The Local Government Framework For South Sudan PDF

ake the Towns to the People
THE LOCAL GOVERNMENT FRAMEWORK FOR SOUTHERN SUDAN

October 2006
The Local Government Framework for Southern Sudan
Table of Contents
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Glossary
Body corporate
Body having perpetual succession and a common seal, with power to acquire and hold movable and immovable property, and transfer any property held by it, and enter into any contract and may sue and be sued in its name An intermediate tier area of administration in a Municipality between the Municipal Council and the Quarter The lowest level of local govt. A Chiefs area Official statement of income and expenditure for a financial year Supplementary laws made by local governments under the Local Government Act County Council, City Council, Municipal Council or Town Council as an entity comprising both the elected council and the executive Member of elected Council Primary level of Local Government below the State Conferment under the Local Government Act by the Government of its administrative and financial authority for the management of specified offices of the Government to the local governments Conferment under this Local Government Act by the Government of its political decision making authority for the management of specified powers and functions of the Government to the local governments Physical transfer of government staff from one level to another with only limited delegated powers to carry out instructions received from the higher level. This does not confer the authorities similar responsibilities to those of decentralization or devolution. Famine, flood, cyclone, fire, earthquake, drought, and damages caused by force majeure Elected members of the council
Block Boma Budget By-laws Council
Councillor County Decentralization
Devolution
Deconcentration
Disaster Elected Council
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Elector GoSS Mal-administration
A person whose name appears on the electoral rolls prepared by the Government Government of Southern Sudan A decision, process, recommendation, act of omission or commission which is contrary to the law, rules or regulations or is a departure from established practice or procedure; or perverse, arbitrary or unreasonable, unjust, biased, oppressive, or discriminatory; or based on irrelevant grounds, neglect, inattention, delay, incompetence, inefficiency and ineptitude, in the administration or discharge of duties and responsibilities or delivery of civic duty. Elected member of a Council Group of streets, lanes or roads, designated by Municipal Administration or Town Administration to be a Neighbourhood; Intermediate administrative level of Local Government between the County and the Boma. Electoral sub division of a City, Municipal or Town Council. Includes any cess, fee, rate, toll or other impost leviable under the Local Government Act Local area notified by the County Government to be an incorporated area with the right to establish a local government
Member Neighbourhood
Payam Quarter Tax Town
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Executive Summary
he Local Government Framework for Southern Sudan was developed through five draft versions by a Local Government Technical Team under the Chairmanship of the Commission for Local Government, Judiciary, Legal Affairs and Law Enforcement Agencies, and adopted by the newly created Local Government Board with the intention to serve as:
The vision for local government in Southern Sudan; The basis for consultation and negotiation of the systems, structures and functions of local government authorities with the GoSS, local communities and external agencies; The policy guidelines of a Local Government Act for Southern Sudan; The guide for international donors and NGOs operating in Southern Sudan through recovery and development programmes to ensure they involve local government authorities in the planning and implementation of their projects.
In view of the SPLM/A commitment to decentralisation and the current vacuum of a legal status of local government, the Local Government Board undertook the task of reviewing the five drafts of the Local Government Framework in order to determine and recommend policy measures that would redress the current situation and set up a new system of local government in Southern Sudan. Through the consultation process and dialogues that resulted in the five drafts it was established that: 1. The people of Southern Sudan demand self rule for self governance. This requires the devolution of authority to a level of government closest to the people; 2. Experiences of other African countries show that the enshrinement of local government into the national constitution is a necessity but is not sufficient in itself unless the relevant types of local government policies, legislation and laws are enacted to provide the enabling basis for organisation of local government authorities; 3. Two parallel systems of government have been established at the community level in Southern Sudan with both statutory and traditional authorities. The traditional authorities, although having the recognition of the people, have been marginalised over the years. Any system of local government developed for Southern Sudan must recognise the traditional authorities and incorporate their mechanisms in order to be responsive and successful; 4. Any model of local governance that will be established in Southern Sudan without a system of planning and programming will fail. Therefore the establishment of planning units in all counties should involve stakeholders in deciding the priorities of their community; 5. The development of fiscal decentralisation systems is key to the viability of local authorities. This requires the assignment of sources of revenue by law, as well as the political will to allocate a determined percentage of national revenue to local government; and
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6. Democratisation of local government through the establishment of universal suffrage for local elections, and the maintenance of checks and balances to ensure transparent, accountable and responsive practices in local governance. The recommendations of the Local Government Board for the establishment of a local government system for Southern Sudan are as follows: Local Government Councils will be organised by the GoSS through a Ministry of Local Government, and by States through State Ministries of Local Government; Local Government Councils will be corporate bodies with the right to sue and be sued in a court of law; There will be two types of local government authorities : Urban authorities comprised of Town, Municipal and City Councils. Rural authorities comprised of Counties, which are sub-divided into Payams (coordinative units) and Bomas (basic units of local governments). 83 Local Government Councils will be established across Southern Sudan : 70 Counties, 1 City Council for Juba, 9 Town Councils for all State Capitals excluding Central Equatoria, 3 Town Councils in the Counties which have assumed Town status. The Local Government Authorities will consist of local legislative, executive and customary judicial organs. Each Council will be headed by an elected political office bearer: a Mayor for the City and Municipal Councils, a Town Clerk for Town Councils, and a Commissioner for County Councils. Local government authorities should be funded by a mixture of locally raised revenues and grants from the GoSS and donor agencies. Financial transparency and expediency are central to the success of local government. Local Councils should adopt planning systems, which involve the participation of communities, for the preparation of council plans and programmes. Traditional authorities shall be engaged as local government institutions in issues affecting local communities. The Boma, as an integrated basic administrative unit of local governments, shall be the domain of the traditional authority, with the Chief/Executive Chief holding the position of Boma Administrator.
In the interim period prior to the local elections, the Board recommends the following establishment arrangements: 1. Consolidation of the present number of Counties pending the enactment of the Local Government Act through which relevant mechanisms will be set for the determination of viable local government authorities. 2. Categorisation of the existing Counties into Urban and Rural Councils, to ensure that each type of local authority assumes the performance of its respective functions until they are confirmed by law. 3. Classification of local authorities into four grades according to the current levels of their development for the appropriate assignment of interim functions and the equitable allocation of resources. The four grades recommended are: Grade A Grade B Grade C Grade D Local authorities established in former Town Councils Local authorities established in the former District headquarters and are now State capitals or fast growing towns Local authorities in the former Area Councils and have existing but ruined infrastructure Newly created local authorities, some of which lack basic infrastructure
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4. Formulation and drafting of the Local Government Act and other requisite rules and regulations. 5. Formulation of a policy document establishing local governments, which is expected to be adopted by the Cabinet. 6. Creation of a Ministry of Local Government at the GoSS level or the assignment of executive functions and powers to the Local Government Board to lead all aspects of the establishment of local governments in Southern Sudan. In view of the importance of the Local Government Act to direct the establishment of local governments in Southern Sudan, the Local Government Board will make every effort to make the Act available as soon as possible.
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Introduction
1.1. SOUTHERN SUDAN
he territory of Southern Sudan comprises the areas that constituted the former Southern Provinces of Bahr-El-Ghazal, Equatoria and Upper Nile as they stood on January 1, 1956. In size, the area of Southern Sudan is 250,000 sq miles (or 640,000 sq kilometres) and covers one third of the country. It has a population of approximately 10 million people, 7.5 million of whom currently live in the South while the remaining 2.5 million live elsewhere or abroad as Internally Displaced People (IDPs) or refugees. Southern Sudan has a low population density and the population of Bahr-el-Ghazal is slightly higher. According to the 1983 National Population Census of the Sudan, 75% of the total population of the South live in rural areas while 25% are found in urban areas, and 75% are illiterate.
The people of Southern Sudan are predominantly Nilotics (80%), while Bantus and Sudanic ethnic groups constitute about 20% of the population. Southern Sudan is an all embracing homeland for its people and others who are multi-ethnic, multi-cultural, multi-lingual, multireligious and multi-racial entity where such diversities peacefully co-exist. The economy of Southern Sudan is largely a subsistence economy predominated by the agricultural sector, followed by trade and commerce, and it has many niches of national resources such as oil and minerals. According to the World Bank, the average population lives on less than one dollar a day. This gives a clear indication of the level of poverty and inadequacy in basic services delivered to the people. Southern Sudan is governed on the basis of decentralization. Its territory consists of ten States (Northern Bahr el Ghazal, Western Bahr el Ghazal, Warrap, Lakes, Western Equatoria, Central Equatoria, Eastern Equatoria, Jonglei, Upper Nile, and Unity) with an approximate population of one million people per state. Each State shall be divided into 7 to 10 local government authorities given a population range of 100,000 to 150,000 people per local authority, in accordance with a local government legislation due for enactment by the Southern Sudan Legislative Assembly. The total number and the boundaries of each local government authority shall be determined according to a criteria approved by the Southern Legislature. The 39 years of civil war in the Sudan (1955-1972 and 1983-2005) have caused enormous social, economic, cultural, infrastructure and environmental destructions, particularly in Southern Sudan. The various types of local government systems set up since the formal independence in 1956 were never stable due to frequent changes of administrations and types of governments,
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ranging from Secular through Socialist to Islamic regimes, and were finally brought to a halt in 1983 at the break of the second civil war when the majority of skilled human resources joined the SPLA, while the others left as refugees or IDPs. With its commitment to reform, the Movement convened a National Convention in 1994 in Chukudum during which the SPLM/A resolved to set up a civil administration and develop its structures based on a decentralized system of government with special emphasis on formal separation of the civil from military administration (resolution 18.2.0 and 18.2.1). Two years later, the SPLM/A organized a conference to define the relationship between the civil society and newly Created Authority of the New Sudan (CANS). In his opening address to the conference the Chairman of the SPLM/A, Dr. John Garang De Mabior declared that: The most important task and challenge facing the Movement today is the establishment of an effective, democratic, participatory and accountable civil authority, the central purpose of which is empowerment of the civil population to become productive and the driving force of our struggle. Based on the proceedings of the National Convention and the conference on civil administration, the CANS were set up as follows: Boma (small administrative unit or village); Payam; County; Region and Central Authority. However there was neither a legal framework nor adequate financial and human resources to support such an elaborate structure. The progress or success of these structures in practices of governance was further impeded by weak physical structures devastated by the war. The administrative system overall was therefore inefficient, ineffective and therefore unaccountable. There were many constraints which contributed to this unfortunate situation including staff working on a voluntary basis and the overriding impact of the war on the civil administration. In August 2003, Cdr Daniel Awet Akot, the Chairman of the Commission for Local Government, Judiciary, Legal affairs and Law Enforcement Agencies appointed a focal point team on local government and civil administration to coordinate with UNDP and other donor agencies, the development of government structures in the interim period. The overall mandate of the team was to develop a framework for the establishment of a stable local government and civil administration in Southern Sudan. In December 2003, Cdr. Daniel Awet Akot also appointed a technical team of the SPLM Local Government Secretariat to continue developing a local government framework for Southern Sudan. The local government framework was developed through five drafts, culminating in the sixth and final draft, which was adapted by the Local Government Board. The first five drafts were intended to address various thematic issues on the current system of local government administration in order to develop new concepts for Southern Sudan. The task of the local government technical team was to establish and recommend a relevant system of local government which would be suitable to the specific situation of Southern Sudan. This was done by conducting workshops, field studies, study tours, and consultative meetings with local government experts, civil society stakeholders and the members of sectoral ministries of the CANS.
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1.2.
HISTORICAL PERSPECTIVE OF LOCAL GOVERNMENT IN SOUTHERN SUDAN
Southern Sudan has a rudimentary system of local government that evolved from many different models from 1821 to 2006. Local government councils in Southern Sudan grew from two provinces, namely Equatoria and Upper Nile (1821), which were later subdivided into three by splitting Equatoria into Equatoria and Bahr EL Ghazal provinces, and further split in 1976 into six provinces, Jonglei, Upper Nile, Bahr El Ghazal, Lakes, Western and Eastern Equatoria. The same provinces were amalgated in 1983 into three regions, Equatoria, Bahr El Ghazal and Upper Nile, and subdivided again in 1994 into ten States. All this period has sadly witnessed the over-centralization of authority, powers, and service delivery by the central government in Khartoum, and the under-development of Southern Sudan. Sudanese people from both the North and the South lived under a highly centralized system of direct rule for 130 years under the two colonial regimes of the Turko-Egyptian rule (1821-1898) and the Anglo-Egyptian rule (1899-1955). They experienced different forms of decentralisation for 55 years before and during the Sudan post-independence period (1951-2006). Despite this experience in decentralization, the majority of Sudanese people remained poor, illiterate and under-developed, especially in the South, West and East. During the same period, Sudan experienced a protracted civil war that devastated the South and its inhabitants, rendering the concept of decentralization meaningless as national experience to be proud of, except for the wealth of knowledge gained in the variety of forms of decentralized government. Until 1975, Southern Sudan had 24 local government councils, of which 21 were rural councils and 3 were town councils. These councils were simply administrative units of provinces exercising deconcentrated and delegated powers to maintain law and collect revenue on behalf of the provincal authorities. In 1981, these local government councils were divided into 48 area councils, to which local government power authority was devolved, and thus became the level of government the closest to the people. Between 1983 and 2005, these local councils proliferated to the present number of 79. During the same period of time, power and authority were withdrawn from garrison town councils and given to States under the 2003 Local Government Act. The ones in the SPLM/A liberated areas were maintained without any legal status due to the war situation. Whichever option for decentralization of authority and power the Government of Southern Sudan opts for, will be rendered meaningless as long as these previous experiences are not taken into account in the processes of designing a new system of local government and a new legislation for Southern Sudan.
1.3.
SOUTHERN SUDAN EXPERIENCE WITH DECENTRALISATION
As an entity within the Sudan, Southern Sudan has experienced various types of decentralisation processes during the 50 years of the independence of the Sudan. These took the forms of delegation, deconcentration of power and devolution of authority. Delegation is a routine exercise of the functional assignment of duties to subordinate institutions acting on behalf of the centre. Deconcentration is the transfer of power (not authority) from a central government unit to its agencies at sub-national and community levels of government. Devolution is the transfer of authority through constitutional provision from a central authority to sub-national and community levels of government.
