Municipal Demarcation Board Future of district management areas (DMAs) Presentation: Hillary Monare: CEO: MDB. Portfolio Committee 21 November 2007

Transcription

1 Municipal Demarcation Board Future of district management areas (DMAs) Presentation: Hillary Monare: CEO: MDB Portfolio Committee 21 November

2 Overview Legal provisions and history of DMAs. Some reasons for initiating the withdrawal of declarations. MDB proposals for the inclusion of DMAs into local municipalities. Timeframes Responses and the way forward. 2

3 Legal provisions No Constitutional provisions for DMAs as such Structures Act, 1998: DMAs may be declared by MDB where it is not conducive to fulfil the Sec 24 objectives (provided for in the Demarcation Act, 1998) for the establishment of a category B municipalities. The section 24 objectives requires that when the Board determines a municipal boundary its objective must be to establish an area that would- (a) enable the municipality for that area to fulfil its constitutional obligations, including- (i) the provision of democratic and accountable government for the local communities; (ii) the provision of services to the communities in an equitable and sustainable manner; 3

4 Legal provisions (iii) (iv) the promotion of social and economic development; and the promotion of a safe and healthy environment; 4 (b) (c) (d) enable effective local governance; enable integrated development; and have a tax base as inclusive as possible of users of municipal services in the municipality. Declarations may also be withdrawn by MDB. Minister and responsible MEC to be consulted when an area is declared or when a declaration is withdrawn.

5 History of DMAs Original policy (for 2000 local elections): Declare deserts and semi-arid areas, State protected areas, and conservation areas as DMAs 25 DMAs declared in 2000 Review policy for 2006 elections: Only national parks/areas of national/international significance 6 DMA disestablished prior to 2006 local elections, but removal of cross boundary municipalities resulted in 2 DMAs for Kruger Park Currently 20 DMAs After 2006 local elections started with policy review. July 2007: Released discussion document on future of DMAs 5

6 History of DMAs Options: 1. Status quo keep current 20 DMA and boundaries 2. Review all to declare national parks and areas of national and international significance 3. Withdraw all declaration and include DMAs in adjacent local municipalities and wards Due to a range of legal and practical problems - which will be referred to in the slides to follow - the MDB prefers the third option. 6

7 Reason 1: Legislation unclear and confusing 7 No reference to DMAs in Constitution: Inclusion in DC areas provided for in Structures Act - an after thought? Criteria: Not conducive to establish local munic in DMA areas, but inclusion in local munic would qualify for compliance to sec 24 criteria Withdrawal Structures Act: declaration takes effect on date of next election. In conflict with sec 23 of Demarcation Act MEC can determine date. Withdrawal of DMA and inclusion in another local munic. (Currently not in a local municipality, but part of DC) More matters pertaining to legislation in other slides

8 Reason 2: Many NP, WHS & TFP never declared as DMAs 8 Table mountain national park (Cape Town Metro) Bontebok national park (DC3) Agulhas national park (DC3) Wilderness national park (DC4) Richtersveld national park (DC6) Namaqua national park (DC6) Mapungubwe national park (DC34) Marakele national park (DC36) Groenkloof national park (Tshwane metro) Robben Island WHS (Cape Town metro) Mapungubwe cultural landscape WHS (DC34) Cape Floral Region Protected Areas WHS (Cape Metro and number of DCs) Vredefort dome WHS (DC40)

9 Reason 3: Legally not possible to declare DMA across international borders Great Limpopo Transfrontier Park International border (Mozambique South Africa & Zimbabwe) 9

10 Reason 3 (cont): Legally not possible to declare DMA across international borders : Ai-/Ais Richtersveld TFP (Namibia & RSA) & RSA Portion of TFP never declared as DMA International border No DMA Never declared 10

11 Reason 3 (cont): Legally not possible to declare DMA across international borders: Kgalagadi TFP International border: RSA/Botswana TFP NCDMA8 11 NCDMA8

12 Reasons 4: Legally not possible to declare DMAs in metro areas. Table Mountain NP Robben island WHS 12

13 Reasons 4 (cont): Legally not possible to declare DMAs in metro areas. TSHWANE: GROENKLOOF NATIONAL PARK 13

14 Reason 5: Mismatch between boundaries of DMA and NP, TFP & WHS DMA -DC3 DMA 14 Bontebok & Agulhas Nat. Parks

15 Reason 5 (cont): Another example of mismatch between boundaries of DMA and NP, TFP & WHS Richtersveld NP (never declared) Namaqua NP DMA 15 Tankwa Karoo NP (Portion of DMA bigger than NP)

