scholarly journals Legal and Institutional Framework: The “Achilles Heel” Of Local Authorities and Raison D’etre of Ministerial Intervention in Zimbabwe

2012 ◽  
Vol 2 (3) ◽  
pp. 19 ◽  
Author(s):  
Alois Madhekeni ◽  
Gideon Zhou

Centre-local relations have been an area of controversy in Zimbabwean local governance both as a discipline and as a practice. Local authorities have traded blows with central government particularly accusing the responsible Ministry of reducing them to spectators in their own field through excessive ministerial intervention. Meanwhile the ministry of local government has cracked the whip on local authorities accusing them of mismanagement and compromised service delivery. The independent media has described the scenario as a “Bloodbath” in local authorities. What appears to be misconstrued by many however is the fact that the governing legal and institutional framework of local governance in Zimbabwe provides room for the responsible Minister to legally enable or disable local authority administration. This governing framework has been and is still the “Achilles heel” of local authorities and the raison d’être of ministerial intervention in Zimbabwe.

1986 ◽  
Vol 4 (4) ◽  
pp. 439-450 ◽  
Author(s):  
K Young

Local authority involvement in economic matters has become widespread since the early 1970s. Recent developments in the pattern of local economic activity have been the increasing use of section 137 of the Local Government Act 1972 to fund local programmes, the spread of local authority involvement from the Assisted Areas to the more prosperous regions, and the increasing interest shown by the smaller shire districts, often in rural areas. The portfolio of possible interventions has also changed, bringing a new diversity to the practice of local economic development. Whereas central government has in the past eschewed the temptation to exercise close controls over these activities, the new diversity of local economic initiatives presents it with new dilemmas. It can no longer be assumed that such initiatives will be supportive of central government's spatial or sectoral policies. This vacuum in central-local relations is unlikely to remain, and renewed pressures to grant specific economic development powers to local authorities can be expected. If these claims are accepted, central government will be drawn inexorably into local economic affairs by the need to develop the capacity of local authorities to intervene effectively in pursuit of economic and employment goals.


1985 ◽  
Vol 5 (2) ◽  
pp. 241-265 ◽  
Author(s):  
Edward Page

ABSTRACTLaw is an instrument which can be used by central government to influence its environment, including other levels of government. This paper examines a number of fundamental questions about the nature of legal influence upon local authorities in Britain. Legislation affects local authorities in a variety of ways: through making direct reference to local authority organisations and the services they provide; through affecting all large organisations, public or private; and through affecting the organisations and individuals with which local authorities interact. In the 1970s a large proportion of legislation was concerned with the financial aspects of local services. Relatively few laws make substantive changes in the legal framework within which local authorities operate and much legislation can be categorised as ‘anodyne’. However, particular items of legislation can produce such substantive changes in public policies and in the powers of different organisations within government.


2020 ◽  
Vol 68 (2) ◽  
pp. 1-35
Author(s):  
Gerard Turley ◽  
Rémi Di medio ◽  
Stephen McNena

AbstractGiven the changes in the Irish economy since the economic crisis and, more specifically, reforms in the local government sector, this paper reassesses the financial position and fiscal sustainability of local authorities in Ireland. To do this we employ a local government financial performance framework that measures liquidity and solvency, but also operating performance and collection rates, for different sources of revenue income. Using financial data sourced from local council income and expenditure accounts and balance sheets, we report and analyse the financial position and performance during the 2007–17 period. The results indicate an improvement in the financial performance of local councils since the early 2010s. Cross-council differences persist, in particular, between large urban local authorities and smaller rural local authorities, albeit only for the liquidity and operating performance measures. Among the small rural councils, Sligo County Council’s financial position, although improving, remains a serious matter with ongoing consultation with and monitoring by central government. To help improve the measurement of local authority financial performance we recommend inclusion of this framework in the local authority Annual Financial Statement and also in the Performance Indicator Report with a view to making financial reports more accessible and transparent to citizens and taxpayers and, ultimately, to help improve performance and service delivery by the local authorities.


2021 ◽  
Author(s):  
◽  
Harufumi Shiba

<p><b>This study concerns local governance in Japan and whether lessons can be derived from New Zealand and other countries. There are significant differences in the constitutional arrangements of Japan and New Zealand and the history and cultural influences that shape local governance in each country. The case studies, which compare three different policy areas in both countries, confirm, however, the usefulness of the comparative analysis.</b></p> <p>This is not a parallel comparison; the focus is more on lesson learning from different systems and styles of local administrations. The Japanese local government sector is more subject to control and guidance from the centre. A premise of this study is that that a greater degree of autonomy for local government in Japan will be beneficial.</p> <p> ‘Governance’ is a term used in different ways in many contexts. In this study emphasis is placed on the ‘means for achieving direction, control and coordination of individual or organizational units on behalf of their common interests’ (Hill and Lynn Jr, 2004, p. 6). It is associated with the notion of ‘steering’ rather than ‘rowing (Osborne and Gaebler, 1993). Governance is not synonymous with government. In a decentralised environment, local governance concerns the way different interests are settled among, broadly, central government, local authorities and communities.</p> <p> The power balance among central government, local authorities and communities is at the centre of analysis in this study. Six case studies in roading administration, environmental management and emergency management identify characteristics of the so-called ‘strong’ Japanese state while revealing both positives and potential pitfalls of autonomous local governance in New Zealand. Each of the cases is assessed against five criteria ― local capability, responsiveness, coordination, sustainability and financial/economic viability ― and classified as one of eight hypothetical governance ‘types’. Imposed relationships are often observed in Japan, which is contrasted with more consensual multilateral interactions in New Zealand. Constituents of the Japanese power balance include constant administrative guidance (gyosei shido), human resource management (including amakudari) and other ‘informal enforcement’, whereas devolution, contracts and strategic guidance are more conspicuous in New Zealand.</p> <p>Breaking the inertia of age-old practices in Japan would not be an easy task as unsuccessful attempts to reform local government in the past indicate. Political and administrative interests at both agent and institutional levels are inevitably involved. The power balance results not only from strict hierarchy and longstanding institutional influences from the centre, but also from the passiveness of local authorities and communities. Altering the power balance and the nature of local governance can be triggered and sustained in various ways: New Zealand experiences through policy transfer examined in this study can provide useful insights.</p>