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Deconcentration of Power (1951-1971) With the announcement of independence in 1956, the Sudanese government adopted a deconcentrated system of transfer of power from the central government in Khartoum to local governments based in the nine provinces, including the three provinces of Southern Sudan (Bahr el Ghazal, Equatoria and Upper Nile). Each of these provinces was sub-divided into a number of local government units, known as rural councils in rural areas and municipal or town councils in urban areas. These councils exercised delegated powers from Provinces, which exercised themselves deconcentrated authority from Khartoum. For some local councils, people had little or no participation in ruling themselves. Devolution of Authority (1971- 2005) The Sudan experienced four systems of devolution of authority: 1) Devolution to local government authorities (1971 to 2003) 2) Devolution to regional government authorities (1972 to 2002) 3) Devolution to State authorities (2003 to 2005) 4) Devolution to federal authorities (2005 to 2006) Under the communist regime from 1970 to 1985, the Sudanese government devolved authority from the central government to local governments in the Province Executive Council (PEC) between 1971 and 1980. However, power was vested in the Provincial Commissioner whose mandate was the political orientation of the people of the Sudan towards the ideology of the Sudanese Socialist Union with less commitment to service delivery and local development. With the failure of the communist system, the authority of local governments was further devolved to Area Councils in 1981 : to a community level of government in rural areas, and to municipal and town councils in urban areas. These authorities enjoyed greater autonomy for elected councils who presided over the Peoples Local Government Councils in the processes of local policy making and the supervision of the executive functions. Following the signing of the first peace agreement in Addis Ababa in 1972 between the Sudanese government and the Anyanya Freedom Fighters (AFF) of Southern Sudan, the central government devolved authority to the regional government of Southern Sudan. The regional government exercised legislative and executive authority without judicial authority until 1983. The regional governments experience in Southern Sudan led to further devolution of authority from the central government to regional governments in Northern Sudan. However, unlike the greater measure of secular authority enjoyed in the South from 1972 to 1980, all the regional governments of the Sudan were in most cases directly ruled from Khartoum. With the coming to power of the Islamic regime from 1989 to 2005, Islamic Sharia law authorities were devolved with reduced legislative, executive and judicial authority. Powers were vested on the State Governor (Wali), upon whom religious and political powers were conferred. In the practice of governance, the Wali delegated State powers to the local government councils, which diminished over time as the councils became non-functional. Local government systems disintegrated and services were poorly provided to the people. The Comprehensive Peace Agreement (CPA) signed in 2005 introduced a federal system of government of One Nation, Two Systems, with four levels of government: The Government of National Unity (GNU) The Government of Southern Sudan (GoSS) State Governments Local Governments
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Each of the three upper levels of government in the Sudan has its own constitution. The local government authorities are devolved through GNU legislature to the councils in the North and through the GoSS legislature to the councils in the South. 1.4. LOCAL GOVERNMENT IN SOUTHERN SUDAN TODAY
While international standards and norms for the practice of local governance are admitted, local government institutional arrangements, structures and systems are designed according to the specific political environment, socio-cultural situation and national institutional arrangements of a country. With this view in mind, and given the fact that there is no ideal institutional system, the new model of governance of Southern Sudan has to be designed, created and established in the context of post-conflict circumstances. The functional operations of the newly established institutions have to be judged in regard to their capacities to deliver public goods and services to the citizens, in consideration of the needs of the people. The existing post-conflict situation in Southern Sudan provides for a federal system of government with three levels: GoSS, State and Local Government. Government Level 1 2 GOSS State Local Government Local Government Institution Local Government Board State Ministries of Local Government and Law Enforcement Local Government Councils Number 1 10 Responsibility Corporate policy making, Legislation and regulation Functional policy making, Legislation, regulation and Coordination. Service delivery planning, Programming and implementation.
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Local Government Board The Local Government Board is constitutionally established as an advisory body to the President of the GoSS on local government affairs, according to article 173(2) and (3) of the Interim Constitution of Southern Sudan (ICSS). The intention was to create a platform of dialogue for the future creation of the Ministry of Local Government at the GoSS level. It has no executive authority and power to enforce law. However, the Local Government Board was given a ministerial status and is therefore entitled to formulate policies, bills, laws and legislations to be submitted to the Southern Sudan Legislative Assembly for enactment. The Local Government Board has the overall responsibility of the corporate organization of local government at all levels. This task involves the following: (a) Adoption of local government policy framework to guide the formulation and promulgation of all local government national legislations at GoSS level. (b) The preparation of the draft for the formulation and enactment of the Local Government Act for Southern Sudan. (c) Proposing modalities for the determination of the number of local government councils based on acceptable criteria. (d) Proposing the formation of a local government boundary commission to identify and delineate the boundaries of each county. (e) Issue of warrants for the establishment and creation of approved councils by the Legislative Assembly of Southern Sudan.
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(f) Setting national standards for the recruitment, training, management and performance appraisal of local government staff. (g) Reviewing local government sources of revenue and recommending relevant models for local government grant allocation and disbursement to ensure that each local authority has sufficient revenue to be viable. (h) Adoption of national models for local government planning, resource management, service delivery and local development programming. (i) Determination of appropriate transitional arrangements and mechanisms that are required for the smooth transformation of the local government councils from their present rudimentary stage to integrated modern local authorities in Southern Sudan. (j) Adoption of common norms and values to encourage local government administration to be more responsive to the people, pragmatic in service delivery and pro-active in advancing the course of local development. (k) Providing patronage to the local government councils in guarding against unnecessary State interference into local government affairs and any possible misuse of State authority in the supervision of local authorities within its jurisdiction. State Ministries of Local Government There are 10 States Ministries of Local Government in Southern Sudan, one in each State. They do not have uniform titles but do combine local government and law enforcement functions that they hold in common. Their powers and competences are ascribed to the coordination of service delivery. While the provision of services and public goods are performed by local councils, States Ministries of Local Government are in charge of inspecting and supervising them. Therefore the responsibilities of the State Ministry of Local Government are centred on functional policy-making and on legislation at the State level, so as to effectively coordinate service delivery functions at the local government levels. State Policy and Legislation on Local Government Constitutionally, States have statutory authority and reserve the right to promulgate policies and legislations for the functional organization of local government activities within their own jurisdictions. States mandate entails the following responsibilities: (a) The formulation of directives for sectoral policies to guide the organisation of local government councils functions. (b) The adoption by the State of integrated institutional planning arrangements to harmonise the State and local government plans and programs in order to avoid duplication. (c) The development of State framework for effective coordination of local government councils affairs between State Ministries and local authorities, and between local authorities and local community institutions. (d) The organisation of State periodic transfers of local government administrators and departmental senior staff in the general list from one county to another within each State, in line with Local Government Boards guidelines. (e) The organisation of State financial schedules for periodic disbursement of grants from the State Treasury and making similar arrangements for the internal and external audit of the local authorities accounts. (f) The organisation of inter-county fora for the building of local coalitions between the local authorities, civil society organisations, the private sector and community-based organisations to foster good relations amongst one another for full participation in service delivery. (g) The organisation of routine field visits by State authorities to the counties to inspect, monitor, appraise and evaluate local authorities operations and staff performances, so as to ensure effective service delivery to the people and progress in local development activities.
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(h) The adoption at the state level of human resource management systems, through which local government staff are effectively supervised and disciplined in accordance with public service rules and regulations. (i) The organisation and sensitization of the local population of the counties in their preparation for local elections according to the national or GoSS election rules and regulations. (j) The organisation and sensitization of the local population of the counties to prepare themselves for full participation in the national population, economic and natural resources Census according to national or GoSS rules and regulations. State Coordination of Local Government Affairs State Ministries of Local Government are responsible for coordinating local government affairs, delivery of services and rule of law activities, and for creating an enabling environment for local authorities to perform their functions in an effective and responsive manner. While local government authorities are in charge of preparing local development plans and implementing them at the local level, State Ministries of Local Government are responsible for integrating those development plans into each overall State plan, and for supervising their implementation on the ground. State authorities also have to report to their respective State governments on the progress of work of local authorities during the implementation process of their development plans. The enforcement and management of rule of law services (police, prisons, fire fighting and wildlife) within States are directly carried out at the local government level and coordinated at the State level by State Ministries of Local Government who also provide sectoral guidance and regulation. State Local Government Functions As a sub-national level of government and in the context of the federated Southern Sudan today, the State has the statutory responsibility to perform those local government functions previously performed by the Province Executive Council (PEC) under the 1971 Local Government Act. Constitutionally, the State government has the competence for the discharge of the secondary service functions of local government as prescribed in schedule C of the Interim Constitution of Southern Sudan. The State government has the authority to provide secondary education, health, public works, water, agricultural extension services and security services. Each State government needs to plan accordingly and program the establishment, development, construction and maintenance of secondary schools, hospitals, water supply plants, inter-county road networks, and agricultural training centres. Though these services are provided by State authorities within the territorial area of the local government councils, the local authorities have shared responsibilities in the inspection, supervision and coordination of these local government functions performed by the State government. For practical expediency, the State authorities will need to establish State institutions within each local council and develop appropriate administrative mechanisms through which State staff will work under the guidance of the County Commissioner or the Mayor. Currently such arrangements do not exist but will have to be implemented in order to ensure effectiveness in the secondary service delivery and give the people their right to a say in the development processes of these services and their right to participate in service provision, monitoring, and evaluation stages to ascertain the progress in the delivery of services to their communities. Concurrency in State/Local Government Service Delivery There exists a case of concurrent service delivery in Southern Sudan today that requires a solution. Currently the existing primary and secondary services are provided at both the State and local levels without due regard to the constitutional provisions which assign their functions and responsibility to one or the other level of government.
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At the State level, primary and secondary services are provided by the State authorities in those State constituted out of the former garrison towns of Southern Sudan under the Khartoum government. These are Central Equatoria, Western Bahr el Ghazal, Northern Bahr el Ghazal, Upper Nile and Unity. To a certain extent, these areas maintain their functional capacities to deliver services to the people. In these States, community primary and secondary institutions are owned by the people, but supported by the State government. In the other States, the government of Southern Sudan has not yet taken responsibility for the provision of both primary and secondary services, particularly those States made up of the former SPLM/A liberated areas. At the local level, primary and secondary services are organized by different providers under the guidance of local authorities of the former SPLM/A liberated areas. In this case, the services are mainly provided by international NGOs and United Nations agencies. The current situation is therefore that both States and Counties provide primary and secondary services. This suggests a confused state of affairs and a need to re-align and re-organize government policies so as to avoid duplication and gain in clarity. Current Local Government Authorities The current local government councils are not yet given the legal status required in order to operate as local authorities. At the moment, there is only one type of local council, the County, which is subdivided into Payams and Bomas. Some of these Counties are a combination of rural and urban councils which are supposed to be two separate local authorities (e.g. Juba and Malakal combine their former rural and town councils into a single County today). Many of the 79 Counties are not viable authorities due to the lack of human and financial resources. Some of them do not even qualify for the status of local government due to a population lower than the required 30,000 inhabitants. Although the SPLM/A tried to establish civil administration in the liberated areas in 1994, the local administrative system lacked qualified personnel, and was distorted by the military nature of its rules and regulations. Almost all existing Counties do not have elected Councillors nor do they have sectoral departments which are the main service providing institutions of the local government councils. The few of them which have such departments maintain them in name only. In structure there are on average 4-7 Payams in each County, and 6-7 Bomas in each Payam. The population of each Boma is currently between 3,000-5,000 people and is too small to constitute a basic administrative unit of local government. Very few of these Councils are able to be involved in service delivery to the people due to lack of resources and poor organisation. With respect to the Traditional Authorities, the Chiefs do perform their administrative functions at the Boma level but have limited power to exercise authority. They are generally recognised by the people but marginalised by the military and civil authorities alike on both sides in Southern Sudan. As in many countries in Africa, there are two systems of traditional authorities Kingdoms and Chiefdoms. While Kingdoms assume some forms of sovereign status within the Sudan, the Chiefdoms have either autonomous existence within the nation or are constituent parts of Kingdoms in the various regions of Southern Sudan. Although the two systems of traditional authorities maintain uniform traditional norms and customary standards, they do vary in administrative and customary judicial structures, particularly among the chiefdoms. In Upper Nile for example, there are Paramount Chiefs, Vice-Paramount Chiefs, Head Chiefs, Sub-Chiefs and Headman. In Equatoria and Bahr El Ghazal, there are Paramount Chiefs known at times as Head-Chiefs, Executive Chiefs (BGR) or Chiefs ( ER), Sub-Chiefs and Headman. While each of these levels of chieftaincies have own customary law courts including the Headman, and an additional Boarder Chiefs Court in Upper Nile, there are only two courts in Equatoria and Bahr El
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Ghazal and these are the Executive Chiefs Court (BGR) or Chiefs A Court (ER) and the Regional Court (BGR) or Paramount Chiefs B Court (ER). There existed in the past a C Court at the District level as an appeal customary court constituted by the District Commissioner with the membership of the Paramount Chiefs to discharge cross-customary cases or appeals against cases judged by the Paramount Chiefs. These types of customary courts existed in all Districts all over the Southern Sudan and met once or twice a year, but with the collapse of the local authority systems during the war, they do not function as they did in the past. The naming of the Customary Law Courts and the titles of Customary Judges changed during the war, causing confusions within Southern Sudan. In the liberated areas, the statutory and customary law courts were re-named as County, Payam and Boma Courts. Those in the garrison towns were named as Native Courts. In 2004 the County and Payam Courts were legally constituted by the Judiciary of New Sudan as statutory courts, while the Boma Courts were established as a customary law courts, thereby reducing the number and levels of the latter to only one. These formations of the law courts were based on the understanding in 1994 that the Counties created then were Provinces which warranted the establishment of Statutory Province Circuits, and the Payams were Districts where Statutory Magistrate Courts were to be established. However, with the subsequent proliferation of local government councils between 1994 and 2005, the Counties created in 1994 with Provincial status were split into between 2-4 new Counties. In other words the Payams of 1994 became Counties of District status where only Statutory Magistrate Courts were established and the Bomas became New Payams with ordinary status of an Administrative Unit with the jurisdiction of the customary law courts of the second instance. This resulted in the creation of more new small villages named as Bomas with the jurisdiction of the customary courts of the first instance. Nevertheless, the New Sudan Judiciary and now the Judiciary of Southern Sudan maintains in its statutes the naming of uniform courts in Southern Sudan as County, Payam and Boma courts. As such the names of courts established today in Southern Sudan do not distinguish between statutory and customary law courts as a case in point to be resolved in due course. On the contrary though the customary law courts in most regions of the Southern Sudan today are established by County Commissioner (not by law) and are named County, Payam and Boma Courts in both the urban and rural areas. The customary laws of the people of Southern Sudan vary according to variations in the nations ethnic groupings. With an approximate total of 151 tribes (out of the 252 tribes of the Sudan), Southern Sudan is expected to have up to 100 customary laws. Some of these laws could be harmonised and classified into some cluster forms of customary laws regimes except that even within the nation-states of the South there exist many variations in the cultural traits of the subdivisions or sections of a single tribe which makes the unification of customary laws difficult. For example: 1. In the Dinka nation, the customary practices of the tribal sections of Dinka Rec and Malual of Northern Bahr el Ghazal differ from those of Dinka Agar and Gok of Southern Bahr el Ghazal and the Dinka Ngok of Abyei. However, unifications of these customary practices for the purpose of codification is possible as was the case of Wan-Aler. 2. In the Lou nation, the customary practices of the Shilluk, Jur, Pari and Acholi sub-divisions differ from one another. 3. In the Nuer nation, there are differences in cultural practices between the Western and Eastern Nuer. However, harmonisation aimed at the establishment of Nuer customary law regime is possible. 4. The customary laws of the Anyuak of Eastern Upper Nile differ from those of its neighbours the Murule who are the kin of the Didinga and Boya of Eastern Equatoria.
