By Thokozani Mazibuko
Senate President Lindiwe Dlamini has called for a review of the Urban Act during a Sessional Committee meeting between the Ministry of Housing and Development and its Portfolio Committee this week.
Minister Appollo Maphalala was in Parliament to respond to some concerns raised by the Ministry’s Senate Portfolio Committee, and the Senate President, as an interested party, sat in during the Sessional Committee meeting chaired by Senator Sicelo Dlamini.
After being acknowledged by the Portfolio Committee’s Chairperson, the Senate President first commended the Minister for their efforts in maintaining towns and cities in the Kingdom of Eswatini.
“The Urban Act is now outdated and requires urgent review, as its irrelevance is becoming evident in the administration of towns and cities in the country,” the Senate President emphasized.
The Senate President urged the Minister to promptly initiate the review of the Bill to address the issues that are currently hindering the development of urban areas in the country.
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“Senator Dlamini highlighted the issue of having councillors with minimal education levels making decisions alongside highly educated staff and CEOs in municipalities. The Senate President, supported by the Portfolio Committee, emphasized the need to review the act to ensure that only property owners in urban areas are eligible to be nominated as councillors, as opposed to individuals renting properties. The Senate President is specifically calling for a review of Act 8 of 1969, which governs the establishment and regulation of urban authorities and related matters.”
It is worth mentioning that the Municipal Councils are governed by the Urban Government Act of 1969. They are the progeny of the Ministry of Housing and Urban Development which is responsible for general governance of the urban areas in Eswatini. The Minister of Housing and Urban Development delegates most of his powers to the public to run the affairs of their urban community.
Moreover, according to the Urban Act, it is the public that then elects a body of Councillors to form the Municipal Council which in turn exercises the delegated authority to run the municipality, however, the Council enjoys a certain degree of autonomy.
Most importantly, the responsibility of the Council is to make policies and draw different pieces of legislation necessary for the implementation of these policies. The Minister, however, has to assent first to most of these policies.
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It is the making of the policies and drawing of pieces of legislation that the Senate President said it was difficult for a councillor who is uneducated.
“There are a lot of things or responsibilities that demand that a councillor be educated in this generation for relevancy,” she said.
The Section which the Senate President wants to be reviewed
(8) Election regulations
The Minister shall make regulations for the regulation and conduct of elections to be held under the provisions of this Act, and without prejudice to the generality of the foregoing, may by such regulations prescribe— (a) the qualifications and disqualifications of voters; (b) the enrolment of voters in any municipality or in any territorial ward of any municipality, and the framing of voters’ rolls for a municipality; (c) the method of making and disposing of claims and objections, including appeals, in connection with the enrolment of voters; (d )the qualifications and disqualifications of candidates for election as councillors; (e) the ascertainment of the qualifications of voters and candidates for election;(f) the procedure for nomination of candidates for election as councillors; (g) the method of election in any municipality or in any territorial ward of any municipality, and the appointment of a returning officer and other persons to conduct the election; (h) when councillors vacate office and the terms and conditions of office of councillors; (i) the determination of any question which may arise whether a person has been elected as a councillor or whether having been elected a councillor, the person is disqualified from being or continuing to be a councillor; (j) the filling of casual vacancies in the office of councillor; (k) the nature of corrupt and illegal practices: (l) the manner and circumstances in which revision of an election may take place; and (m) such forms as he may think necessary to be used in connection with elections.