16 Reason 6: DMAs may not straddle provincial boundaries while NP may DMADC4 DMA 16 WC/EC: Portion Tsitsikamma Nat. Parks

17 Reason 6 (cont): DMAs may not straddle provincial boundaries while NP may Limpopo/Mpumalanga: Northern portion of Kruger DMA in Mopani/Limpopo. Southern portion in Ehlanzeni/Mpumalanga 17

18 Reason 6 (cont): Declared DMA areas split by provincial boundary NCDMA6 Provincial boundary between WC & NC WCDMA1 18

19 Reason 7: DMA areas are split by boundaries of district municipalities Boundary between DC6 & DC 8 NCDMA8 NCDMA45 Boundary between DC8 & DC45 NCDMA6 NCDMA8 NCDMA7 NCDMA7 Boundaries between DC7 & DC8 19

20 20 Reason 8: Boundaries change from time to time affects spatial stability in municipalities Sizes of national parks change from time to time. Since 1994 total of hectares added to 10 national parks Vaalbos national park was de-proclaimed due to successful land restitution claim. New national park, Mokala, recently opened and planning being done to increase the size from to ha Number of request for changes to municipal/dma boundaries still pending

21 Reason 9: DMA boundaries will in general always differ from NP boundaries due different criteria Boundaries of national parks are there to protect a particular area for conservation reasons The Criteria for DMAs are different namely to have boundaries for an area that does not qualify to be a local municipality. Example: The 2 Kruger Park DMAs are bigger that the Park as adjacent game/nature reserves also form part of the DMA 21

22 Reason 10: Confusion around the performance of powers and functions 22 In a DMA the district municipality has all municipal powers and functions sec 89 Structures Act Defeating the purpose of the division of powers and functions between district and local municipalities. Why then a 2 tier system? Most DCs with DMAs allege they perform certain (not all!) functions in DMAs Picture skew: some perform functions without staff, budget and infrastructure. Other do not perform functions but have staff, budget and infrastructure. Non-local government services in DMAs not addressed.

23 23 Reason 11: Population, equitable share & MIG reasonably insignificant compared to national numbers Population in 20 DMAs affected: 82,143 (National population: ) Voters (2004) in 20 DMAs: 36, 913 (Voters national: About ) Equitable Share for 20 DMAs (2007): 74,502,379 (National allocation: ) MIG for 20 DMAs(2007): 32,467,138 (National allocation: )

24 24 Reason 11 (cont): Population, equitable share & MIG reasonably insignificant compared to national numbers Demarcation Code Province Population Number of households Number of poor households* Poor households with access to services ** Equitable Share 2007 MTEF MIG 2007 MTEF DMA Aberdeen Plain ECDMA10 Eastern Cape 8,254 2,544 1, ,941,083 4,470,715 Mount Zebra NP ECDMA13 Eastern Cape ,809 Golden Gate Highlands NP FSDMA19 Free State ,045 10,436 Sterkfontein GTDMA48 Gauteng 5,781 2, ,044,351 2,293,611 Highmoor/ Kamberg Park KZDMA22 KwaZulu Natal ,807 2,626 Giants Castle Game Reserve KZDMA23 KwaZulu Natal , ,810 St Lucia Park KZDMA27 KwaZulu Natal 6,538 1, ,509,066 4,315,085 Mkhomazi Wilderness Area KZDMA43 KwaZulu Natal , ,105 Kruger Park MPDMA32 Mpumalanga 2,656 1, ,245, ,654 Namaqualand NCDMA06 Northern Cape , ,997 Karoo DMA NCDMA07 Northern Cape 3,175 1, ,732,131 2,054,534 Siyanda DMA NCDMA08 Northern Cape 9,090 3,253 1, ,161,844 4,041,252 Diamondfields NCDMA09 Northern Cape 5,218 1, ,676,406 3,054,080 Kalahari CBDMA NCDMA45 Northern Cape 6,237 2, ,406,653 2,034,360 Kruger Park NPDMA33 Limpopo , ,664 West Coast DMA WCDMA01 Western Cape 4,258 1, ,978,467 1,663,698 Breede River DMA WCDMA02 Western Cape 6,500 1, ,523,325 1,252,895 Overberg DMA WCDMA03 Western Cape ,206 South Cape DMA WCDMA04 Western Cape 14,594 3,558 1, ,615,327 3,894,033 Central Karoo DMA WCDMA05 Western Cape 6,184 1, ,061,696 1,338,568 Total 82,143 26,494 9,509 4,229 74,502,379 32,467,138 Note: * Households earning less than R800 per month ** Households with access to water, sanitation, electricity and refuse removal