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5. Within the Nilo-Hamites natione the cultural practices of the Toposa and Lotuho differ. They differ as well between them and their kin of Bari, Mundari, Fajulu, Kakwa and Kuku. These tribes do, however, have some common practices. 6. Among the Bantus, the customary laws of the Azande, Balanda, Baka and Mundu differ from one another. 7. The customary laws of the Sudanic Ethnic groups of the Ndogo and Kereshi of Western Bahr el Ghazal and the Moru, Avukaya, Madi, and Kaliko of Western and Central Equatoria differ considerably from one another. With these differences in customary practices, it may only be possible to classify the few ethnic groups in Southern Sudan with common traditions and customs into single customary law regimes to warrant codification, otherwise most of these groups will have to maintain their distinct customary laws as common laws. The other difficulty in codification may arise from the conservative nature of the customary laws of the people of Southern Sudan which are in most cases gender in-sensitive and do not confirm to national nor international standards. In judicial practices the main issues of codification of customary laws in Southern Sudan are those of the interface between statutory and customary laws that are yet to be decided as well as the competences of the statutory law courts and the customary law courts which are as yet to be determined. The war that raged in South Sudan for the last 22 years has devastated the region in many ways. Physical infrastructure was destroyed as well as human resources. A good number of the trained workforce either died during the war or are in the Diaspora. Hence the non viability of the 98 Counties as of now is partly a function of delays in their reorganisation and indecisiveness in fund transfers to the local government authorities. In particular however the non-functioning of most of proliferated local government councils is largely due to: (a) Delays in timely establishment of the GOSS authority with the responsibility to reorganise the highly proliferated number of Counties. Against this backdrop, the Technical Committee of the SPLM Secretariat of Local Government did propose in 2004 a limited number of Local Councils of 7 in each State (6 Counties and 1 Town Council) with provisions for special cases. (b) Delays in the determination of the total workforce as a matter of GOSS policy for the establishment for each level of government in Southern Sudan, resulting in the maintenance of over staffed levels of the Counties establishments. (c) The incompetence of the local authorities in the management of the Local Councils that resulted from handing decision making powers to one or two individuals, the Commissioner or the Executive Director and not to an elected council as case today. (d) Lack of financial resources for effective management of the councils. This is caused by the collection of revenue from limited local sources and the poor collection of Social Service Tax as the main source. These two reasons combined limit the actual amount of local revenue raised locally. High rate of corruption without accountability is the third reason for limited collection of local revenue. Unless the local government system in Southern Sudan is reorganised and reformed, the lack of financial resources will remain a major bottle neck for management of the Counties. By and large, the case for the existence of non-functional and non-viable Counties in Southern Sudan today is the case of justice delayed becoming justice denied to Local Government. In this regard however, the position of the Local Government Board is not the standoff for either State or Local Government, but the urgency for the establishment of 83 viable local authorities in Southern Sudan given the constitutional provision that recognises local government as the level closest to the people.
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Current Organisation of Local Government During the movement, local government in the SPLM/A liberated areas was organised on an adhoc basis through decrees issued for the creation of local government councils. Initially the total number of 49 counties was decided at the SPLM National Convention of 1994. More Counties were created by Presidential Decrees to respond to political pressures in the Movement. This raised the total number form 49 to 98 between 1994 and 2005, some of which may not qualify to be local authorities determined on the basis of standard criteria for creation and establishment of Local Government Councils. No policies and legislations were made to guide the organisation of these councils and they have functioned without any legislative framework until today. During the same period local, government in the garrison towns was organised on the basis of Khartoum Central Government decentralization polices and national legislation. Local Government Acts that were ideologically based on Sharia Laws were promulgated to guide the organisation of the local government councils. While the number of local government authorities in Southern Sudan in the garrison towns was maintained at approximately 55, the authority and powers of these councils were removed and vested at the State level. Local Councils were no longer corporate bodies, responsible of running their own affairs losing the status to sue or be sued as a corporate entity. There is a need for the development of the legal framework for the organisation of local government in Southern Sudan, in both former SPLM liberated and the former Khartoum administered garrison towns. 1.4. CURRENT CAPACITY OF LOCAL GOVERNMENT Based on the field study reports of 2004 (leading to the 3rd Framework,) which were conducted by the Local Government Technical Team and the three Team Assessment Missions of the Local Government Board, the capacity of current local authorities in Southern Sudan to perform their responsibilities were assessed as follows: 1. 2. 3. 4. 5. By and large most local government councils are none functional, i.e. they do not perform the duties of the local council through which services are delivered to the people; The few existing services in the former liberated areas were and are still being provided by International Non-Governmental Organizations and United Nations Agencies; Services in the former garrison towns are poorly provided directly by the State level authorities; Generally services are inadequately provided to the people in all parts of Southern Sudan; Chiefs in the former liberated areas were not allowed to perform their administrative and traditional functions without political affiliations, while those in the former garrison towns performed politically designed functions to suit the purpose of Sharia laws and the Khartoum government policies. The appointment of traditional leaders in the former garrison towns was mostly, and to a lesser extent in the SPLM liberated areas, on the basis of party lines; Currently it is only the appointed Commissioners and their appointed Executive Directors, who are responsible for local government service provision, but are failing dismally in the task.
6.
1.5. RESOURCES OF LOCAL GOVERNMENT Local government authorities have two crucial, however inadequate, resources to perform their responsibilities: human and financial resources.
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Human Resources With respect to human resources there is a critical shortage of qualified personnel across Southern Sudan, and even more so in local governments. According to the recently completed Three Teams Assessment Mission of the Local Government Board, there is a serious problem of highly inflated numbers of local government staff, many of whom are not qualified and/or competent to be employed as local government administrators and staff. Most of the staff in both former garrison towns and former SPLM liberated areas are of advanced age with a minimal ability to perform as productive staff. Although some in-service trainings were provided to update the skills of local government officers, it was not enough to prepare them to now manage the reestablishment of Local Government in Southern Sudan. The SPLM conducted an assessment mission about State and Local Government staff in the former garrison towns in 2005. The report showed that 80% of the total staff were unclassified and only 20% classified. In many areas, there is simply no staff, apart from the appointed Commissioner and the appointed Executive Director. As a result, some Commissioners are recruiting more unqualified staff to fill existing gaps. No ceiling of Local Government staff was established and local authorities never prepared nominal roll showing the total number of filled and vacant posts. No public service regulations were used in former liberated areas, while outdated Public Service Rules and Regulations based on Sharia were used in former garrison towns. The system maintains two types of local government staff, i.e. those appointed directly by the Council and those seconded from the central Government in Khartoum. This system has been abused by authorities at the State and Central government levels, and resulted in inflated numbers of local government staff. Financial Resources Currently there are three designated sources of local government revenue, namely local taxes, government and donor grants. - Local Taxes Local revenues are supposed to be collected in a systematic, self sustaining method if they are to support the financial requirement of local governments. However, in Southern Sudan there are currently no financial rules and regulations to guide revenue collection at the Local Government level. Where rules and regulations exist, they are predominantly under the Sharia laws of the zakaa, in which collection is done through religious institutions. Under this method there is no financial record nor prescribed financial forms used in revenue collection and utilisation. In addition, local government staff in charge of finance and tax collection has not followed any training in the last 23 years. The combination of unskilled staff and lack of a functioning system and practice creates a fertile ground for corruption. Additionally, no tax schedules have been put in place and tax rates have not been revised since they were enacted in the 1940s and 1950s. There is no incentive for revenue collection, particularly for social service taxes, which are collected by traditional authorities. - Government Grants While in former garrison towns local government grants were disbursed through the States, no similar system existed in the SPLM/A liberated areas since there were no central grants. The funds were shuffled from the Wali to the Commissioner and then to a few selected privileged groups or individuals. Salaries of staff in Local Councils were not paid on a regular basis, except in 2005 with the signing of the CPA. Similarly, no local government budget authorities were established in the SPLM/A liberated areas, no budgets were ever prepared and no money was remitted to the treasury or its equivalent.
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- Donor Grants Between 1994 and 1996, the support from the international community mainly focused on humanitarian relief, with limited support for service delivery, and in selected peaceful liberated Counties. From 1997, although relief had to continue, the SPLM/A adopted a principle of Peace through Development with the aim of shifting donor support from emergency to service delivery, so as to provide services and foster development in SPLM/A liberated areas. As a result, resources were channelled through the South Relief and Rehabilitation Association (now known as the Southern Sudan Relief Commission, SSRC) for services delivery purposes. However, it is currently impossible to determine the amount of grants that was spent on development in Southern Sudan, nor how they were managed.
1.6. MANAGEMENT OF LOCAL GOVERNMENT At present local governments are poorly managed in Southern Sudan. Services have almost always been managed at the sub-national level, rather than by local authorities themselves. This began during the period of the Province Executive Council (PEC) through the periods of regional governments, until today where services are directly managed at the State level. Practically, States manage local government while local authorities simply facilitate the processes. For example, teachers are paid and transferred by the State and not by local councils. The management of local government remains at the daily routine level and prevents them from holding any real authority. The main preoccupation of local government, therefore, is the maintenance of law and order. Local Government Councils do not have their own plans and programs that guide service delivery and programme management. There is no management policy in place, no programme guidelines and sources of revenue for local government are not determined, therefore no real sense of direction exists. In other words, the thinking process for designing management processes and practices for local government is null and void. The management system of local government in Southern Sudan has disintegrated. For example, the revenue collection system is non-existent, public services are not delivered to citizens and human resources development (recruitment procedures, training and promotion opportunities, transfers and retirement plans) is not transparent and fair. In addition, there is a lack of harmonization in contracting service-providers such as civil society organisations, private sector and UN agencies for the delivery of services.
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2
The Local Government Framework
2.1. THE PURPOSE OF THE LOCAL GOVERNMENT FRAMEWORK
he Local Government Framework is the foundation stone for the formulation of a policy document aiming at guiding the legislative process for the establishment of a new system of local Governance in Southern Sudan, as well as viable Local Government Authorities. Southern Sudan has suffered from 50 years of centralised governments, marginalisation, mismanagement, lack of service delivery, denial of social, political and economic participation and underdevelopment.
The 21 years of war from 1983 to 2005 caused the disintegration of the local government system in Southern Sudan. The service provision systems of education, health, water supply, public works, etc. were rendered non operational. In addition, political instabilities and general insecurity further rendered local development impossible. As a result, the supply of public goods and services progressively declined and deteriorated over the years of the conflict. Prior to the war, local authorities in Southern Sudan only exercised deconcentrated and delegated authority and power. The maintenance of law and order was their main responsibility, while service delivery and development were the responsibility of either the Provincial Authorities in the South or the Central government of Khartoum in the North. (a) A vision for Local Government in Southern Sudan; (b) A basis for consultation and negotiation of systems, structures and functions for Local Government with all sectors of government, local communities and external agencies; (c) The policy guidelines for a Local Government Act for Southern Sudan. (d) A guide for international donors and NGOs operating in Southern Sudan through recovery and development programmes to ensure they involve local government authorities in the planning and implementation of their projects.
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(e) The Local Government system, established under the Local Government Act, should be consistent with the CPA, Interim National Constitution, Constitution of Southern Sudan, Constitutional Provision creating States, and should adhere to GoSS laws. (f) In performance of their functions Local Governments should not impede or prejudice the exercise of the executive, legislative or judicial authority of the Government of National Unity, Government of Southern Sudan (GoSS), or State Governments. (g) County, Municipal and Town Councils should be bodies incorporated with perpetual succession and a common seal and may sue or be sued in their respective corporate names. The primary objectives of the Local Government Framework are to identify the reasons for which the Local Government system has failed to adequately deliver public goods and services to the people, and redress the system so as to put in place viable and effective Local Government institutions to serve the people of post-conflict Southern Sudan. The research works, field studies, study tours and wide consultations with stakeholders and governance experts created ample opportunities to develop new local government policies and legislature for the establishment of a new model of local governance in Southern Sudan. The new system is expected to harmoniously integrate the statutory and the traditional systems of governments, so as to ensure ownership of the decision-making process at the local level. Enabling Local Government authorities to deliver services and lead the local development process will require the adoption of reliable sources of revenues and a modern management system with proper planning and programming at the local level.
2.2
THE CONCEPTS OF THE LOCAL GOVERNMENT FRAMEWORK
2.2.1. What is a local government? A U.N. Technical Team, led by Dr. Medic, wrote in 1962 a report on Democracy Decentralization and Development, in which Local Government was defined as : a sub-national government that has the power to impose laws and where members of the government are elected or selected and has the power to collect taxes. This definition is representative of local government in a unitary system encompassing two levels of government - the central level and the local government level that has autonomous authority and power within the central. This situation is not the one that prevails in Southern Sudan today. Today Southern Sudan has a federal system of government in which there are three levels of government, each of them has autonomous authority and power : the GoSS, the State and the Local Government, which includes traditional authorities. Therefore in Southern Sudan local government should rather be defined as : the community government, which is closest to the people and exists below the sub-national level of government. This definition devolves authority closest to the people through the level of government which is the closest to them, thereby taking power to the people to rule themselves. It allows citizens to engage in the development process and mandates the central government to provide resources, in partnership with the community, to fully support the operations of local functions. This particular type of devolution facilitates genuine democratisation of governance and participation of the people in the key governance decisions that affect their lives. Local
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Governments will be required to conduct themselves at all times in an open and itransparent manner through a variety of democratic and participatory mechanisms. A transparent system of checks and balances which guarantees power sharing will be established and maintained. The governance principles (see below) of the SPLM on participation, empowerment and democracy all suggested a devolved form of local government. The Local Government Board and Technical Team believe these principles should be the benchmark for decentralization and democratisation in Southern Sudan through the devolution of authority.
2.2.2. Objectives of Local Government The objectives of local government are to: (a) Promote self-governance and enhance the participation of people and communities in maintaining law and order and promoting democratic, transparent and accountable local government; (b) Establish local government institutions as close to the people as possible; (c) Encourage the involvement of communities and community-based organisations in local government issues, and promote dialogue among them on local interest; (d) Promote and facilitate civic education; (e) Promote social and economic development; (f) Promote self-reliance amongst the people through mobilisation of local resources to ensure the sustainable provision of services to communities; (g) Promote peace, reconciliation and peaceful coexistence among the various communities; (h) Ensure gender mainstreaming in local government; (i) Acknowledge and incorporate the role of traditional authorities and customary law in the local government system; (j) Involve communities in decisions that relate to the exploitation of natural resources in their areas and promote a safe and healthy environment; and (k) Promote and support the training of local civil servants. The SPLM Governance principles Subsidiary Decisions and functions should be delegated to the lowest competent level of Government. Self Governance and Democracy. Participation To encourage all citizens to exercise their rights and express their opinions in the process of decision making in public affairs. Rule of Law To realize law enforcement which is fair and impartial for all, while honouring the values prevalent in the society. Transparency To build mutual trust between government and citizens through the provision of information and guaranteed access to information. Equity To provide an equitable distribution of resources throughout Southern Sudan in accordance with population ratios and other criteria. Equality To provide equal opportunities for all members of society to improve their welfare. Responsiveness To increase the sensitivity of government administrators to the aspirations of the public. Accountability To ensure accountability of decision-makers to the public in all matters involving the public interest. Efficiency & Effectiveness To ensure good public service delivery by optimum and responsible use of available resources.
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Within the scope of powers devolved to them by GoSS, Councils should: (a) Make policies on local governance within their areas and within the context of GoSS policies; (b) Consolidate and promote local democratic institutions and participation with a bottom up approach. (c) Contribute to and support measures at local and state level to improve the quality of life, including sustained peace and recovery, economic growth, an acceptable living standard and a satisfactory physical environment for living and working.
