.512 0.549 1.271 190,643
A02 Ratau 10,578 204.42 1.471 0.858 1.318 197,694
A03 Likalaneng 5,382 387.19 0.749 1.625 0.968 145,160
A04 Nyakosoba 5,434 329.35 0.756 1.382 0.912 136,869
A05 Makheka 2,803 214.89 0.390 0.902 0.518 77,684
A06 Manonyane 10,552 122.38 1.468 0.514 1.229 184,374
A07 Mohlakeng 9,231 185.14 1.284 0.777 1.157 173,582
A08 Mazenod 12,979 147.78 1.805 0.620 1.509 226,348
A09 Lilala 9,466 250.54 1.317 1.052 1.250 187,554
A10 Makhoarane 10,876 236.68 1.513 0.993 1.383 207,435
A11 Makhaleng 6,463 223.46 0.899 0.938 0.909 136,302
A12 Ribaneng 3,642 212.04 0.507 0.890 0.602 90,364
A13 Semonkong 3,839 157.81 0.534 0.662 0.566 84,910
A14 Makolopetsane 2,948 258.45 0.410 1.085 0.579 86,810
A15 Telle 3,674 230.85 0.511 0.969 0.626 93,825
Mas
eru
Total without MCC
Maseru District 108,735 3,292 14.797 2,219,554
B01 Makhunoane 3,434 77.09 0.478 0.324 0.439 65,867
B02 Liqobong 3,108 109.07 0.432 0.458 0.439 65,800
B03 Ntelle 2,127 106.64 0.296 0.448 0.334 50,068
B04 Likila 8,292 93.99 1.153 0.395 0.964 144,542
B05 Kao 2,561 123.01 0.356 0.516 0.396 59,435
B06 Sekhobe 1,800 279.99 0.250 1.175 0.482 72,237
B07 Moteng 5,758 178.53 0.801 0.749 0.788 118,199
B08 Linakeng 2,177 45.05 0.303 0.189 0.274 41,155
B09 Tsa-le-Moleka 10,851 97.73 1.509 0.410 1.234 185,172
B10 Lipelaneng 9,844 79.56 1.369 0.334 1.110 166,555
But
ha B
uthe
Total Butha Buthe District 49,952 1,191 6.460 969,030
C01 Limamarela 3,590 328.44 0.499 1.379 0.719 107,872
C02 Mphorosane 3,855 165.20 0.536 0.693 0.575 86,324
C03 Seshote 3,958 203.74 0.551 0.855 0.627 94,002
C04 Matlameng 4,153 116.90 0.578 0.491 0.556 83,384
C05 Pitseng 7,732 186.24 1.075 0.782 1.002 150,300
C06 Motati 4,361 63.31 0.607 0.266 0.521 78,203
C07 Fenyane 4,614 118.25 0.642 0.496 0.605 90,810
C08 Serupane 4,487 46.73 0.624 0.196 0.517 77,565
Ler
ibe
C09 Malaoaneng 2,782 53.28 0.387 0.224 0.346 51,917
44
Reg. Voters 2005 Suggested Formula Annual Fund
Community Council CC area in km² Pop.
