The Local Government Commission

Mar 27, 2016 APNU Column, Features / Columnists

Guyana’s Constitution was revised in 2001, thereby strengthening the role of local democracy. New constitutional provisions came into being guaranteeing the authority and independence of local democratic organs which include the nine municipalities and sixty-five neighbourhood democratic councils.
The Local Government Commission – provided for under article, 78A – stated : Parliament shall establish a Local Government Commission, the composition and rules of which empower the commission to deal with as it deems fit, all matters related to the regulation and staffing of local government organs and with dispute resolution within and between local government organs.
Parliament’s intention was to reduce the influence of the central government by placing the oversight of local democratic organs under the purview of a Commission and not a government Ministry. The objective was to allow for the management of towns and communities, free from central government’s control which in the past frequently proved oppressive or suffocating. Citizens, in this way, were expected to play a more meaningful role in addressing local issues and solving local problems.
The Bill to enable the establishing of the Commission was eventually passed in the National Assembly in August 2013 and subsequently received Presidential assent. This Commission will soon be established. The Commission’s functions, outlined at clause 13. (1) of the Act, are as follows;
The Commission shall have power to deal with all matters relating to the regulation and staffing of local government organs including employment and dismissal of staff and with dispute resolution within and between local government organs, and in particular shall –
(a) monitor and review the performance and implementation of policies of all local government organs, including policies of taxation and protection of the environment;
(b) monitor, evaluate and make recommendations on policies, procedures and practices of all local government organs in order to promote effective local governance;
(c) investigate any matter under its purview and propose remedial action to the Minister, whenever or wherever necessary;
(d) monitor and review all existing and proposed legislation, and or policies and measures relating to local government organs and to make recommendations for any legislation or any amendments to any legislation and or policy to the Minister;
(e) examine and propose ways of enhancing the capacity of local government organs.
The Commission,once established, will take over most of the current oversight role exercised by the Ministry of Communities. The Ministry, therefore, will no longer have the ability to degrade the capacity of local government organs which will now be able to exercise executive authority in keeping with the autonomy guaranteed by the constitution.
The Commission will oversee not only municipalities and NDCs but also Regional Democratic Councils as well as Amerindian Villages. The Act states, at Clause 13. (5):
In the discharge of its functions the Commission shall have regard to the provisions of the Municipal and District Councils Act (Cap. 28:01), the Local Government Act (Cap. 28:02), the Local Democratic Organs Act (Cap. 28:09), the Amerindian Act (Cap. 29:01), and any other provisions bearing on matters of local government.

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The Local Government Commission

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