2.2.3. SPLM/As commitment to Decentralization Throughout the struggle for liberation, the SPLM/A was always committed to decentralisation and to use local government as an empowering and democratic tool for self rule. Vision The SPLM/A vision for Local Governance in Southern Sudan was : The establishment of decentralised, democratic, efficient, effective, accountable and gender sensitive Local Government. This vision was conceptualised in the Framework entitled: Self rule for the people of Southern Sudan, by taking the towns to the people, by Cdr. Dr. John Garang de Mabior The goal of this vision is The transformation of local government from a rudimentary colonial system of local administration to an integrated viable system of local government authorities that is relevant to meet peoples aspirations for self rule and basic service delivery needs. Mission The mission statement of the SPLM/A in the first local government framework of 2003 was: To establish local government and public administration; To develop laws and regulations for local government authorities; To establish Peoples Local Government Councils at the various levels of local government tiers that are democratic and accountable; To build the capacities of local government councillors and staff; To mobilise financial and human resources for the sustainability of local government. Inclusion of Local Government Local Government has, in essence, been included into all constitutions in the Sudan (20052006.) The Comprehensive Peace Agreement (CPA) commits governments in the Sudan to adopt federal decentralisation policies. Furthermore, the adoption of such policies is affirmed by the Interim National Constitution of the Sudan (INCS) which recognises four levels of government (GoNU, GOSS, State and Local Government) to which authority is devolved to share power and wealth in the context of the Sudan In conformity with the INCS. The constitutions of the GOSS and of the States in Southern Sudan affirm decentralisation as a policy issue to be adhered to in the practice of governance within their own jurisdictions. But practice in Africa and elsewhere shows that icluding local government into the constitution, such as is the case in the Sudan, is not sufficient in itself unless the affirmative action required to launch decentralisation policies by the Governments of the National Unity and the Government of Southern Sudan is consciously taken to drive the course of effective transfer of power to subnational governments. Nonetheless, the experience of Southern Sudan so far (2005-2006) raises the issue of political will to adopt and implement any form of a meaningful decentralisation policy into question mark. In this case a meaningful decentralisation policy that puts the effective transfer of power into the platforms of the GOSS and States presupposes the clear articulation of
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such constitutional principles like the Self-rule for the People and detailed specification of the roles of GOSS, State and Local government in the achievement of the Millennium Development Goals (MDGs) in a decentralisation policy document or a Blue Print to emphasize government commitment to the devolution of authority and power to Local Authorities for effective organisation of local government in Southern Sudan. The promulgation of local government legislations for effective organisation of local government is essential for the establishment of relevant institutions of local government in Southern Sudan. The formulation and enactment of local government legislation is crucial in terms of the spirit and content of the typeof laws and regulations to be adopted by the government of Southern Sudan for the proper organisation of the local authorities before their creation and eventual establishment if they are to function as viable institutions of local government. The proposed Local Government Act for Southern Sudan has yet to be formulated and legislated by the Legislative Assembly of Southern Sudan. This is due to delays in the decision to create a central body for local government with the competence to formulate such legislations since the establishment of GOSS in 2005. This role is now assumed by the Local Government Board (LGB) created in May 2006 in lieu of a Ministry of Local Government. More importantly though, the spirit of the local government laws and regulations expected of its legislations is that of the concern for giving to the people their peace dividend. Such existing peace dividends that are now known to the people are gun silence and the existence of governments in the South. But there remains no change in service delivery nor in the status of their local institutions of government as the majority of the local government councils if not all have statically remained non-functional. This situation can only change with timely enactment of the Local Government Act for Southern Sudan as the law that regulates all aspects of local government required for the initial establishment of local government in the South. To be effective however, the Act will have to be supported with the legislation of such other complements like the Public Service rules and regulations, financial rules and regulations, Public Accounts procedures and Tax schedules, Office Routine rules and regulations, Codes of Professional Ethics, etc. Finally, in content, the expected legislations should clearly articulate the statutory stances of the local government Authorities as legal bodies with autonomous existence, provide them the competences with which their authorities are to function and the guiding principles of governance which direct their operations towards the achievement of the ultimate goals of local government that provide efficient and effective service delivery to the people and their development locally. In light of the above, the need to decide the right course of action to establish viable local government authorities as desirable institutions of government for the people of Southern Sudan constituted the cornerstone against which all efforts and time devoted were to be measured during the course of the processes and the stages of the development of the local government framework. Three years of concerted effort has been exerted by the SPLM Local Government Secretariat and its partners UNDP, CRS and PACT into the search for a relevant system of local government that is suitable to the existing post-conflict situation in Southern Sudan and further the one that gives the people the power to rule themselves locally.
2.2.4. Relevant Local Government System for Southern Sudan Any type of Local Government authority may be relevant only if its concepts meet the peoples aspirations and needs, if its organization leads to the establishment of a viable peoples local government councils and if it is fully owned by the people themselves. To the greed point, such type of local authority is relevant to the extent that the authority belongs to the people.
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Concepts of Local Government Conceptually, a local government authority is viewed as relevant when the design and settings of its institutions are acceptable to the citizens themselves. As a matter of reference, the findings of the field studies conducted by the members of the Technical Committee of the SPLM Local Government Secretariat highlighted the need and request of self-rule by the citizens of Southern Sudan. Henceforth meeting the peoples demand in Southern Sudan requires the devolution of authority and power to a government level which is the closest to the people within their communities. Organisation of Local Government Institutions The newly established Local Government institutions will be viewed as relevant by the people only if they are perceived as well organised. The relevance in organisation requires the commitment of the Central Government to: The decentralisation policy that enshrines local government into the national constitution, The enactment of national legislations on such constitutional principles as Self-rule for the People, and The design of implementation plans to achieve decentralisation goals within the given period of time to provide legal and administrative basis for proper organisation of local government. Ownership As a community government, local government can be relevant only if it is owned by the members of the community. Ownership entails owning the local authority as an entity that should be administered by the people to serve their communitys interests. Within the territorial area of each community, people should own the institutions, the properties and the local governance process. To own local government institutions, community members elect their representatives whose mandate it is to formulate local policies and by-laws. The appointed staff working in Local Government authorities are then expected to execute the legislation and provide services to the people. They own the local government properties such as schools, health centres etc by regulating the property development, utilisation and management to benefit the community members as their public properties. They own the processes of local governance through direct participation in local decision making direct involvement in the management of service delivery and local development activities undertaking and through effective contribution to support the functional operations of the institutions of local government in their own community.
2.3.
DEVELOPMENT OF THE LOCAL GOVERNMENT FRAMEWORK
In August 2003, Cdr Daniel Awet Akot, the Chairperson of the Commission for Local Government, Judiciary, Legal Affairs and Law Enforcement Agencies, appointed a focal point on Local Government and Civil Administration to coordinate with UNDP and other donor agencies the development of a policy framework for the establishment of a stable Local Government and Civil Administration in Southern Sudan. The Focal Point worked for two months and produced its first report in November 2003[1]. This report was presented to a Consultative Workshop on Local Government and Civil Administration in Rumbek in January 2004 attended by a wide range of SPLM actors and donor agencies. The findings and recommendations of the Rumbek workshop were later presented in February 2004 to the core teams of the SPLM secretariats of the Civil Authority of the New Sudan (CANS) to seek technical views on local government as vital inputs that better inform the processes of the development of the Local Government Framework from its second draft to the final version.
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In December 2003, Cdr Akot formed a Technical Team for the Secretariat of Local Government at New Site with the task to develop the Local Government Framework from its 3rd to final draft. The Local Government Framework was developed in phases of five drafts, which addressed various issues of local government as they arose during the progressive stages of the workshops, field studies, study tours and consultative meetings conducted from 2003 to the present. These five drafts were separately developed and integrated upon conclusion, but with the completion of the 5th one, the need arose for the updating, reorganisation and editing of all the five drafts into a single Local Government Framework Document for Southern Sudan. Upon its completion, the final version will indicate the schematic areas of the framework developed since then, in order to clarify the purpose, content, findings and recommendations of the document. The other need that arose was for the then SPLM Secretariat of Local Government, currently referred to as the Local Government Board, to establish its own position on the findings and recommendations of the Framework document to spark the desired course of action required to be undertaken by the Government of Southern Sudan.
2.3.1
1st Framework
The first draft of the LGF was produced under the initiative of Commander Daniel Awet. This process originated from the SPLM National Convention of Chukudum in 1994 where the SPLM passed a resolution to democratise the movement and separate the military from civil administration in the New Sudan. Commander Awet appointed a 17- member FOCAL POINT TEAM on Local Government and Civil Administration to coordinate in Nairobi with UNDP and other donor agencies the development of a policy framework for the establishment of a stable Local Government and Civil Administration in Southern Sudan. The focus of the FOCAL POINT was a situational analysis of the local government set up in Southern Sudan as well as the functions and impact of the practices on the people of Southern Sudan. Its findings were impressive and its recommendations were conclusive and oriented. Findings: The Focal Point reiterated that the South, as the epicentre of the 20-year conflict, had most of its structures of governance completely destroyed and that the rehabilitation of institutions and physical structures would have to start from scratch. The e FOCAL POINT recommended the following: -The immediate setting up of key personnel of the secretariat (the Under-Secretary, two Directors, an Accountant, and up to six support staff) and their remuneration; -Build physical structures at GOSS, Region and County levels with accompanying means of transport; -Organize and conduct 3-month refresher courses for former public administrators; -Train new public administrators at all levels for quick impact results; and -Develop Local Government and Civil Administration policy which would be submitted to the NLC (Parliament) to promulgate the Local Government Act.
2.3.2. 2nd Framework The 2nd Framework was an extension of the FOCAL POINT which was concluded after a two day consultative workshop with the SPLM Core Teams of the Civil Authority of New Sudan (CANS) at New Site, in Kapoeta County, in February 2004. The aim of this process was to seek the technical views of the Core Team in order to revisit the old governance systems of the Sudan and model a new one that would be specific to the vision of a New Sudan.
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The workshop made significant progress in suggesting improved content and in mapping out a process for the further refinement of the First Framework. In particular it recognised the need to prepare essential documents that address policy, legislations, resource mobilisation and management of Local Government. The workshop established eight schematic areas to be studied by the Members of the Technical Team of the Local Government Secretariat: 1. The development of a relevant model of Local Government Authority to be adopted as the basis for the devolution of authority to the Local Government Councils in Southern Sudan. 2. The design of relevant local government structures which harmonise the Local Government tiers with higher authority levels and within the local authorities themselves, with the intention of avoiding overlap between the County, Payam and Boma authorities. 3. The development of capacity building programs through which Local Government staff can be properly trained in order to provide the necessary skills required for more efficient service delivery. 4. The preparation of recommendations on local government finance to prepare the process of fiscal decentralisation policy formulation for legislation in due time. 5. The conduct of in-depth field studies into the current stances and trends in service delivery in the liberated areas to prepare recommendations for service delivery legislations. 6. The determination of available natural resources that could be effectively mobilised and tapped into in order to financially support the local government councils. 7. The identification of local government management constraints and recommendation of appropriate solutions. 8. The undertaking of continued consultative meetings and workshops with the Core Teams of the CANS Secretariats in order to establish a good base for inter-governmental relations through which cross-cutting issues can be determined and resolved. Amongst other recommendations, the workshop identified the need for wider consultations and research on current local government experiences from the region as crucial inputs into a next draft of the Framework It also recommended that work should begin on preparing a Local Government Act.
2.3.3. 3rd Framework The 3rd draft of the Local Government Framework is a product of the Technical Team of the Local Government of the SPLM that assumed full responsibility for further development of the drafts that followed in February 2004, including the 4th and 5th drafts, and to this now final draft. Following the February 2004 workshop, the Technical Team of the LGS met at New Site to review the recommendations of the workshop and design further action. With funding from UNDP, it decided to carry out a detailed assessment of the current reality of local administration tasks and procedures as presently carried out in the SPLM administered areas of Southern Sudan and to then revise the Framework for Local Government. Detailed questionnaires and survey forms were designed and the survey was carried out between 19th April and 4th May 2004. Seven thematic papers were produced on Service Delivery Outputs, Democracy and Participation, Natural Resource Management, Traditional Authorities, Fiscal Decentralization, Local Government Finance and Local Government Management Processes. At the same time, representatives of the Technical Team also attended a workshop to brainstorm Constitutional Issues and Local Government in Naivasha, Kenya, in April 2004, organised by Max Plank
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Institute. This workshop highlighted the need to prepare the signing of the Comprehensive Peace Agreement. Other parallel initiatives have included the setting up of an ad hoc working group made up of representatives from several secretariats to develop a draft Framework for Good Governance Policy in Southern Sudan. The Working Group has published a wide range of agreed governance principles that can be implemented in the emerging political, social and economic environment. The outputs of these various initiatives were used to inform a workshop of the Local Government Technical Team in May 2004, during which they produced a 3rd Draft of the Local Government Framework. This has been consulted quite widely amongst a range of stakeholders including politicians, sectoral agencies of the SPLM, and donor agencies through summary presentations and one-on-one discussions. The findings of the 3rd draft were: The traditional leaders lost their authority and power to the military and civil administrators in total marginalization through two ways: (a) The Boma Councils established by the CANS were used by the Local Government Administration and SPLM Liberation Councillors to take over and perform administrative functions of the traditional leaders. (b) The military Administrators established parallel customary courts to judge customary cases for personal gains and threatened the chiefs so that they would not perform their judicial functions. The County Commissioners or their Executive Directors single-handedly stage-managed the local government council in order to support the war efforts and in most cases served their personal interests. The SPLA military administration grossly interfered in the SPLM Civil Administration in their civil defence intervention, which led to the total loss of the local government authorities independence in managing civil affairs; The people resented the loss of power and the mistreatment of their traditional leaders and demanded the reinstatement of the traditional authorities for their self-rule. The local government council had no independent sources of local revenues except the local market fees and the war effort taxes which were collected and utilized by various unauthorised persons and bodies within the liberated areas. There was random destruction and misuse of natural resources of different types in the liberated areas for personal gains which was deplored by the people of Southern Sudan who demanded government intervention to conserve the mining resources and to protect the environment of the destroyed areas. Political pressures led to unnecessary proliferation of the number of counties into many tribal constituency units, which in most cases fell short of requirements to qualify as local government authorities. This phase recommended that: 1. There was an urgent need to re-establish the autonomous local government system with the responsibility for service delivery in the liberated areas of Southern Sudan. 2. The re-instatement of the traditional authority system to give back power to the traditional leaders for self-rule in their respective communities. 3. A new local authority system should be adopted to integrate the statutory and traditional authorities. 4. 60 counties to be established in Southern Sudan, six in each State, as viable local authorities capable of undertaking the service delivery functions in their respective local jurisdictions.
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5. The status of the local government councils should be corporate bodies composed of local legislature, local executive and customary law judicial systems with elected councilors and appointed staff. 6. The powers and function of the County Commissioners and Executive Directors be defined and job descriptions prepared for all Local Government staff. 7. The drafting of the proposed Local Government Act for Southern Sudan should begin. 8. Further consultations with sectoral units of the CANS be undertaken to come to an agreement on the unresolved issues pertaining to the judiciary, ministries of finance, corporative and rural development, and the SRRC. 9. Additionally, it was recommended that more consultative works be conducted to discuss with all stakeholders the findings and recommendations of the 3rd Draft.