75% Area 25% Weight 15,000,000
C10 Menkhoaneng 9,618 222.00 1.338 0.932 1.236 185,440
C11 Maisa-Phoka 5,739 60.15 0.798 0.252 0.662 99,268
C12 Sephokong 8,719 122.24 1.213 0.513 1.038 155,670
C13 Linare 11,483 69.39 1.597 0.291 1.271 190,600
C14 Litjotjela 9,329 99.76 1.298 0.419 1.078 161,676
C15 Khomokhoana 14,678 27.40 2.042 0.115 1.560 233,984
C16 Hleoheng 10,698 97.06 1.488 0.407 1.218 182,673
C17 Manka 8,895 166.96 1.237 0.701 1.103 165,463
C18 Tsoilitsoili 8,600 146.16 1.196 0.614 1.050 157,573
Ler
ibe
(con
tinue
d)
Total Leribe District 127,291 2,293 15.685 2,352,724
D01 Makeoana 7,663 250.63 1.066 1.052 1.062 159,356
D02 Mapoteng 9,289 147.73 1.292 0.620 1.124 168,601
D03 Kueneng 8,890 128.35 1.236 0.539 1.062 159,307
D04 Tebe-Tebe 7,092 160.09 0.986 0.672 0.908 136,170
D05 Phuthiatsana 11,388 172.88 1.584 0.726 1.369 205,404
D06 Maluba-Lube 9,656 66.91 1.343 0.281 1.077 161,622
D07 Motanasela 8,455 186.60 1.176 0.783 1.078 161,670
D08 Senekane 10,283 210.64 1.430 0.884 1.294 194,057
D09 Kanana 9,961 150.87 1.385 0.633 1.197 179,611
D10 Thuathe 5,565 73.12 0.774 0.307 0.657 98,587
Ber
ea
Total Berea District 88,242 1,548 10.829 1,624,384
E01 Metsi-Maholo 9,636 238.23 1.340 1.000 1.255 188,276
E02 Mamantso 11,525 235.20 1.603 0.987 1.449 217,357
E03 Mathula 8,179 195.88 1.138 0.822 1.059 158,812
E04 Monyake 5,790 163.26 0.805 0.685 0.775 116,296
E05 Tajane 2,801 56.11 0.390 0.236 0.351 52,660
E06 Ramoetsana 4,409 199.52 0.613 0.837 0.669 100,395
E07 Malakeng 3,484 108.91 0.485 0.457 0.478 71,658
E08 Malumeng 4,525 143.40 0.629 0.602 0.623 93,376
E09 Koti-se-Phola 5,452 144.05 0.758 0.605 0.720 107,983
E10 Makholane 11,453 227.44 1.593 0.955 1.433 215,009
E11 Qibing 8,172 226.48 1.137 0.951 1.090 163,519
E12 Makaota 11,737 68.10 1.632 0.286 1.296 194,372
Maf
eten
g
Total Mafeteng District 87,163 2,007 11.198 1,679,712
F01 Siloe 8,525 262.96 1.186 1.104 1.165 174,785
F02 Mashaleng 9,669 146.25 1.345 0.614 1.162 174,314
F03 Motlejoeng 10,527 109.93 1.464 0.461 1.213 182,023
F04 Khoelenya 9,132 297.97 1.270 1.251 1.265 189,793
F05 Teke 2,553 174.32 0.355 0.732 0.449 67,387
F06 Mootsinyane 4,274 222.81 0.594 0.935 0.680 101,948
Moh
ale'
s Hoe
k
F07 Phamong 3,910 142.45 0.544 0.598 0.557 83,603
45
Reg. Voters 2005 Suggested Formula Annual Fund
Community Council
CC area in km² Pop.
