Technical Review - localgovt

CHAPTER XIV - LOCAL GOVERNMENT

Section 146	The marginal note reads
"Functions of Local government authorities".	The section, however, is wider in scope than just providing for functions. In the first place it establishes local government authorities, lays down general principles to guide performance of their functions and for their composition. The marginal note would read more correctly simply as-
"Local government authorities"
Section 147	This section provides for the actual composition of local government authorities. It states that they shall consist of local government officers elected through free, secret and equal suffrage. To refer to these elected persons as officers of the local authorities confuses them with officers employed within the establishment of the authorities. It is recommended that the proper terminology would be to refer to them as "members of local government authorities".
Section 149 (2) Paragraph (b)	The word ", Assembly," should be deleted. It has no relevance in this section.
In paragraph (e)	Reference to "that Minister" is to the "Minister of Finance". It would be all the more clear so to specify.
Section 150	This section aims to guarantee adequate funding for local government functions and states, in part, that a local government authority is to be allowed to retain "such proportion of the revenue collected by that authority as shall be prescribed by the National Local Government Finance Committee.". This wording suggests that it may not be always that a local authority may be allowed to retain all its revenues. The section, however, does not specify where the rest of the revenue shall be directed. It is recommended that the section should require that any surplus revenue of a local authority be paid into the Consolidated Fund. The section could be amended very simply by adding, to the end, the words-
	"and any surplus of the revenue shall be paid into the Consolidated Fund".

Section 151 (1)	This section spells out the composition of the National Local Government Finance Committee which has been established under section 149 as the body to consider and determine budgetary requirements of local government authorities. The section states that membership of the Committee shall be-
	"(a) one person who shall be nominated from time to time in that behalf by a caucus of local government authorities; (b) the Principal Secretary for Local Government; (c) one person who is a professionally qualified and practising accountant appointed by the Public Appointments Committee on the recommendation of the Minister responsible for Local Government; (d) the Chairman of the Civil Service Commission or such member of that Commission as shall be nominated by the Chairman from time to time in that behalf; (e) one person who shall be nominated from time to time in that behalf by the Electoral Commission.". With regard to paragraph (a), there is need to specify the body or authority that is to convene the caucus and the timing for holding the caucus since the likely intention is to link the member under this paragraph to the life of local government authorities. With regard to paragraph (e), the likely intention is to require the Electoral Commission to nominate one of its members. The paragraph should expressly say so as has been done in paragraph (d). It will also be necessary to address the question of co-ordination of the activities of the National Local Government Finance Committee. An Act of Parliament needs to be developed to make detailed provisions for the functioning of the Committee.
Subsection (2)	The grammar is incorrect in some parts. There is need to insert the word "such" before the word "as" and to delete the word "by" appearing before the word "Chairman".