2.3.4. 4th Framework In August 2004, the Technical Team undertook a Study Tour of Local Government in Ethiopia and Uganda with support from the British Council and UNDP. The tour provided an excellent opportunity for the Local Government Team to learn lessons of experience as a basis for further improving their Framework. The fourth draft of the Framework incorporates the outcomes of the consultations on the Third Draft, plus the lessons learned by the Technical Team during the Study Tour. It was produced in late August 2004 through a process of facilitated discussions and analyses by the Local Government Technical Team. The 4th Framework begins by highlighting the SPLM vision, objectives and key focal government principles. It then follows the form of a potential Local government Act by describing a Local Government system for Southern Sudan including its structure, composition, powers and functions, financing, staffing, support and regulation. It ends by suggesting transitional arrangements which might be put in place between now and the Local Government election scheduled for 2 to 3 years hence. This draft of the Framework should provide a basis for further discussion and negotiations with SPLM politicians, other agencies of government and the supporting donors with regard to the future form of Local Government in Southern Sudan. It is also important to recognize that this Framework represents the vision of a fully formed system of local self-governance in Southern Sudan. The Technical Team proposes that a provisional order be issued that follows the general outline of this Framework, but with provisions for a more completely articulated transition. Warrants of establishment to be issued by the GoSS are proposed as legal mechanism for creating time-bound, limited local government structures, until the legislative process for establishing the Local Government Act is completed after local elections are held. The study tour findings are as follows: Local governments are recognised and enshrined into the Constitutions of Uganda and Ethiopia. About 60-70% of local government authorities are fully established in both countries with elected councillors and appointed staff. There is a constitutional provision in Ethiopia for the transfer of Block grants by the federal government to regional governments. 30% of the grants are distributed to the regional government and 70% to the Local Council (Waradas). In Uganda, the central government transfers 10% of its annual budget through Block grants to local government authorities, in addition to various other forms of conditional and equalisation grants.
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In Uganda, local government authorities are categorised according to their developmental stages: Urban Authorities, Developed Authorities and Less Developed Authorities. Each of these authorities are supported, funded, supervised, encouraged and punished on the basis of their functional performance and according to particular policy measures and criteria. In both countries, sub-national authorities are fully committed to build the capacities of local government authorities as part of their national responsibilities. In Ethiopia, three levels of government (Federal, Regional, and Local) are provided in the Constitution. Their respective functions are coordinated without the need for using concurrent powers in arbitration disputes. In Uganda, there is a certain extent of central intervention into local government affairs. However, parliamentarians, elected councillors, the civil society and the media maintain measures of checks and balance towards the central government to limit its interventions. The federal and regional governments in Ethiopia and the central government in Uganda fully guide local government operations in local planning through sectoral policies, plans and programs. This leads to better coordination and supervision of local government functions during their programs implementation. Uganda has a fully developed system of local authorities association, which promotes advocacy, lobbying and fund-raising for local government authorities.
2.3.5. 5th Framework The 5th Framework was prepared by the Local Government Technical Team under the chairmanship of Cdr. Daniel Awet Akot. Its aim was to incorporate the creation of new subnational levels of Government between the GoSS and Local Governments - the States - as stipulated in the CPA. The 4th Framework was developed before the signing of the CPA and the promulgation of the GoNU, the GoSS and the State Constitutions, and thus did not integrate this new component. The Technical Team was aware of the debates within the SPLM Leadership Council and its Council Members, as well as influential external agencies, regarding the final structure of the Government in Southern Sudan and the role of Local Government in the context of the CPA. A series of fundamental questions regarding the future establishment and development of Local Governments in Southern Sudan were raised by the Local Government Technical Team: 1. Should there be a Ministry of Local Government at the GoSS or at the State level? The Local Government Board and the Technical Team recommend the establishment of an agency at the central level so as to: Oversee the implementation of the decentralization policy of the GoSS; Take the responsibility for the establishment of Local Governments; Develop Local Government policies and legislations; Prepare initial Local Government structures, systems and guidelines; Coordinate the development of Local Governments and capacity building programmes; Appoint administrative personnel to Local Governments in the period prior to the first local government elections. 2. Should Local Governments be able to influence and decide their own development strategies through planning authorities in the context of national and state plans and policies, or should they simply implement the plans created at a higher level? For local governments to effectively respond to the needs of their citizens, they have to adopt a planning and programming system that would enable them to shift from routine management to programming. Service delivery needs to be planned and programmed with the ownership conferred to the beneficiaries. Council operational activities should be output-
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focused, measurable and responsive. This requires the establishment of planning units within local government authorities that would play a central role in building local coalitions with civil society organizations and community leaders during the planning process as well as during the implementation phase. This also requires the establishment of financial system and personnel so as to encourage higher levels of governments and donors to offer financial support to local governments. 3. How should local governments be financed? What revenue sources should be assigned to local governments? Should the grant financing of local government come directly from the Central Government or from the Central Government through the States? The Local Government Board and the Technical Team recommend that: Local governments should be assigned specific sources of local revenue; Grants should be directly transferred to local government councils through the State Ministries of Local Government. 4. Should local governments be headed by elected Council Chairpersons or by politically appointed County Commissioners? The Local Government Board recommends that Urban Councils are headed by elected mayors and Rural Councils by elected Commissioners. Each local legislature shall have its own elected Chairperson and each local executive shall have an appointed Chief Executive Officer.
2.3.6. Final Framework The first five drafts were separately developed. With the completion of the 5th one, the need for updating, reorganizing and editing all the drafts into a single Local Government Framework Document for Southern Sudan appeared. The final version of the document is expected to clarify the purpose, content, findings and recommendations of the Framework. The other need that arose was for the then SPLM Secretariat of Local Government, now known as the Local Government Board, to establish its own position on the Frameworks findings and recommendations. The following key questions have been debated: 1. To which extent should the people be informed of the authority and power of Local Governments? The extent to which the people should be informed of the authority and power of Local Governments is predetermined by article 50 (c) of the Interim Constitution of Southern Sudan (ICSS). This provision recognises Local Government as a separate level of government within the State which shall be the closest level to the people, and to which authority is transferred. Additionally, article 51 (2)(b) on the devolution of powers, emphasizes the respect of the powers devolved to States and to Local Governments. Finally, since it is at the Local Government level that people can engage in self rule and in the future of their communities, citizens should be fully informed of the status, powers, structures, functions and resources of Local Goverments. Thus the legislature of Southern Sudan is expected to promulgate the Local Government Act. 2. Which level of government, States or Local Governments, can best serve peoples interests. Previous experiences of governance in Southern Sudan have shown that any sub-national level of government does not deliver. This was the case previously with provinces, to which
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local government authority were vested. The 1971 Local Government Act, which vested the authorities of the peoples Local Government Councils in the three provinces of Equatoria, Bahr El Ghazal and Upper Nile, led to an over-centralization of authority, power and functions at the provinces headquarters. In addition, there was an unfair use of local government resources to advance the cause of the Sudanese Socialist Unions (SSU) political ideology, which resulted in poor service delivery to the people. Similarly, between 1996 and 2005, the local government authority and power were concentrated in the offices of the commissioners and the state Governors in garrison towns, who used public offices and resources to serve their Party and personal interests. In a Federal system, the local government authority is decentralised to a level below subnational government. This is the case of Southern Sudan today, where local government is the level below the State. Under the 1981 Local Government Act, the Sudan experienced a semi-federal system of governance where local government responsibilities were transferred from the provinces to the districts and towns, known as Area Councils. The removal of local authority and power from Province Executive Councils (PEC) to Area Councils (made up of the Rural Councils and Town Councils) was the first case of full decentralisation in the Sudan. Under this Act, the Province Executive Council was assigned security functions with coordinative and supervisory roles in local government. The Area councils exercised their power at the local level with elected councillors and chief executive officers who were secretary of the local legislative councils. It is worth noting that the Province Executive Councils in Southern Sudan were in some cases twice as large in size and population as the present states. Some of the councils functioned very well before the war broke out in 1983. Yei, Renk and Juba were success stories in terms of: Ability of local councillors to exercise power in legislating local policies and laws, and supervising the executive council for full control of the Area Councils. Competence of the executive staff in performing the functions efficiently and effectively resulted in acceptable levels of standards for service delivery. Full participation of the people engaged in productive activities, boosted the local economies of the Area Councils and provided them with significant financial resources in addition to the peoples contributions. This enabled them to improve service provision and develop local infrastructures. 3. Who has the ultimate authority over the organization of Local Governments? The answer to this question shall be found in articles 173 (1) and 173 (2) of the ICSS: Article 173(2) gives the responsibility for the corporate organization of local governments to the GoSS. Hence the Local Government Board is playing the role of GoSS Ministry of Local Government. It has the responsibility to formulate necessary policy documents and legislations to establish the new system of Local Government in Southern Sudan. Article 173(1) gives the responsibility for the functional organization of local government activities to the State Ministry of Local Government, who is expected to play a coordinative role.
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3
Organization of Local Governments
3.1. STATUS OF LOCAL GOVERNMENT AUTHORITIES

In Southern Sudan, a local authority is determined as the peoples local government council. It may be a rural or an urban council, and has the status of a corporate body with an autonomous authority, an independent budget and a general seal. Each council is able to sue and be sued in its own name in a court of law.
3.2. COMPETENCIES
When institutions are given the responsibility to perform certain functions, they ought to be given power to exercise their duties. In the case of Local Government Authorities, legislative, executive and customary judicial competences should be conferred to them, so as to effectively perform their assigned functions in accordance with the legal framework of their respective jurisdiction. Local Government Authorities in Southern Sudan should have the competences to: a) Legislate local policies and by-laws, and ensure their enforcement within the limitation of their powers and authorities in relation to the various other functions performed by State Governments or the Government of Southern Sudan. b) Establish standards to regulate the delivery of public goods and services and facilitate the general good governance of the area. c) Generate local revenues and community contributions to supplement central grants allocated to Council Budgets in order to finance the delivery of services and local development activities for each fiscal year in line with the Treasury Financial Rules and Regulations. d) Reserve the right to hire and fire locally employed staff, supervise and control seconded staff and effectively monitor, evaluate and appraise the performances of all council staff in accordance with the Public Service Rules and Regulations. e) License and permit the undertakings of public and private services and businesses within their jurisdiction, and impose penalties for any violation of any law in force.
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f)
Assume the full responsibility of delegated functions from the GoSS and the States that are locally performed (rule of law, registration of local economic activities and business ventures, as well as births, marriages and deaths, monitor demographic data such as population census, ethnic compositions). g) Have the right to take local decisions based on the principle of subsidiarity in the use of the concurrent powers as provided for in the Interim Constitution of Southern Sudan and the law.
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4
Types of Local Governments
T
Authority
here are two types of local authorities in Southern Sudan, namely the urban and the rural councils.
4.1. URBAN COUNCILS
An Urban Council is a council that is established in an area where more than 60% of economic activities are non-agricultural. Urban Councils are divided into three categories : City, Municipal and Town Councils, as shown in the table below. TABLE 1: CATEGORIES OF URBAN AND RURAL LOCAL GOVERNMENTS Urban Councils City Council Block Quarter Municipal Council Block Quarter Town Council Quarter Rural Councils County Payam Boma
Administrative unit 1 Administrative unit 2
Each of these local authorities is sub-divided into administrative units : Block Councils are subunits of City and Municipal Councils, whereas Quarter Councils are sub-units of Block Councils. Town Councils are made up of only one type of sub-unit, Quarter Councils.
4.2. RURAL COUNCILS

A Rural Council is a council established in an area whose economy is predominantly agricultural. There is only one type of Rural Local Council, the County, which is sub-divided into two
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administrative units. The first administrative unit is the Payam, which is a coordinative sub-unit of the County. The second administrative unit is the Boma, which is the basic administrative unit of local government. A County may be upgraded to a Town Council and/or a Municipal Council according to its population and economic growth.
4.3. CREATION OF LOCAL GOVERNMENT COUNCILS

Local Government Councils will be created and established by law. This involves the adoption of criteria to determine viable areas as local government entities, as well as a legislative approval of the total number of local government authorities in Southern Sudan. No other authority should have the prerogative to create or dissolve a designated local authority except as stipulated by law. Southern Sudan is governed on the basis of decentralization. Its territory consists of the following ten States: Northern Bahr el Ghazal, Western Bahr el Ghazal, Warrap, Lakes, Western Equatoria, Central Equatoria, Eastern Equatoria, Jonglei, Upper Nile, and Western Upper Nile. Each of them is expected to have an approximate population of one million people and shall be divided into 7 to 10 local government authorities encompassing 100,000 to 150,000 inhabitants, in accordance with a Local Government Legislation. The total number of local government authorities and their boundaries shall be determined by the Southern Sudan Legislature. The Interim Constitution of Southern Sudan provides for a set of criteria according which a local government authority shall be established: 173(4) - Without prejudice to the existing forms of the local government structures, local councils shall be established by law taking into account, but not limited to, the following criteria: (a) size of territory; (b) population; (c) economic viability; (d) common interest of the communities; (e) administrative convenience and effectiveness. Consequently, it is recommended that this number should be limited to 83 Councils as shown below: 70 Counties, 7 counties in each of the 10 States 1 City Council (GoSS capital city : Juba) 9 Town Councils (in the 9 State capitals, except Central Equatoria) 3 Town Councils in the counties which have assumed township status.
4.4. COMPOSITION OF LOCAL GOVERNMENT AUTHORITIES

Each Council will be composed of local legislative, executive and judicial branches and headed by an elected political office bearer - a Mayor for City and Municipal Councils, a Town Clerk for Town Councils, and a Commissioner for County Councils.
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Proposed Composition of Local Government Authorities
Local Government
Legislature Elected Councillors 3 per Boma, one of whom must be a woman Syndicate Group representatives
Executive/Administration Executive Committee (headed by the County Executive Director) General County Administration Sectoral Technical Departments Appointed staff Chieftancy
Judiciary County Customary Courts Paramount/Head Chiefs court (B Court or Regional Court) Executive Chiefs court (A Court) Court Members Court Staff Quarter Bench (2nd class magisterial powers) Court members Court Staff
County Council
Elected Chairperson, Council Committees Payam Caucus Boma Assembly Elected Councillors 3 per each Quarter Council, one of whom must be a woman
Executive Committee (headed by the Chief Executive officer) Sectoral technical departments Appointed Staff
City & Municipal Council
Syndicate Group representatives Elected Chairperson Municipal Committees Block Caucus Quarter Assembly Elected Councillors 3 per Quarter, one of whom must be a woman Chairperson,
Executive Committee (headed by the Town Clerk) Sectoral Technical Departments Chieftancy
Town Bench (2rd class magisterial powers) Quarter Bench (3rd Class magisterial powers) Court members Court staff
Town Council
Town Committees Quarter Assembly
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5
Structures of Local Government Authorities
ocal Government Authorities are organized around corporate and functional structures : -The corporate structures are made up of the county authoritys head office, its three organs and its administrative units. -The functional structures are made up of the structures of the institutions, the organs , the authority and technical departments.