75% Area 25% Weight 15,000,000
F08 Thaba Mokhele 8,973 267.33 1.248 1.122 1.217 182,482
F09 Qobong 5,050 398.54 0.702 1.673 0.945 141,751
F10 Qhobeng 1,939 211.13 0.270 0.886 0.424 63,573
F11 Seroto 3,436 313.84 0.478 1.317 0.688 103,164
F12 Likhutloaneng 3,499 304.32 0.487 1.277 0.684 102,652
F13 Nkau 4,033 226.68 0.561 0.951 0.659 98,786
F14 Qabane 3,437 198.69 0.478 0.834 0.567 85,055
Moh
ale’
s Hoe
k (c
ontin
ued)
Total Mohale's Hoek D. 78,957 3,277 11.675 1,751,317
G01 Likhohlong 2,309 219.48 0.321 0.921 0.471 70,677
G02 Matsatseng 6,651 190.13 0.925 0.798 0.893 133,998
G03 Qomoqomong 2,893 151.17 0.402 0.635 0.460 69,063
G04 Liphakoe 6,506 49.00 0.905 0.206 0.730 109,514
G05 Nkoebe 4,750 225.58 0.661 0.947 0.732 109,832
G06 Tsatsane 3,880 363.22 0.540 1.525 0.786 117,884
G07 Mkh'ono 3,845 235.76 0.535 0.990 0.648 97,274
G08 Mokotjomela 6,159 226.73 0.857 0.952 0.880 132,060
G09 Mphaki 7,587 400.05 1.055 1.679 1.211 181,686
G10 Seforong 4,491 196.93 0.625 0.827 0.675 101,270
Qut
hing
Total Quthing District 49,071 2,258 7.488 1,123,258
H01 Patlong 4,231 185.33 0.588 0.778 0.636 95,376
H02 White Hill 1,437 130.09 0.200 0.546 0.286 42,962
H03 Letloepe 6,946 113.46 0.966 0.476 0.844 126,545
H04 Maseepho 3,893 206.84 0.541 0.868 0.623 93,473
H05 Matebeng 1,695 208.56 0.236 0.875 0.396 59,351
H06 Mosenekeng 1,042 105.56 0.145 0.443 0.219 32,920
H07 Thaba Khubelu 2,140 208.35 0.298 0.875 0.442 66,281
H08 Khomo Phatsoa 3,053 435.73 0.425 1.829 0.776 116,358
H09 Ratsoleli 2,624 87.44 0.365 0.367 0.365 54,822
H10 Ramatseliso 2,327 129.65 0.324 0.544 0.379 56,819
H11 Thaba Litsoene 2,523 206.79 0.351 0.868 0.480 72,028
Qac
ha's
Nek
Total Qacha's Nek District 31,911 2,018 5.446 816,934
J01 Matsoku 1,951 173.26 0.271 0.727 0.385 57,800
J02 Khubelu 3,856 212.96 0.536 0.894 0.626 93,857
J03 Mapholaneng 3,830 179.12 0.533 0.752 0.587 88,124
J04 Pae-La-Itlhatsoa 1,029 130.92 0.143 0.550 0.245 36,709
J05 Popa 3,033 125.51 0.422 0.527 0.448 67,214
J06 Molika-Liko 2,983 182.2 0.415 0.765 0.502 75,355
J07 Khalahali 3,862 228.65 0.537 0.960 0.643 96,421
J08 Moremoholo 3,959 165.76 0.551 0.696 0.587 88,039
J09 Sakeng 1,235 59.05 0.172 0.248 0.191 28,619
Mok
hotlo
ng
J10 Mateanong 3,230 244.94 0.449 1.028 0.594 89,096
46
Reg. Voters 2005 Suggested Formula Annual Fund
Community Council
CC area in km² Pop.
75% Area 25% Weight 15,000,000
J11 Liphamola 3,545 38.49 0.493 0.162 0.410 61,528
J12 Rafolatsane 3,363 161.43 0.468 0.678 0.520 78,032
J13 Marung 2,283 150.08 0.318 0.630 0.396 59,346
J14 Linakaneng 1,745 169.26 0.243 0.710 0.360 53,947
Mok
hotlo
ng (c
ontin
ued)
J15 Tekeseleng 1,912 104.16 0.266 0.437 0.309 46,313 Total Mokhotlong District 41,816 2,326 6.803 1,020,400
K01 Malehloana 5,532 336.32 0.769 1.412 0.930 139,500
K02 Mphe-Lebeko 5,026 429.75 0.699 1.804 0.975 146,288
K03 Thaba-Chitja 3,548 330.26 0.493 1.386 0.717 107,501
K04 Thaba-Kholo 4,195 258.72 0.583 1.086 0.709 106,364
K05 Lesobeng 4,665 323.46 0.649 1.358 0.826 123,909
K06 Matsooana 6,584 179.85 0.916 0.755 0.876 131,331
K07 Mohlanapeng 4,296 387.56 0.598 1.627 0.855 128,225
K08 Mosetoa 2,512 144.58 0.349 0.607 0.414 62,064
K09 Bobete 4,960 246.88 0.690 1.036 0.776 116,471
K10 Senontong 3,422 163.57 0.476 0.687 0.529 79,292
K11 Makheka 5,398 388.41 0.751 1.630 0.971 145,602
K12 Monyetleng 3,263 228.98 0.454 0.961 0.581 87,100
K13 Sehong-Hong 2,435 196.54 0.339 0.825 0.460 69,038
Tha
ba T
seka
Total Thaba Tseka District 55,836 3,615 9.618 1,442,685
Total 128 CC in 10 Districts 718,974 23,824 100 15,000,000
47
