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MUNICIPAL DEMARCATION BOARD 20052006 local elections 2004 ward delimitation Presentation: Vuyo Mloko

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Title: MUNICIPAL DEMARCATION BOARD 20052006 local elections 2004 ward delimitation Presentation: Vuyo Mloko


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

21
The phases, timeframes and process
22
Progress Phase 1
  • MDB planned to commence with ward delimitation
    process in February 2004
  • Process delayed as a result of national and
    provincial elections, and delays in determining
    the formula and the number of councillors
  • Phase 1 has almost been completed
  • Some sec 23 notices (MECs) and concurrence of
    some provincial legislatures for CBM boundaries
    are still outstanding
  • National legislation to authorise CBM boundary
    changes, still to go through Parliament
  • One or two corrections to be made to number of
    councillors and number of wards (Amendment of MEC
    sec 18(3) notice).

23
Progress Phase 2
24
Progress Phase 2 (cont)
25
Progress Phase 2 (cont)
26
Progress Phase 2 (cont)
27
Submission received on the first set of ward
boundaries (as on 4/10)
28
Phase 2 Outstanding
  • Closing date for public submission from Limpopo
    8 October 2004
  • Release of map set 2 for KZN and EC 11- 14
    October 2004
  • Meeting of Limpopo Delimitation Committee to
    consider public submission and prepare ward set 1
    18 19 October 2004
  • Release of Limpopo map set 2 22 October 2004
  • Public hearings 25 October to 26 November 2004
  • Closing date for submission on ward set 2 30
    November 2004
  • Possible additional hearings December 2004
  • Accommodate public hearing inputs in third set of
    boundaries December 2004/January 2005

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

30
Public hearing programme EC
31
Public hearing programme KZN
32
Public hearing programme KZN (Cont)
33
Public hearing programme FS
34
Public hearing programme NC
35
Public hearing programme WC
36
Public hearing programme MP
37
Public hearing programme LIM
38
Public hearing programme GT
39
Public hearing programme
40
Public hearings IMPORTANT
  • Public hearings will be held to discuss the
    SECOND SET of draft ward boundaries (blue
    colour)
  • Important to confirm venues and dates
  • 012-3422480 or Nalini_at_demarcation. org.za
  • If possible, register attendance by providing the
    following to the Board
  • Name of hosting
  • municipality_______________________Code__________
    ____________
  • Venue____________________________________________
    ___________
  • Date_____________________________________________
    ____________
  • YOUR NAME THE NAME OF THE MUNICIPALITY OR
    ORGANISATION THAT
  • YOU WILL BE REPRESENTING TEL AND/OR CELL NUMBER
    FAX NUMBER
  • E-MAIL ADDRESS.
  • (Please fax or email to 012-3422480 or
  • Nalini_at_demarcation. org.za)

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

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

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

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

45
Funding (cont) Revised budget for ward
delimitation
46
Challenges
  • To obtain the necessary funding to complete the
    process
  • To ensure an improvement on the 2000 ward
    boundaries, but in compliance to the criteria set
    out in Schedule 1 to the Structures Act, 2004
  • To get local government stakeholders to
    prioritise the ward delimitation process, and to
    attend to outstanding issues as matters of
    extreme high priority
  • To encourage communities and the general public
    to participate in the process by either
    commenting in writing on draft boundaries, or to
    make contributions at the public hearings.
  • To review the local government legislation in
    general, but also specifically, around the
    delimitation of wards, so as to enhance the
    Constitutional objects of local government.
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