5.1. CITY, MUNICIPALITY AND QUARTER STRUCTURES 6.1.1 City/Municipality Corporate Structures Corporate Structures of the City/Municipal Councils Headquarters: The corporate structures of the City/Municipal Councils Headquarters are made up of: The Mayors office The Local Legislative Council The Local Executive Council. They are responsible for general administrative functions. The Mayors office is a single entity made up of the main office and the Office Manager. Corporate Structures of the Block Council: The Block Council is a coordinative administrative unit of the City/Municipality. Its corporate structures are made up of: A caucus of legislature An executive body. The Block Caucus gathers together the members of the City/Municipalitys Legislative Council. They meet on a regular basis to discuss legislative matters related to their Block. The Blocks executive body is made up of the technical departments of the City/municipalitys Executive Council at the Block level. Corporate Structures of the Quarter Council: The Quarter Council is the basic administrative unit of the City/Municipality. It is made up of: A Quarter Assembly
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A Quarter Executive A Quarter Bench Court
The Quarter Assembly is the legislative body of the people of the Quarter who meet on an irregular basis in order to deliberate on matters affecting their livelihood and territorial area. Its membership is open to all members of the community 18 years of age or above. The Quarter Executive Council is made up of the sub-sections of the Block technical departments. The Quarter Bench Court is the central court of the Quarter, the composition and competence of which will be determine by law.
6.1.2. City/Municipality Functional Structures Functional Structures of the City/Municipal Legislative Council: (a) Office of the Chairperson, (b) Council Standing Committee, which is made up of: Coordination Committee, Service Committee, Finance and Planning Committee, Public Works Committee, Security Committee, Public Relations and Ethics Committee, Information and Culture Committee, Land Committee. (c) Ad-hoc Committees. Office of the Chief Executive Officer: (a) Chief Executive Officers Office (b) General Administration Technical departments: (a) Department of Education (b) Department of Health (c) Department of Public Works (d) Department of Environment (e) Department of Social Welfare (f) Department of Community Development (g) Department of Planning (h) Department of Law Enforcement Agencies Functional Structures of the Block Administration The Block Administration is a coordinating caucus which does not have legislative structures. It has a Block Executive Council with delegated powers from the City/Municipality with the following structures: Executive Officers Office Education office Health office Public Health and Sanitation extension office Law enforcement agencies offices Functional Structures of the Quarter Council: The Quarter Assembly does not have any structure, except the Quarter Executive and the Quarter Bench Court. Office of the Quarter Administrative officer
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Basic Education unit Social Works unit
5.2. TOWN AND QUARTER STRUCTURES 6.2.1. Town & Quarter Corporate Structures Town Corporate Structures: The corporate structures of the Town are made up of: the Office of the Town Clerk, the Local Legislative Council, the Local Executive Council and the Customary Judicial Town Bench. Quarter Council Corporate Structures: The Quarter Council is a coordinative administrative unit of the County. Its corporate structures are made up of a Caucus of Legislature, an executive body and the Quarter Bench Court. The Quarter Caucus gathers together the members of the Town Legislative Council on a regular basis to discuss legislative matters related to their Quarter. The Quarter executive body is made up of the technical departments of the Town Executive Council at the Quarter level. The Quarter Bench Courts competence and composition will be determined by law.
6.2.2. Town & Quarter Functional Structures Town Functional Structures: The functional structures of the Town are the structures of the Local Legislative Council, and the Local Executive Council at the Town Headquarters and its Administrative Units structures at the Quarter level only. The Office of the Town Clerk is a single entity made up of the main office. Its administrative and security functions are performed in the same office unless otherwise prescribed by law. The functional structures of the Town Legislative Council are the following: (a) Office of the Chairperson, (b) Council Standing Committees made up of: Coordination Committee, Service Committee, Finance and Planning Committee, Public Works Committee, Security Committee, Public Relations and Ethics Committee, Information and culture Committee, Land Committee. (c) Ad-hoc Committees. The functional Structures of the Town Executive Council are made up of: The office of the Town Clerk and the technical departments which carries out the functions of the Town headquarters: Town Clerks Office General Administration Department of Education Department of Health Department of Public Works Department of Environment Department of Social Welfare
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Department of Community Development Department of Planning Department of Law Enforcement Agencies
The functional Structures of the Town Bench Court: Town Bench (equivalent to 2nd Class Magistrates Court) Quarter Functional Structures: The Quarter Administration is a coordinating caucus which does not have legislative structures. It has a Quarter Executive Council, which has delegated powers from the Town, and it has the Quarter Bench Courts structures. Quarter Executive Council Structures: Executive Officers office Education office Public Health and sanitation office Law enforcement agencies offices Quarter Bench Court: Quarter Bench (equivalent to 3rd Class Magistrates Court)
5.3. COUNTY STRUCTURES 6.3.1. County Corporate Structures The corporate structures of the County are constituted of: the Office of the Commissioner, the Local Legislative Council, the Local Executive Council and the Customary Judicial Council. They make up the structures of the County Headquarters where its general administrative functions are carried out as an authority. The structures of the administrative units of the County Authority are those of its Payam and Boma Councils. The Payam Council as a coordinative administrative unit of the county has corporate structures made up of a Caucus of Legislature, an executive body and the Payam Customary court. The Payam Caucus is a collection of the members of the County Legislative Council from the particular Payam concerned who meet to discuss legislative matters that relate to their Payam. The Payam executive body is made up of the Sections of the Technical departments of the County Executive Council at the Payam level and the Paramount or Head Chieftaincy of the Payam. The Payam Customary Court is the Court of the Paramount Chief/the Head Chief, or Court President. This is named as a Regional Court in Bahr El Ghazal and some parts of Upper Nile and as B Court in Equatoria. The Corporate structures of the Boma Council as the basic administrative unit of the local government are made up of the Boma Assembly, Boma Executive and Boma Customary Court. The Boma Assembly is the legislative body of the people of the Boma concerned who converge from time to time to deliberate on matters affecting their livelihood and territorial area. Its membership is opened to all adult members of the community who attain the age of 18 and above. The Boma executive council of the Boma made up of the Chieftaincies that make up the
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Boma territorial area and the sub-sections of the technical departments of the Payam. The Boma Customary Court is the central court of the Boma (in case there are more than one court in the Boma) the composition and competence of which will be determine by law. It is usually referred to as A Court in Equatoria and as the Executive Chiefs Court in Bahr el Ghazal and Upper Nile. There exist other Boma Courts in Upper Nile known as Sub-chiefs Courts that are equivalent to the Executive Chiefs Courts which will be equated to their respective levels by law.
6.3.2. County Functional Structures The functional structures of the County are comprised of the Local Legislative Council, the Local Executive Council and the Customary Judicial Council at the County Headquarters, as well as its Administrative Units structures at the Payam and Boma levels respectively. Commissioners Office The office of the Commissioner is a single entity made up of the main office and the one of the Office Manager. Its administrative and security functions are performed in the same office , unless otherwise prescribed by law. Local legislative Council Functional Structures: The functional structures of the Local Legislative Council are the following: (a) Office of the Chairperson, (b) Council Standing Committees, made up of: Coordination Committee, Service Committee, Finance and Planning Committee, Public Works Committee, Security Committee, Public Relations and Ethics Committee, Information and culture Committee, Land Committee. (c) Ad-hoc Committees. Local Executive Council Functional Structures The office of the Executive Director and the technical departments which carry out the functions of the County headquarters. Executive Directors Office General Administration Department of Education Department of Health Department of Public Works Department of Agriculture Department of Social Welfare Department of Community Development Department of Planning Department of Law Enforcement Agencies County Customary Judicial Councils Functional Structures County Chiefs Office County Customary Court The Functional Structures of the Payam Administration
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The Payam Administration is a coordinating caucus which does not have legislative structures. It has a Payam Executive Council, which has delegated powers from the County, and it has the Payam Customary Judicial structures. Payam Executive Council Structures Executive Officers Office Education office Health office Agricultural extension office Law enforcement agencies offices Payam Customary Judicial Council structures Office of the Paramount/Head Chief or President of the Regional Court The B Court or Regional Court Boma Functional Structures The Boma Assembly does not have structures, except the Boma Executive and the Judiciary. Boma Executive Council Structures: Office of the Chief/Executive Chief Basic Education unit Social Works unit Health works unit Agricultural works unit Community works unit Boma Judiciary A Court/Executive Chiefs Court
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6
Traditional Authorities
6.1. STATUS OF TRADITIONAL AUTHORITIES
A Framework for Traditional Authority in Southern Sudan will be formulated in addition to the Local Government Framework. The functions described below will be further elaborated in this forthcoming document. A traditional authority shall be an institution at the local government level responsible for issues affecting local communities. The Boma, as an integrated basic administrative unit of the local government, shall be the domain of the traditional authority, with the Chief/Executive Chief holding the position of Boma Administrator. The traditional authority will apply customary law in customary law courts. As the institutions of the people, Traditional Authorities are recognised by the ICSS as vital institutions of local government which play a central role in the administration of the peoples affairs at community level. It is therefore recommended that the lowest strata (chieftainships) of the traditional system of government be incorporated as an administrative component of the Local Government Authority structures. 6.2. FUNCTIONS OF TRADITIONAL AUTHORITIES
6.2.1. Executive Functions (a) (b) (c) (d) (e) (f) (g) (h) (i) Co-ordinate and supervise sub-chiefs in administration of their clan; Resolve conflicts among citizens of the Boma through mediation, conciliation and arbitration; Keep law and order within the Chieftaincy; Supervise the collection of taxes; Supervise day to day activities of sectoral agencies and report on these to the Payam Administrator; Report disasters to the Payam Administrator; Receive returnees, allocate land and distribute food; Write local rules and regulations in relation to social, customary and traditional issues; Inform his/her clan of government and County Council policies and issue directives;
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(j) Actively participate and mobilise his/her clan to prepare and action Boma, Payam and County Development Plans; (k) Raise problems of his/her area to higher authorities; and (l) Mobilise his/her community to build infrastructure such as primary health care units and primary schools in line with relevant plans as co-coordinated by the County Council. 6.2.2. Judicial Functions In addition, the Executive Chief at the Boma level will ensure the smooth operation of the court and equitable decision making including: (a) Exercising judicial functions in relation to traditional and customary law; (b) Trying minor cases, as stipulated by the Judiciary and according to the law; (c) Mediating and resolving land disputes; and (d) Deliberating on local disputes not involving serious injury.
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7
Functions of Councils and Administrations
T
7.1. 7.2.
he following functions relate to all Councils, although there is a clear distinction between the functions of the Urban Councils and the ones of the Rural Councils. Urban Councils perform service industry, social welfare, infrastructure and public health functions. Rural Councils are focused on agricultural production, basic services and community development functions.
A Local Government Authority may entrust any of its functions to the administrative units (Block, Quarter, Payam and Boma levels) upon mutual agreement, provided that resources to carry out such functions are made available. PUBLIC ORDER
The public order functions include the protection of life and property and the maintenance of public order. This involves: (a) Maintaining peace and security in their respective areas; (b) Prevention, detection, apprehension and prosecution of criminals; (c) Upholding the principles of the rule of law; and (d) Fostering and creating an environment for community conflict resolution and reconciliation.
SERVICE PROVISION
Service provision is the hallmark of local governments, as they represent the institutions which are closest to the people. Local governments may undertake any of the functions described in Schedule 1 provided they are within their level of capacity and are in agreement with sectoral agencies and higher government authority. For decentralised services in general, the GoSS will set service guidelines, define national policy, set and enforce standards. States will provide technical oversight, technical advice and monitoring. The GoSS (or the State on its behalf) may also deliver the services that are not taken up by the Councils. The level and complexity of these functions will differ from sector to sector.
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7.3.
DEVELOPMENT
As the leader of the local development process, Local Government Councils are responsible to: (a) Promote the economic, infrastructural and social development of the Council area; (b) Establish a planning unit; (c) Formulate long and short term plans and policies for the area, in line with national plans and policies, through a bottom up/participatory process starting from communities and Bomas. They should include prioritisation based on needs assessments. Higher plans should incorporate lower plans, and the activities of Government, NGOs and other actors providing the citizens with services; (d) Prepare an Annual Plan for their area derived from the Long Term Plan, the proposals of which should be incorporated in the Annual Budget; (e) Monitor the implementation of development plans and policies including those of other actors; (f) Compile and maintain planning databases and information systems for the area; (g) Forward plans to higher levels of government; and (h) Hold an annual review of the budget and annual plan. In urban areas, Municipal and Town Councils should: (a) Prepare, approve and implement land use and local plans; (b) Ensure such plans are subject to public consultation and scrutiny; (c) Ensure plans are approved by the relevant higher authority; and (d) Provide, operate and maintain City, Municipal and Town infrastructure.
7.4.
LOCAL GOVERNMENT PLANNING
The adoption of a relevant local government planning system for Southern Sudan is a key element in the successful management of each local council. Local planning and programming enables each local authority to prioritise community needs and aspirations, determine its resource potential and assess its institutional human capacities. The adoption of a local planning system is expected to lead to a shift from the traditional Sudanese institutional system of routine management to modern program management through which service delivery can be better conceptualised and directed to provide quality services to the people. Currently, Local Government Councils do not prepare local plans and programs nor appropriate budgets. Hence they provide the people in their communities with insufficient and bad quality services. In the light of the above, it is recommended that: 1. Each local authority should adopt a model planning structure that includes the establishment of a Planning Unit as the basic institution through which service delivery will be conceptualised, comprehended and directed. The Council Planning Unit should then be made up of three committees: The Planning Committee, made up of the Council Planning Officer as Chairperson, the Planning Staff of the Council departments as members and one Senior Staff heading the Planning Section as Secretary. The roles and responsibilities of the Planning Committee will be the adoption of the methodology, techniques and tools to be used in planning and the analysis of the data and information needed for planning, as well as those obtained during stakeholders consultations while preparing county plans and programs. The Technical Committee, made up of all the Heads of the Council departments with the Executive Director as Chairperson and the Council Planning Officer as Secretary.
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The roles and responsibilities of this committee will be to prepare sector plans, council plan and program activities. The Leadership Committee, made up of the Council Commissioner or Mayor as chairperson, Executive Director/Chief Executive Officer/Town Clerk as Secretaries, and key stakeholders. The main responsibility of this committee is to endorse council policies, plans and programs prepared by the Council Technical Committee before submission to the Local Legislature.
2.
During the planning process the Council Planning staff will organize consultations with all the stakeholders of the communities, collect their priority needs and aspirations, and obtain the necessary information and data that is required for the planning exercise. The stakeholders who should be consulted are: Community Leaders Council Elders Community Based Organisations (CBOs) Non-Governmental Organisations (NGOs) Private sector institutions UN agencies operating in the council concerned. Stakeholders are expected to provide the information and data which is required for the planning process, participate in planning, get involved in program implementation through service delivery contracts, and evaluate the successes and failures of the councils programmes.
3.
In the planning system the main council inputs will include : Sectoral needs from the GoSS and the States Community needs Partners needs The main outputs of the planning system will include peace and stability, the provision of quality public goods and services to the people, and the improvement of their living standards.