Annex 8: Detailed agricultural and natural resource recommendations Core Principles and Risks In chapter one we have already discussed the issues related to co-production of services, and to reducing the length and improving the effectiveness of accountability mechanisms. In terms of assignment of specific functions in scaling up of innovations we have stressed the need to allocate them according to the principles of subsidiarity, comparative advantage and compatible incentives. Other principles relevant to scaling up include: Do not undermining existing initiatives: Draw on successful individuals/enterprises to participate in and provide expertise for new initiatives. Use CC (and in some case district DCs) for coordinating sub-committees that oversee interventions (including standing committees, commodity associations, community groups etc.). As discussed in chapter 1, local authorities can anchor networks, develop partnerships, coalitions, platforms of exchange for specific activities/projects; they can also provide oversight, and help mobilize resources. Scale up promising experiences through pilot phases: Promote nationwide implementation with fewer farmers than a large number (only interested in subsidies); where interventions are successful they will spread. Scaling up interventions should be tracked with defined and appropriate targets, outputs and reporting mechanisms so that problems are identified early, interventions are redesigned as needed, and lessons are learned and implemented. Consider incorporating a system of mentors to support both pilot projects and upscaling as in the Teba initiative. They can help build community ownership, provide technical assistance, facilitate monitoring of activities, strengthen accountability (up and downwards) and promote sustainability.22 Risks The risks involved when scaling up specific interventions will need to be articulated when developing them. Some specific risks are articulated within the individual case studies and others have been highlighted in selected examples of promising initiatives in the separate report
22 Mentors will need to be experts in their field. If they are nationals, they will need updating of their knowledge to include new international experience. If they are ex-patriates, they will need training in facilitation.
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Annex Table 8.1: Recommendations Specific to Rangeland Use and Management Recommendation Sources of
Experien ce Envisaged Co-producers
Clarifications needed
1. Strength User Institutions
RMA, GA, MDTP, LHWP Chiefs
CC/DC,DLS, MOLGC, user groups (incl WMGA), Chiefs, NGOs, donors
Laws and by-laws; instl. arrgmt; accountability; finance; monitoring; inclusivity, conflict resolution; incentives
2. Clarify legal arrangements, roles and accountabilities for range management and land tenure
RMA, GA, Chiefs, CC/DC
CC/CD, Chiefs, MOLGC, MAFS, user groups
Legal systems; accountability; finance; monitoring; stakeholder perceptions/inputs
3. Reduce stock theft
DLS and security forces
CC/DC; Chiefs; DLS; woolsheds; user groups (incl WMGA); security forces; donors/NGOs
Registration and branding; communications; local law enforcement approaches thru CCs and others; community perceptions/inputs
5. Research and Promoting Incentives
MDTP, LJWP MFLR, MAFS, NGOs User groups
Grazing management options/preferences/perceptions; technologies & institutions to improve the range in response to farmer priorities; livelihood options; assess PES options
6. Capacity Building
MDTP LHWP MFLR/MAFS NGOs
CC/DC; Chiefs; user groups; MAFS/MFLR; NGO/donors
target, content and delivery mechanisms for program
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Annex Table 8.2: Recommendations for Scaling up Specific to Wool and Mohair Recommendation Sources of
experience Envisaged Co-producers
Clarifications needed