25 25 Reason 12: Not many local municipalities will be affected, but number can change due to inputs by stakeholders. District Municipalities Local Municipalities Province Western Cape 5 10 Northern Cape 5 12 Eastern Cape 2 6 Free State 1 1 KwaZulu Natal 4 9 Mpumalanga 1 2 Limpopo 1 2 Gauteng 1 1 North West 0 0 Total 20 43

26 Reason 13: Electoral system unnecessarily complicated Electoral system for local government: PR & ward Special system for DMAs: 2 PR votes 26

27 27 Reason 14: Registered voters in DMAs minimal and can easily exercise right to vote in local municipalities Only 7 of the 20 DMAs have more than the minimum number of voters per ward in adjacent local munics Only 1 DMA has more than the max number of voters per ward. 3 DMAs less that 100 voters 3 DMAs voters 2 DMAs voters 1 DMA voters 2 DMAs voters 6 DMAs voters 3 DMAs more than 3000 voters

28 Reason 14 (cont): Registered voters in DMAs minimal and can easily exercise right to vote in local municipalities DISTRICT MUNICIPALITY NO OF REGISTERED VOTERS IN DMA (2004) Cacadu District Municipality (DC10) 2190 Chris Hani District Municipality 35 Thabo Mofutsanyane District Municipality (DC19) 153 Westrand District Municipality (DC48) 2032 umgungundlovu District Municipality (DC22) 67 Uthukela District Municipality (DC23) Umkhanyakude District Municipality (DC27) 5937 Sisonke District Municipality (DC44) 466 Mopani District Municipality (DC33) 852 Ehlanzeni District Municipality (DC32) 2556

29 Reason 14 (cont): Registered voters in DMAs minimal and can easily exercise right to vote in local municipalities 29 DISTRICT MUNICIPALITY NO OF REGISTERED VOTERS IN DMA (2004) Namakwa District Municipality (DC06) 536 Pixley Ka Seme District Municipality (DC07) 1250 Siyanda District Municipality (DC08) 2700 Frances Baard District Municipality (DC09) 1487 Kgalagadi District Municipality (DC45) 3215 West Coast District Municipality (DC01) 1975 Cape Winelands District Municipality (DC2) 2540 Overberg District Municipality (DC03) 83 Eden District Municipality (DC04) 5686 Central Karoo District Municipality (DC05) 2900 Voter s data: IEC 2004: Division of national common voters roll

30 Reason 15: Councillor: voter ratio a concern Represent geographic areas but voter weight per councillor differs DMA PR councillors serve, as ward councillors, a defined geographic area Why can DMA voters not vote for a ward candidate? Currently major discrepancies between voter weight of PR/Ward councillor eg. Report provides full details (p 52-59) Kruger Park has even 2 councillors Councillor : voter ratio a concern eg - DMA in Overberg DC: 83 voters. Ward norm in Cape Agulhas 2749, and in Swellendam DMA in Umkhanyakude (DC27): Ward norm in Jozini 3522, The Big Five False Bay 2969; Hlabisa 3607 & Mtubatuba KZNDMA22 Highmoor/Kamberg Park in umgungundlovu: 67 voters in DMA. Ward norm in umngeni 3207 and in Mooi Mpofana 3427

31 WC Proposal: DC1:Proposed inclusion of the Upper northern portions of WCDMA01, west of N7 national road, and the portion east of N7 into Matzikama, inclusion of Eastern portion of WCDMA01 into Cederberg (WC012); and the lower southern portion of WCDMA01, west of the R27 main road into Saldanha (WC014). DC1 31

32 WC Proposal:DC2:Proposed inclusion of the upper northern portions of WCDMA02, north of Breede Rivier town into Witzenberg (WC022); the northern portion of WCDMA02, north of the N1 national road into Breede Valley (WC025) and lower portions of WCDMA02, east of the Waterval Straatbos town, and the portion east of Montagu town into Breede River/Winelands (WC026) DC2 32

33 WC Proposal: DC3: Proposed inclusion of southern portion of WCDMA03 south west of R324 Swellendam (WC034) and southern remaining portion of WCDMA03 east of R313 into Cape Agulhas (WC033) DC3 33

34 WC Proposal: DC4: Proposed inclusion of the eastern portion of WCDMA04 east of the R339 into Bitou (WC074); the middle southern portion of WCDMA04 south of the Kammanassie river into Knysna (WC048); the western portion of WCDMA04 west of the Meul river into George (WC044); and the northern portion of WCDMA04 west of the N9 into Oudtshoorn (WC045) DC4 34

35 WC Proposal DC5: Proposed inclusion of WCDMA05 into Beaufort West (WC053). DC5 35

36 NC DC6: Proposed inclusion of the upper north western portions of NCDMA06 into Khai-Ma (NC067); the eastern portion north of the R63 main road, into Karoo-Hoogland (NC066) and the lower southern portion, north of Takwa river, into Hantam (NC065). DC6 36

37 37 NC DC7: Proposed inclusion of the lower southern portion of NCDMA07 into Siyathemba (NC077); and the remaining upper portion into Siyancuma (NC078).