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Service Delivery Functions of Local Governments Government Level Municipality
County
Services GoSS State
Remarks Payam Boma Registration of births and deaths. Although presently done through hospitals this could be a function for County and Municipal Councils. The registration would be centrally maintained. The GoSS recruits, trains and deploys police forces. Counties and Municipalities may manage local police forces. Potentially expensive function but important for Municipalities. The Judiciary should finance and manage all courts down to the Payam level. The Traditional Authorities should run Regional and Executive Chiefs Courts at the Boma level. The Judiciary should finance and manage all courts. All criminal cases at the Boma level should be referred to the relevant authorities. This mainly involves contingency planning and preparation in case of emergencies. Education legislation and policy, as well as the appointment and payment of teachers should be handled by the GoSS and may be ceded to the State level. Pre-schools may be established at any LG level. Including the Town
GENERAL Statistical Office Local Planning Statistics Civil Status Register Electoral Register SECURITY, JUSTICE & CIVIL PROTECTION Police and Prisons Fire Protection Civil Justice Criminal Justice Civil Protection EDUCATION Pre-school
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Primary Secondary Vocational & Technical Higher Education Adult Education HEALTH Primary Health Care Hospitals Public Health/AIDS Ambulances Social Welfare Family Planning/AIDS Population HOUSING & TOWN PLANNING
responsibility for the provision of buildings, materials, teachers etc. Selfhelp pre-schools should be registered at County and Municipal levels. LG would be responsible for buildings. They may provide textbooks. GoSS would provide teachers, curricula, standards, exams, etc. Too complex & expensive a function for LG at this time. Too complex & expensive a function for LG at this time. Too complex & expensive a function for LG at this time. Adult education should be an important activity given low levels of literacy after the war. This area like pre-schools is open for Local Authorities to provide services. Health legislation and policy, Appointment and payment of personnel should all be handled by the GoSS and may be ceded to the State level Primary Health Care Centres could be built by County/Municipal Councils and would be their responsibility. Staffing and medical drugs would be a central function. County, Municipal and Town Councils are expected to have public health units to ensure maintenance of hygiene standards and organise malaria control. Payam and Boma Authorities may also get involve in these activities. Assumed to be a centrally organised function which may be provided by States, County Councils and Municipalities. Assumed to be a centrally organised function which may be provided by States, County Councils and Municipalities.
Housing
Town Planning
Local Authorities would be involved in the planning and regulation of urban construction. Private businesses utilized as contractors. Staff of Councils who are transferable would receive a housing allowance or could be provided with housing by the Councils. County Councils would have to provide this function to the Towns which do not have their own Town Planning Officer. Municipal Councils would have to provide this service. All urban centres should have basic layout plans or Master Plans.
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Strategic/Regional Development Planning
This is a major function for County Councils. Plans should be built up from lower level plans produced by each Payam and possibly each Boma (although Boma plans would be very simple). Municipalities would be involved in the planning process of the counties located close to them so as to ensure appropriate rural-urban linkages. States would, in turn, produce development plans and co-ordinate plans produced by the lower levels. All legislation and major policy issues would be handled by the GoSS Primarily a GoSS function which may also be ceded to the State level. Feeder roads should be maintained by Counties, Payams and Bomas. Transport & Buses could be opened to local authorities and the private sector. Regulation of public transport should be carried out at the Central level though could be delegated to States, Counties and Municipalities for a fee. Policy and major airstrips would be GoSS responsibilities. Smaller strips could be delegated to States.
TRANSPORT & COMMUNICATIONS Trunk Roads Feeder Roads Urban Roads Transport/Buses Vehicle Licences Transport regulation Ports Airports/Airstrips Ferries Post & telecommunication ENVIRONMENT & PUBLIC SANITATION
Water & Sanitation Drains & Sewers Refuse collection & disposal Slaughter-houses Environmental Protection Quarries
Main legislation and policy should be handled by the GoSS, however Local Governments may pass by-laws. Municipal Councils would be obliged to provide a water supply service either directly or by contracting private businesses. Town Councils may provide a similar service. County Councils may install wells and boreholes, and maintenance would be a community-based activity.
Activities such as deforestation, burning, gully and erosion control should be mandatory at all levels. Legislation would be handled by the GoSS, and operations by Councils.
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Trees Grazing National Parks Pollution Advertising Hoardings Statues & Monuments Cemeteries and Crematoria Consumer Protection/Weights & Measures Museums & Libraries Community Halls Culture, Sports & Leisure Facilities Parks & Open Spaces ECONOMIC FUNCTIONS Water Supply/Dams Animal Diseases Agric., Forests & Fisheries Electricity Economic Promotion Trade & Industry Tourism & Wildlife
Tree planting - either ornamentally in urban areas or through deforestation projects in rural areas.
Includes noxious chemicals, pollution of water resources, smoke, etc. Councils should handle advertisements as a source of local revenue. Cemeteries would be obligatory for County and Municipal councils, optional for Towns. Councils may organise price control committees. Official weights and measures would be circulated from national level.
Applies to major water infrastructure. Council activities would be handled through officers seconded from Ministries. Council activities would be handled through officers seconded from Ministries. An important function for all Counties and Municipalities Potential for wildlife and tourism projects where benefits would go directly to the communities as an economic activity and encourage wildlife conservation should be developed. Would need delegation of authority from the Central Government. Municipalities and Towns should allocate leasehold land in urban areas. Communal land would all be allocated at the Boma level. Public land would usually be allocated at the central level.
Land Allocation Markets Taxation
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Regulation of Financial Institutions Regulation of Business
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8
Resources of Local Government Councils
8.1.
FINANCIAL RESOURCE OF LOCAL GOVERNMENT
Local Government authorities should be funded by a mixture of locally raised revenue and grants from the GoSS and donor agencies, such as follows: Local Taxes Property tax Social service tax Gibana tax Land tax Animal tax Sales tax Service/User charges Licences Fees and charges Royalties Agency Fees Court Fees and Fines Permits These are returns from investments and commercial business ventures undertaken by a local authority as a corporate body These are contributions from community members in the form of cash or in-kind.
Local Rates
Local Revenues
Locally Generated Income Community Contributions
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Government Grants
Grants
Donors Grants
Loans
Block grants (and any other types of grants) transferred from the GoSS Ministry of Finance, through the State Ministry of Finance, to Local Governments. This transfer should be based on a specific and simple allocation formula and disbursement criteria. External financial assistance from Donor agencies to Councils can be effected in two ways: Through bilateral agreements, Through a Local Government Fund, which is a fund established as a basket for donor grants directly committed to local government development initiatives. Any direct assistance from NGOs to Counties should be included in the County Annual Development Plan and with the consent of the Ministry of Local Government (except in cases of emergencies and natural disasters) As a corporate body a local authority has the right to borrow from the national banking system as stipulated by the law. In order to create an enabling environment for the necessary financial systems to be effected it is recommended that the GoSS: Expedite the development and enactment of tax legislation so as to clarify which taxes can be collected at the three levels of government. Provide a simple allocation formula for the grants, which would take into consideration the proportional responsibilities and functions of each level. Develop financial rules and regulations to guide financial management. Supervise the establishment of uniform financial systems.
8.2.
COUNCIL ASSETS
Each local authority has property and assets which need to be utilized and controlled to benefit the community. These include the council public utilities, i.e. schools, health centres, community centres, of the community.
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9
Human Resources of Local Governments
Local Government Authorities will be responsible for recruiting their staff on the basis of merit, preparing human resource development programs, conducting staff performance appraisals and ensuring high performance standards in carrying out local government functions. Two types of local government personnel will be appointed to local government authorities: seconded staff and Council staff directly appointed. The following human resources procedures shall be applied: Recruitment of Local Government Administrators The recruitment of Local Government Administrators will be based on the following: (a) A graduate cadre for the recruitment of Local Government Administrators will be determined. (b) Those who withdrew at the secondary level and have a minimum of 5 years of professional experience will be considered. (c) Candidates applying for positions as Local Government Administrators will be required to sit for a written exam. (d) Candidates applying for positions as Local Government Administrators will be required to be 25 years of age and above, medically fit, and of good character. (e) The political appointment of Local Government Administrators will be discouraged. (f) The Local Government Board will develop and adopt recruitment guidelines and procedures for State Authorities. (g) The recruitment process of Local Government Administrative Officers will be gender sensitive. Training of Local Government Administrators The training of Local Government Administrators will be the responsibility of the Local Government. (a) The recruited Cadet Administrators will undergo a 9 month post-graduate course in Public Administration with field assignments or internships during the training. (b) The successful Cadet Administrators will be given an 18 month probation period before the confirmation of their appointment as Local Government Administrators.
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(c)
(d)
(e)
(f)
(g) (h)
Upon the completion of their induction course, Cadet Administrators will undergo practical field experience through Local Council assignments or internships for 6 months as part of their probation period. Before their assignment as Junior Administrative Officers, Cadet Officers work will be assessed. Practical field work reports will be submitted to the State Ministry of Local Government by the County Executive Director, the City/Municipal Chief Executive Officer or the Town Clerk of the Local Government Council in which they have been attached. Junior Administrative Officers will attend a 3 month council management course within one year after the confirmation of their appointment as Local Government staff, so as to qualify as Assistant Executive Officers. Executive Officers will attend a 3 month council management course to confirm their appointment, and a second course to be promoted to the post of Local Government Inspector. Leadership courses for senior Administrators and specialisation courses for all Administrators should be arranged at the beginning of 2007. An Institute for Local Government will be established with immediate effect for the screening and training of existing Administrators, and before the arrangements for a new recruitment process is undertaken.
Transfer of Local Government Administrators The transfer of Local Government Administrators within each State will be the responsibility of the State Ministry of Local Government provided that: (a) The Local Government Board maintains a general list of all Administrative Officers in Southern Sudan according to their badges. (b) The Local Government Board reserves the right to transfer and assignCadet Officers who are under training and during their first 6 months of probation period to work in any State. (c) Internal transfers within States will be regulated and carried out in accordance with Local Government Boards schedules and guidelines. Promotion of Local Government Administrators The promotion of Local Government Administrators will be a shared responsibility between the Local Government Board and the State Authorities. (a) The Local Government Board prepares promotion schedules and procedures, which will then be followed by the State Ministry of Local Government. Confidential reports for each Administrator will be submitted by the Technical Heads of each Local Government Council to the Director General of the State Ministry. (b) The Local Government Board forms Technical Committees to process promotion opportunities upon receipt of the State Ministries of Local Governments recommendations. (c) The Local Government Board prepares the list of promotion opportunities to the State Ministries of Local Government for submission to the State Council of Ministers for final decision. Management of Local Government Administrators The Administrative Officers will be managed and controlled at the State level by the County Executive Director, the City/Municipal Council Chief Executive Officer and the Town Clerk in their respective counties in accordance with the Public Service Rules and Regulations. However, the following requirements need to be observed: (a) It is the responsibility of each Technical Head of the Local Government Council to ascertain that the disciplinary procedures are fair and conducted according to the law.
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(b)
(c)
Each County Executive Director, City/Municipal Council Chief Executive Officer and the Town Clerk should assume the full responsibility to protect all Local Government Administrative Officers under his/her control against any form of political victimisation. Any Administrative Officer who is a victim of any political mischief has the right to appeal to the Local Government Board after having followed all the necessary procedures as provided for by the Public Service Rules and Regulations.
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10
Management of Local Government Councils
There will be two types of local government management: the general and the functional management system. The general management system will be the responsibility of County Councils headquarters. It will entail the preparation and the implementation of plans and programmes for service delivery and local development. It is recommended that local government systems shift from routine to programme management, and to a more effective mobilisation and utilisation of resources for sustainable development purposes. This will require the establishment of planning units in every County Councils. All the stakeholders of the community will be involved in the planning, programming and implementation of services and development activities through the planning units. 10.1. ADMINISTRATION AND STAFFING
Councils will: Elect a Chairperson and Vice Chairperson Mayors and Deputy Mayors in the case of urban areas; Take responsibility for the performance appraisal of the County Executive Director/Municipal Chief Executive Officer including reporting any serious cases of misconduct to higher authorities; Select Committees of Council for formulating policies and plans, and the preparation, implementation and monitoring of the budget; Determine the corporate structure and posts for the Council at all levels with the approval of the state Ministry of Local Government. In the first instance, however, the Local Government Board will provide standard model structures; Appoint, manage, promote and dismiss Local Government staff; Ensure that staff have Terms of Reference and appointment letters; Develop local staff and the human resources of the Council as a whole including the Councillors and Chiefs; Ensure appropriate that codes of conduct for Councillors and Officials are drawn up and adhered to; and Ensure that appropriate performance appraisal and disciplinary procedures are established and implemented.
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10.2.
PROJECT AND PROGRAMME IMPLEMENTATION
Councils and Local Governments will: Design projects and programmes; Co-ordinate project and programme activities of all development agencies operating within their areas; Implement and manage small projects; and Ensure infrastructure maintenance.
10.3.
FINANCIAL MANAGEMENT
10.3.1. Budget Preparation and Approval Local Council budgets should be based on the respective Council Local Funds and Aid Grants Funds. Before the commencement of each financial year, the Finance Committee should prepare an annual budget for approval by the elected Council. The budget for each Council should contain all expected revenues and expenditures for the forthcoming year, including recurrent, operational and capital expenditures. Budgets should be Activity Based to facilitate local understanding and transparency. The GoSS (or the competent State agency, if capacity has been built) should approximately four months before the beginning of each financial year, notify Councils of the provisional amounts of grants they may receive. Council budgets should be prepared according to an agreed calendar and methodology which should be specified by the Ministry of Local Government/Local Government Finance Commission (See Figure 10.2) The process of budget preparation should start in January of every year within Council Committees. Committees should consider both revenues and expenditures. After the committees have produced their first drafts, the budget should be consolidated by the Finance Committee. Councils should review and revise the levels of taxes and rates for Ministerial approval, based on advice from the LGFC. They should make those revisions public at least one month before the start of the new financial year. By March of each year the GoSS/LGFC should inform Councils of their grants allocation. This notification should enable Councils to revise the first draft of their respective budget. The preparation process should also include a period of budget consultation with the community before final approval by the full Council. Not later than June 30 each year, the budget should be approved by the Council by simple majority of at least 60% of the elected Council members, and signed by the Chairperson.
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In case a budget is not approved by a Council before the commencement of the financial year, the Council should spend money under various heads on pro rata basis in accordance with the budgetary provisions of the preceding financial year for a period not exceeding three calendar months. A budget should not be approved if: the required sum to meet expenditures exceed estimated receipts; the new budget is not based on the actual performance of the previous year's budget. Once the GoSS has approved its own budget, it should notify Local Governments of the actual grants they should receive. The authorized Local Government Officer should specify the total contributions made by the communities, which should be included in the budget. When a Council assumes office for the first time, it may present to the Council within 10 weeks a revised budget for approval, so as to remain part of the financial year.
10.3.2. Supplementary budgets In any financial year, supplementary budgets should be determined and presented according to the procedures.
10.3.3. Accounts Local Governments should keep accounts in the manner prescribed by the Ministry of Finance/Ministry of Local Government and according to standard financial forms. The accounts must be balanced and presented in a finalized form within three months after the end of the financial year. Local Governments should hold Annual Performance Review meetings, at which a statement of the accounts should be presented in conjunction with reports on the performances and activities of the Council.