1. Localise LPMS woolsheds, strengthen WGMAs
MAFS, Serumula WMGAs
MAFS , MOLGC, WGMAs, Serumula,
Why progress so slow Institutional/social analysis GoL political will Private sector experiences
2. Establish System of Village Veterinary Workers
Teba, SMARDT, SADPMA
NGOs; DLS; woolsheds: WGMA and private; vet professionals: private and public
Identification & ongoing training; access to meds; private sector interest; cost-benefits
3.Capacity Building in managing businesses and associations, animal husbandry, shearing, classing, recording; negotiate with brokers
Teba, SMARDT, Sermulua; WMGAs
CCs; NGOs; MAFS; WMGAs
Identification & ongoing training; access to meds
4. Improve Genetics through access to improved stock; develop local stud services/gene pool
Teba, Serumula, SMARDT, MAFS breeding programme
Serumula, Teba, SMARDT, pvt , other NGOs; WMGAs DLS
Quality of breeding stock; access by poor farmers
5. Improve access to services to remote farmers and improve marketing, using PSDM (1.3)
None CCs; GoL;VVWs; private traders & buyers; WMGA
Inclusion of animal health workers; willingness from GoL; traders, WMGAs, CCs
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Annex Table 8.3: Recommendations for Scaling up Specific to Horticulture Recommendation Sources of
experience Envisaged Coproducers Clarifications needed
1. Scale up technologies and successful extension approaches for homestead gardens, incl. Machobane
CARE-LRAP, FAO, SMARDT, Serumula, GROW, RSDA, PSP-DFID; some associations
UES, CBA, NGOs, CCs, commodity associations, priv providers, donors
Farm level viability; HH surveys of preferred options (most maintain keyholes others don’t); local perceptions/inputs
2. Promote marketing, service delivery, PSDM & input trade fairs (ITF);
CCs; FAO, CARE, PSP-DFID, most local NGOs; SANReMP;
CCs, MAFS, MFLR, CBA/PT other govt depts and civil society
Involvement of private agents: PT/CBAs; Link ITFs to PSDM; mechanisms to include the poorest (vouchers?); upscale market outlets – cannery; explore other bulking options & contracts
3. Promote producer associations, incl. in support groups-safety nets for vulnerable HH
CC/producer groups initiated in some districts; FAO; CARE-LRAP; NGOs
CCs; user groups; MAFS/UES; NGO
Innovative strategies/options for support group-safety nets; technologies and commodities adaptive to vulnerable HHs
4. Research (1.4)
CARE-LRAP and NGOs on adapting production.
GOL:MAFS;MTICM;, MFLR;LCNGO; Private sector; and CBAa; communities; Donors with TA
Economics of options; agronomics of higher value products; options for processing and use of existing fruit; market demand; adaptations
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Annex 9: “Open Space” recommendations from the Review Workshop (June 13-14, 2007) On each day of the review workshop an “Open space” was arranged in which participants joined working groups of their own choice. Six of the seven working groups were provided with two to three specific questions that they would debate and make recommendations on; the legal group was given the specific recommendations of the legal report to review and recommend changes. Each working group was given approximately one hour and a half for their debates. The recommendations were then presented to the Plenary. A number of recommendations were considered controversial and beyond the mandate of the workshop. They require a broad public debate to be resolved. These recommendations are marked with ****. The other recommendations are reflected in the chapters of the report.
Group A: Relationships between Tiers of Government and Citizens Question 1: What Should be the Relationship Between Central Government and Decentralized Local Authorities?