38 NC DC8: Proposed inclusion of the upper northern portion of NCDMA08, north of the R38 into Mier (NC081); the portions of south west of N10 into Kai! Garib (NC082); the north eastern portion, south of the R31 main road, and the portion of the west of the R360 into //Khara Hais; the eastern portions, north of the N12 main road, and the portion south of the N12 into Tsantsabane (NC085); and the remaining lower southern portion of of the R27 into!kheis. 38

39 39 NC DC9: Proposed inclusion of whole NCDMA09 area into Dikgatlong (NC092).

40 40 NC DC45:Proposed inclusion of the western portion of NCDMA45, west of the R360 into Gamagara (NC453) and the remaining portion east of the R360 into Moshaweng (NC451).

41 41 EC: DC10 Proposed inclusion of the western portion and the eastern portion into Sunday s River Valley (EC106), the south western portion, and the lower southern portion into Camdeboo (EC101); the north western portion into Blue Crane Route (EC102); and the lower southern portion into Koukamma (EC109)

42 42 EC DC13: Proposed inclusion of the western portion of ECDMA13 into Inxuba ye Themba (EC131); and the eastern portion into Tsolwana.

43 43 FS DC19: Proposed inclusion of FSDMA19 into Maluti a Phofung Local Municipality (FS194)

44 44 KZN DC22: Proposed inclusion of DMA into Mpofana Local Municipality (KZN223)

45 45 KZN DC23: Proposed inclusion of the upper western portions and the southern portion into Okhahlamba (KZN235); and the remaining lower south western portions into Imbabazane (KZN236)

46 46 KZN DC27: Proposed inclusion of southern portion east of R22 into Umhlabuyalingana (KZN271); the western portion west of R22 road into Jozini (KZN272); the eastern portion east of R22 into the Big Five False Bay (KZN273); the western portion west of N2 into Hlabisa (KZN274), inclusion of the eastern portion east of the N2 into Mtubatuba (KZN275).

47 47 KZN DC43: Proposed inclusion of KZNDMA43 into Kwa Sani Local municipality (KZN432)

48 48 MP DC32: Proposed inclusion of northern portion of MPDMA32 north of Sabie river into Bushbuckridge (MP325) and southern portion of MPDMA32 south of Crocodile river into Mbombela (MP322)

49 49 LIM DC33: North of Olifants River up to Byashishi and Dzombo rivers to Ba-Phalaborwa, and remaining portion to Greater Giyani.

50 50 GT DC48: Proposed inclusion of GTDMA48 into ward 23 of the Mogale City (GT481)

51 Timeframes to finalise before ward delimitation for 2011 local elections July-Nov 2007 Report sent to all the stakeholders and commencement of consultation with affected municipalities, MECs, Minister of the DPLG, SALGA, etc 51 Dec 2007 January 2008 January-February 2008 February 2008 March 2008 March-April 2008 April 2008 May 2008 June 2008 July 2008 July 2008 Aug 2008 Board decisions on future of DMAs Publication of section 26 notices in terms of the Demarcation Act, and section 6 of the Municipal Structures Act if necessary. Period for submissions, analysis and consideration of views (sections 24 and 25 refers) and representations received in terms of section 26 of the Demarcation Act. Board to consider all the submissions received in terms of section 26 and decide whether to approve the redetermine and publish section 21 notices for objections. Publication of section 21 notices inviting objections. Period for submissions, analysis and consideration of all objections (sections 24 and 25 refers) and representations received in terms of section 21 of the Demarcation Act. Board meeting to consider sec 21 objections, approve sec 21(5) notices. Finalise outer boundaries of municipalities section 21(5) notices published before the elections and IEC informed IEC publishes all outstanding sec 23 notices MECs publish all outstanding section 23 notices MEC publish notices in terms of section 12 and/or 17 of the structures Act. Municipal boundaries provided to IEC to start preparing for the elections.

52 52 Responses & Way forward Workshops held in all provinces with DMAs Most stakeholders not ready to make final inputs during workshops General support for inclusion of DMAs in local municipalities However, some requested status quo and a number recommended alternative boundaries Board to consider inputs on 6 December 2007 Notice to invite objections within 30 days published in December 2007/January 2008 Close legal process in May 2007 & hand to IEC for voting district alignment. New boundaries become effective on date on next local elections.