2016 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Mervete Shala ◽  
Skender Shala

In this paper we have treated supervision and control of local governance in context of fair governance in Republic of Kosovo. Analyse of law framework and European standards of governance autonomy of local self-governance and administrative supervision of local governance. Treating of supervision of local authority governance and the main mechanism of government for legal administrative review of local authority governance and legality as well as the rights of the supervising authority for administrative review of legality of general acts of municipalities. The purpose of this paper is to analyse and tackle the challenges of supervision and control of local government institutions in Kosovo.The mandate and powers of the central government to review the legality of local authorities in the field of enhanced competencies and the legality and appropriateness of their scope of activities of in the field of delegated powers. The challenges of preserving the autonomy of local self-government and local government supervision by the central authorities. One of the challenges of the supervisor in the future will be to supervise and control of municipalities with extended competences (municipalities with Serb majority), shall these municipalities consider requirements to be review the unlawful acts and harmonize them with the applicable legislation in Kosovo. The methodology of the paper will be mixed, such as: as comparative methods, descriptive, requesting explanatory, predictive.


10.1068/c9855 ◽  
2000 ◽  
Vol 18 (2) ◽  
pp. 207-223 ◽  
Author(s):  
David N King ◽  
Yue Ma

The main purpose of this paper is to distinguish clearly between local authorities and clubs and to consider the circumstances in which individual consumers would prefer to have services provided by one or the other. We also consider the circumstances in which consumers would prefer individual or central government provision. There are also some hybrid positions between different types of provision. We end with some examples of cases where the mode of delivery in Great Britain has changed, or is changing, from traditional local government provision to other forms. Our model suggests a rationale for these changes.


1989 ◽  
Vol 7 (3) ◽  
pp. 313-320 ◽  
Author(s):  
M M Barrow

Game theoretic techniques are used to examine the case of local authorities facing a system of closed-ended central government grants. A diagrammatic exposition of the results from a previous paper is provided, and the results extended to cover alternative types of equilibrium. It is shown that local government behaviour may be Pareto inefficient in response to grants, the inefficiency being manifested in too high a level of local government spending. It is also shown that authorities which try to protect their local tax rate may be at a disadvantage relative to those which make a commitment to high spending.


PERENNIAL ◽  
2006 ◽  
Vol 2 (1) ◽  
pp. 25
Author(s):  
Baharuddin Nurkin

Decentralization has been regarded as a best way to utilize natural resources for local people benefit and to distribute development results fairly through out of entirely of the country. However, experience has shown that in some cases decentralization in forest management policy was not implemented by local authorities in balancing way of both utilization and conservation. On the other hand, local government complained that even though power transfer to local authority has been implemented since the Indonesian reform politic, central government is still maintaining control over the forest management policy. This article describes decentralization experiences of forest management policy in South Sulawesi. Their impacts followed by some suggestions are also outlined. Key words : Decentralization, Forest management, Local Authority, Central Goverment


Author(s):  
Hoolo Nyane

In Lesotho the adoption of the new constitution in 1993 made provision for local development. These constitutional provisions were only operationalised in 1997 through an Act of parliament (Local Government Act 1997). The question of how functions are assigned between the central and local governments has always been an area of dispute. The Act attempted to demarcate the assignments through the Schedules to the Act which embody the functions of local authorities at various levels – community councils, urban councils and district councils. However, local development and service delivery continue by and large to be undertaken by central government despite the demarcation. The purpose of this paper, therefore, is to critically analyse the challenges of assignment of functions to local authorities in Lesotho. The paper contends that as the assignment of functions is integral to decentralisation in Lesotho, intergovernmental relations and assignment of functions should be incorporated into the country’s constitution.


2016 ◽  
Vol 2 (1) ◽  
pp. 74
Author(s):  
Mervete Shala ◽  
Skender Shala

In this paper we have treated supervision and control of local governance in context of fair governance in Republic of Kosovo. Analyse of law framework and European standards of governance autonomy of local self-governance and administrative supervision of local governance. Treating of supervision of local authority governance and the main mechanism of government for legal administrative review of local authority governance and legality as well as the rights of the supervising authority for administrative review of legality of general acts of municipalities. The purpose of this paper is to analyse and tackle the challenges of supervision and control of local government institutions in Kosovo.The mandate and powers of the central government to review the legality of local authorities in the field of enhanced competencies and the legality and appropriateness of their scope of activities of in the field of delegated powers. The challenges of preserving the autonomy of local self-government and local government supervision by the central authorities. One of the challenges of the supervisor in the future will be to supervise and control of municipalities with extended competences (municipalities with Serb majority), shall these municipalities consider requirements to be review the unlawful acts and harmonize them with the applicable legislation in Kosovo. The methodology of the paper will be mixed, such as: as comparative methods, descriptive, requesting explanatory, predictive.


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