1. CG defines and reviews policies 2. CG oversees, monitors and co-finances the activities, and work of local authorities (e.g., create an
enabling environment, capacity building, legal support, and technical support 3. LAs are responsible for their own development plans within the national planning framework
(e.g., preparation, approval, execution and monitoring) 4. LAs are accountable to citizens and CG (reporting system and transparency) 5. The Vision of Decentralization should reflect Section 31 of LG Act 1997, which gives local
councils considerable autonomy. Question 2: What Should be the Relationship Between District Councils and Community Councils
1. Each CC needs to be capacitated to run their own affairs (staffing, training, and adequately financed)
2. Abolish DCs since most of their functions are being performed by CCs. **** 3. CCs should be accountable to MLGC **** 4. Strengthen DDCCs, so that they will be able to assist CCs with decision making and technical
support Question 3: What should be the Relationship Between Local Authorities and Citizens
1. Local councils/LAs should be accountable to citizens 2. Mobilize local citizens by holding Pitsos 3. Facilitate initiatives of local citizens through PRAs 4. Identify local development needs 5. Mediate local conflicts 6. Help enforce the law 7. Help networks all facilitating agents for local development 8. Local citizens should be in a position to demand services and accountability
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Group B: Recommendations on Administrative Decentralization
Question 1: What administrative structural changes would be required to enable sectors and Local Authorities to become more effective? Question 2: How should relationships be clarified at the District level?
• Who reports to whom • Who has control over which assets • Who calls and chairs different meetings • Etc
Recommendations: There was long debate on possible recommendations on the issue of Administrative Decentralisation. The group could not make concrete recommendations due to limit of time and the fact that some recommendations were calling for radical changes, which are more of political decisions. Example: The office of the DA – the recommendations varied from shifting the DAs office under the DC to even abolishing it ****. The group first needed the job description of the DA issued by the competent authority (which was not available) before making any recommendation. The same problem was faced in trying to answer the other questions put to the group. The current LG system is very ambiguous and full of serious implementation problems as reflected by most of the presentations made. These issues need to be addressed at both central and local government levels by the decision makers.
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Group C: Recommendations on the Role of the Sectors Questions 1: What changes are necessary for Line Ministries to support initiatives of local Authorities? Questions 2: How can the lack of clarity in reporting relationships of sector staff and managers be resolved (to District Administrator, Local Authorities, and their own sector department? Question 3: How can the accountability of the sectors to citizens be strengthened?
1. Need to promote Integrated Development Planning to enable involvement of communities leading to bottom-up planning.
2. Need to amend LGA to make DC Secretaries the Chairs of the District Planning Units to enable easier service delivery.****
3. Need for line ministries to introspect and develop ways by which they can work through local governments.
4. Need to sensitize and capacitate the line ministries on decentralization for them to follow the LGA.
5. There is a need to cut the link of the district with the HQ, abolish the DAs position and capacitate the DCS to administer the district staff.****
6. Need to decentralize the LG Service Commission to work at the district level. 7. Need to promote the pressure and interest groups at the local level to demand downward
accountability of the councils and the sector ministries. 8. Need to provide legal framework to support these groups to play this role of demand-driven
service delivery.
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Group D: Recommendations on Community Empowerment within the Local Authority System
Question 1: How can the resources and energies of communities be better channeled by local authorities? Recommendations:
1. Council should move from unskilled to semi-skilled and skilled labour in the implementation of community projects by capacitiating the communities by:
a. Establishing vocational training institutions. b. Providing appropriate technologies. c. Holding public awareness campaigns.
2. Instilling better management of resources, e.g. management of rangelands to sustain livestock. 3. Preventing land and water pollution which is a major contributing factor to reduction of
resources. 4. Council responsibility to facilitate provision of husbandry & veterinary services. 5. Members of community should be given opportunity to use natural resources for income
generation. In return, the council should charge rates & taxes to be able to conserve and sustain those resources.
6. Council has to formulate by-laws as a means of management and enforcement. Question 2: What measures are needed in order to ensure that approved projects correspond to community priorities? Recommendations:
1. Strict adherence to bottom-up approach involving the community at all levels. 2. Engage in active consultations with all relevant stakeholders. 3. Promote dialogue between all relevant stakeholders so that the community makes informed
choices.
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Group E: Recommendations On Legal Reforms This group was given the draft recommendations of the legal consultant to debate and make recommendations
1. Central-Local relationships should be further clarified in the Local Government Act (LGA) 2. Resuscitate Section 95 of LGA so that harmonization over other acts can be legally enforced. 3. Final amendments to LGA should be informed by agreed policies (financial, environmental etc.). 4. There is a need to unpack LG functions (defined in Schedule 1) as separate schedules for each
type of council (schedule 2 = CCs, schedule 3= DCs, schedule 4 = MCs, schedule 5 = UCs). **** While the need of such clarification was accepted by the plenary, government was encouraged to consider the option to put only schedule 1 should into the ACT, while putting the proposed schedules 2 to 5 into the regulations as the suggested activities of different classes of Councils.
5. Need to further integrate Chiefs into the LG system through regulations (e.g. custody of cattle pounds, allocating sites for graves within the graveyard allocated by the CC, etc.)
6. Range Management & Grazing Control (Amendment) Regulations of 2005 should be incorporate the role of councils.
7. Need to amend Stock Diseases Regulations to incorporate the role of the councils. 8. Need to amend Public Health Order to incorporate the role of the councils. 9. Need to take cases pertaining to Public Health Order to Local Courts instead of Magistrate Courts
for cheaper and speedy justice as well as decongestion of the existing backlogs. 10. The Forestry Fund within the Forestry Act should be abolished and instead revenues from forests
should be deposited into the council funds. 11. Members of Parliament need to be formally linked to local government system by either making
them ex-officio members of District Councils or DDCCs. 12. Need to reconcile procedures for making by-laws with the Interpretation (Amendment) Act of
1993. 13. (General Recommendation:) Need to take legal officers on a study tour to a country with a model
of decentralization similar to Lesotho to study central-local relationships and legal harmonization.
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Group F: Recommendations On Fiscal Decentralization Question 1: What kind of revenue sources should be devolved to local authorities ? Recommendations:
• Natural resources: sand, water, forests, thatch grass, sandstone, stones, herbs, clay etc. • Fees & Fines: grazing fees, pound fees, dipping fees, graveyard fees, public toilets and access
fees etc. • Licensing: quarrying, skiing, fishing, building permits etc. • Markets & parks:, 4 x 4 trails, community halls, playgrounds, bus terminals etc. • Rates: sewerage, property, refuse collection, adverstising etc.
Question 2: What are the additional factors which should be taken into account in designing central government grants to local authorities? Recommendations:
Recurrent Budget Current Grant System:
Operating Costs Emoluments Special expenditures The Recurrent Budget is a conditional budget.
Finding: Conditional budgets are too rigid for the councils. Recommendation: Give flexibility to re-allocate within the council. **** Capital Budget Current Grant System: 75% of the grant is based on registered voters for LG elections 25% on basis of land area Recommendations:
• 75% allocation based on total population of the council • Level of services within the councils should be taken into consideration. • Clearly classify the councils into Urban and Rural and allocate based on revenue potential of that
council. • Indicative three-year Capital Budget for each council should be known in advance.
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Group G: Agriculture & Natural Resource Management
1. What do local authorities needs from CG and other actors in order to play their role in Ag & NRM?
1. Clear policies and strategies from the CG 2. By-Laws to govern Ag and NRM (e.g., building materials, sand, stone, grave) 3. Capacity building through training in order to learn the polcies and strategies 4. Need to use a zoning map in relation to the topography, climate, and other factors related to crop
production (land use planning) 5. Devolve Integrated Water Resources Management to the local authorities 6. Develop strategies to address stock theft and safety of properties; provide the necessary resources
and infrastructure to go with it. 2. What do the Sectors Need From Central Government & Local Authorities?
1. Central Government must ensure harmonization and coordination of sector activities 2. Prioritization of sector activities with the highest potential (refer to bullet 1-Q1 above) 3. Sectors (all FAs) need to be included in the preliminary planning stage of the country. 4. Sectors (MAFS & MFLR) need capacity through technical officers and resources in order to
assist local authorities with Ag & NRM. 5. Local authorities to see to crating a suitable environment for sectors to operate harmoniously
3. What do WMGA & Other Poducer Organizations need from Central Government, and Local Authorities?
1. There should be creation of market opportunities for WMGA and other producer organizations 2. Central Govt and Local Authorities should assist in the improvement of quality of products