10.3.4. Audit Every Council must have an internal audit department which should prepare quarterly audit reports in a prescribed format. These should be submitted to the Council and the Ministry of Local Government (County Commissioner). The Office of the Auditor General should conduct a regular annual audit of the Local Funds and Grant in Aid Funds of City, Municipal, Town and County Councils during each financial year. The Ministry of Local Government via the County Commissioner may call for a special audit of the accounts of a Council.
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Council Annual Budget and Planning Cycle
JUNE Consider objections made to charges and adopt budget (Council) Seel Ministerial approval for revised rates and taxes Notify constituents of taxes and rates for payment (Executive)
MAY Discuss draft budget and agree on revised taxes and charges (Council) Advertise new charges (Executive)
JULY Obtain final information on grants (Finance Ministry / LGFC) Revise budget (Finance Committee) Implement & monitor budget (Council Committees & Executive) Collect revenues Compile monthly financial statements Adjust budget if necessary Annual audit of previous year, completed by end October
APRIL Adopt annual estimates for Committees and submit to Finance Committee (Council Committees) Prepare draft budget (Executive & Finance Committee) Consult with taxpayers (Councillors & Officials) Finalise budget for submission to Council (Finance Committee & Council Committee)
JANUARY / FEBRUARY Review present budget performance (1st stage of annual review) (Council Committees) Hold Council annual review based on Council Committee reviews (Council & Executive) Initiate preparation of new budget (Council Committees & Executive)
MARCH Review tax/rates by-laws and revise levels for ministerial approval (Council Committees) Wages and salaries negotiations (Council & Executives) Obtain grant ceiling information for LGFC Draw up estimates of incomes and expenditures for each Committee to cover overheads, services and capital development activities (Council Committees)
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10.3.5. Taxes A Council may levy taxes and rates as specified in Schedule 2 by official notification. No tax should be levied without previous publication of the tax proposal, inviting the public for possible objections and obtaining the agreement of the majority of Council members. The Council may increase, reduce, suspend, abolish or exempt the levy of any tax. All the taxes that are levied under the Local Government Act should be assessed, regulated and collected in the prescribed manner. Failure to pay any tax claimable under the Local Government Act will be considered as an offence and the arrears should be recovered. Each Boma Chiefs are the principal tax collectors should be given an incentive to increase tax collection by allowing them to retain 5% of total revenue collected or any other percentage as may be determined by the elected Council.
10.4.
Procurement
Councils and Local governments should: establish and run procurement procedures in line with relevant rules and regulations; Establish and maintain capacity to tender for, issue, manage and supervise contracts.
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11
Legislative Committees of Councils
The Committee system should form the basis of Local Government practices. Councils should establish Standing Committees whose functions will be to: Review and recommend policies, plans and bills in their respective sectors; Initiate and monitor the preparation of the budget; Make adjustments and take corrective actions if necessary; Advise and decide upon any other business as delegated by the Council. Each Committee shall elect a Chairman and a Vice-Chairman from among its members, and report its deliberations to the Council at the earliest opportunity. Coordination Committee Each City, Municipal, Town and County Council should set up a Standing Coordination Committee, whose responsibility will be to coordinate Council functions and perform them on behalf of all Standing Committees when the Council is on recess. It comprises the Chairperson of the Legislative Council and the Chairpersons of all Standing Committees. The Coordination Committee should meet regularly and additional Council officials may be able to attend these meetings as advisors. Finance and Planning Committee Each Council should establish a Finance Committee whose responsibility will be to handle all financial and planning matters of the Council. Meetings of the Finance and Planning Committee should be held at least once a month and a report should be submitted to the Council at least once every quarter. Public Relations and Ethics Committee Each Council should establish a Public Relations and Ethics Committee whose responsibility will be to ensure that complaints raised by the public against the Council administration and staff are addressed, and to investigate those complaints. This Committee will comprise 5 to 7 elected members.
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Public Works Committee Each Council should establish a Public Works Committee whose responsibility will be to review and make recommendations to the Council on infrastructure and public works. Social Services Committee (Education and Health) Each Council should establish a Social Services Committee whose responsibility will be to oversee the provision of education and health services, and make recommendations to the Council on proposals and bills. Meetings of the Social Services Committee should be held at least once a month and a report should be submitted to the Council at least once every quarter. Security Committee Each Council should establish a Security Committee whose responsibility will be to oversee security matters and implement instructions from the City/Municipal, Town and/or County Authorities on security issues. Ad hoc Committees Councils may also form ad hoc Committees to deal with specific issues as needs arise. These committees should be temporary and be dissolved after the resolution of the specific issues.
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12
Proceedings of the Legislative Council
The Legislative Council has to adopt its own proceedings for the conduct of its functions. All Legislative Council sessions will be convened by the Chairperson of the Council. The Councils holds different ordinary sessions every year with the possibility of extra-ordinary sessions. There are two types of sessions: (i) one to elect the Council office bearers, and (ii) another one convened twice a year - at the beginning and at the end of the fiscal year - to vote for the budget. In the performance of the functions of the Legislative Council, the Chief Executive Officer of the City/Municipal Council, Executive Director of the County and the Town Clerk should be the Secretary of the Executive Committee but with no voting rights. City, Municipality, Town and County Council Meetings At their first meeting, City, Municipal, Town and County Councils should elect the Chairperson, Vice Chairperson and the Chairpersons of all Standing Committees who should then form the Executive Committee. They should also elect committee members for the respective Standing Committees. Councils may hold a session at least once every two months, and meet additionaly as needs arise. One of the sessions should be on the Budget and Annual Review. A notice of at least seven days should be given for all meetings. Every Council meetings should be open to the public, unless the Council decides to have a closed session. The public, however, should only observe and not take part in the meeting. A quorum for Council meetings should be 50% of members plus one. At the Budget Meeting, however, a quorum of 60% of members should be required. The decisions of a Council and its Committees should be taken by resolutions passed by a simple majority of the voting members. A copy of each resolution should be transmitted to the relevant unit of the Government.
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Every resolution of a Council should be made in the name of the Council and in conformity with the laws of Southern Sudan, and executed by an officer or Council authority.
If a voting or non-voting member of the Council has any direct or indirect interest in any contract or issue discussed and expected to be voted during the meeting, he/she should withdraw from the meeting. Members of the Council should apply for leave of absence from the Chairperson in the event that they are unable to attend either full Council or Committee meetings. A member of the Council should not spend more than 90 days in aggregate away from his/her constituency in any year. Members of the Council should be paid seating allowances for attending Council meetings, at a rate to be decided upon by the Council under standard guidelines set by the Ministry of Local Government. Boma Assembly Sessions The Boma Assembly has to adopt its own proceedings for the conduct of its functions. The most senior sitting Executive/Head Chief should be the convenor, and is responsible for identifying a Secretary for the Assembly sessions. The Boma Assembly should conduct its proceedings in an informal manner as agreed by consensus of the membership.
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13
Inter-Governmental Relations
Interim Constitution of Southern Sudan Article 52(1) of the ICSS stipulates that: In the administration of the decentralized system of governance in Southern Sudan, the following principles of inter-governmental linkages should be observed: 1. The linkage between the Government of Southern Sudan and Local Governments shall take place through the relevant state organ or institution. 2. In their relationships with each other or with other government organs, all levels of government, particularly Southern Sudan and the States, shall observe the following: Respect the powers and competences of each other; Collaborate in the task of governing Assist each other in fulfilling their respective constitutional obligations. 3. Government organs at all levels in Southern Sudan shall perform their functions and exercise their powers so as: Not to encroach on or assume powers or functions that are conferred upon other level, except as provided for by this Constitution; To promote co-operation, render assistance and support to other levels of government; To promote open communication and coordination between all levels of government; To adhere to procedures of inter-governmental interactions and comity; To respect the status and institutions of other levels f government; and To promote amicable settlement of disputes before attempting litigation. GOSS Local Government Relations In light of the above, Local Government authorities are related to the GoSS through the Local Government Board, which has linkages with the Office of the President of Southern Sudan. Local Government Board Linkages In its intergovernmental relations, the Local Government Board shall maintain linkages with the Office of the President of the Government of Southern Sudan as: 1. A Mandatory Technical Institution of Local Government that reviews the Local Government system in Southern Sudan, and recommends the necessary policy guidelines and action plans to the President of the GoSS, in accordance with the decentralization policy enshrined in the Interim Constitution of Southern Sudan, specified in Article 173 (3).
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2. A GoSS Executive Institution of Local Government that coordinates the affairs of local government councils at all levels and that shall have the authority to set, uniform and enforce common standards, norms and criteria to be adopted by the GoSS for the organization of local government institutions in the States of Southern Sudan, and in accordance with the powers provided for in Schedule B, D and E respectively. In this case, the Chairperson of the Local Government Board shall have the status of a GoSS Minister and the authority to perform those executive functions specified in Article 83 (1) of the Interim Constitution of Southern Sudan, 2005. 3. An advisory body with powers conferred upon its Chairperson to advice the President of the Government of Southern Sudan on matters relating to the status of local government and its operations at all levels of government in Southern Sudan, in accordance with the provisions of sub-Article 173 (1). States-Local Government Relations Local authorities are related to the States in two different ways: Through linkages between the Local Government Board and the States Through direct linkages with the State Ministry of Local Government and Local Authorities. States-Local Government Board Linkages 1. In intergovernmental relations, the Local Government Board shall maintain the following linkages with the States of Southern Sudan: Relates to the State Governors as a GOSS advisory body on matters pertaining to local government policy-making, decentralization process and overseeing the establishment, development and coordination of local government affairs in the states and counties. Technically relates to the State Ministry of Local Government administration in providing Sectoral guidelines on linkages between the state and local government councils strategic plans, budgets, local development funds, training, human resources development, and council management. Administratively relates to the State Ministry of Local in terms of the overall coordination of local government affairs and the enforcement of common standards, uniform norms and criteria for the organization of local government councils in the states. Professionally relates to the state administration in providing conduit services to safeguard the local government interest within the state and at GOSS level to ensure that equity issues are addressed in the development processes of the local government councils. 2. The linkages between the State and local government authorities is through the State Ministries of Local Government which are centred on functional policy making and legislation at the state level of Government so as to effectively coordinate the service delivery function at the Local Government levels. Local Local relations: Local authorities are related to each other through linkages with the Local Government Board and directly within each locality. Local government Board Linkages to Local Authorities The Local Government Board shall generally relate to the local Government councils through the state governments as provided for under Sub-Article 52 (1) (a) of the ICSS. In particular however, the Board shall:
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1. Technically relate to the local government councils in providing guidelines on local governance policy issues, the maintenance of common standards and uniform norms, regulation of council management and addressing issues of performance appraisal in service delivery locally. Professionally relates to the local government councils in guiding them to adopt best practices in their vertical linkages with Sectoral institutions at the state and GOSS levels, and their horizontal linkages with functional units within the council concerned in dealing with cross-cutting issues. 2. Relates in giving patronage to the local government councils in defending them and safeguarding against any unnecessary interference in the performance of their normal functions Local Authority Community Linkages 1. Direct relationship with community members on matters of common interest, including planning, monitoring and evaluation of Council service delivery programmes. 2. Coalition building with civil society, private sector, donor agencies operating within the locality through joint committee meetings, sharing cost of common services, exchange of information and contracting service provision to enhance service delivery to the communities.
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14
Strengthening of Local Governments
14.1. LOCAL GOVERNMENT ASSOCIATIONS Local Government units are free to form Local Government Associations and have relations with other Councils for purposes of strengthening their service delivery capacities, including lobbying at the GoSS level. Such associations should be self-financed. 14.2. LOCAL GOVERNMENT ELECTIONS Franchise Elected members of a Local Government Council (County, City, Municipality and Town) should be elected through universal suffrage in accordance with the Southern Sudan Election Rules and Regulation, to be stipulated by law. Authority for Local Government Elections Local Government elections should be organized, and conducted prior to the first election in Southern Sudan, and supervised by an independent and neutral GoSS Electoral Commission. The Commission may require any person or authority to render assistance for the conduct of the elections, including the preparation of electoral rolls. The Commission may authorise any of its officers to exercise any of its powers and to perform any of its functions under the Local Government Act. The appointment process for the Independent Electoral Commission should be spelt out in an Electoral Act.
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15
Transitional Arrangements
The proposed Local Government Act envisages a fully developed Local Government system with devolved power and authority. Its organization is in line with the bottom-up approach for decentralisation. However, the current situation of Local Governments in Southern Sudan is such that none of the foundation elements of a fully developed system are in place. Additionally Southern Sudan is in a transitional period after decades of war. As a result, it will take no less than two years to organise new Local Government system and structures, and build basic capacities to make them operational. Yet, in the meantime, necessary interim arrangements have to be put in place for re-structuring of the existing system to ensure that the present local councils are able to carryout transitional functions while awaiting for the planned reforms of the current system in line with proposals made in the Local Government Framework for the future establishment of a relevant and viable local government system for Southern Sudan in the future. The following Interim arrangements are recommended: 15.1. ESTABLISHMENT ARRANGEMENTS 1. Consolidation of the present number of Counties pending the adoption of criteria for the determination of viable Local Government authorities. 2. Categorisation of the existing Counties into Urban and Rural Councils, so as to ensure that each type of Local Authority performs its respective functions until they are confirmed by law. 3. Classification of local authorities into four grades according to their current level of development so as to assign them interim functions and allocate them with sufficient resources : Grade A Local authorities which were established in former Town Councils; Grade B Local authorities which were established in former District Headquarters and became State capitals or fast growing towns; Grade C Local authorities which were established in former Area Councils and have existing but ruined infrastructure; Grade D Newly created local authorities, some of which lack basic infrastructure. 4. Formulation and drafting of the Local Government Act and other requisite rules and regulations.
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5. 6.
Formulation of the Local Government Establishment policy document for adoption by Cabinet. Creation of a Ministry for Local government at GOSS level or the assignment of executive functions and powers to the Local Government Board to lead all aspects of the establishment of local government in Southern Sudan.
15.2. FINANCIAL ARRANGEMENTS The newly created Local Governments should be funded through grants and local revenue. The current local taxes and rates should continue to be collected by the Local Government Councils and Administrations during the period prior to the elections.The Councils Administrations should also be expected to further organize their local revenue collection systems in preparation for increased self-funding after the pre- election period. Donor financial assistance should be channelled through Local Government Funds or direct arrangements subject to appropriate agreements with the LGB and the Ministry of Finance.
15.3. STAFFING ARRANGEMENTS Senior staff of Councils should be seconded by the GoSS and/or States during the period prior to the elections. Each Council should be headed by an Executive Director or a Chief Executive Officer. Public services in each County should comprise Local Government Administrators and appointees from the various sectoral ministries. Staff development should be a major activity during the period prior to the elections. In this regard, the Local Government Board has already established a Directorate for Training and has held several training courses. Donors should be invited to support the various aspects of training. Priority should be given to training Local Government Administrators, Planners, Local Government Procurement Officers, Chiefs, Accountants, Store-keepers, Book-keepers, Engineers, Public Health Officers and Clerks.
15.4. FUNCTIONS The main tasks of the newly appointed Councils and Local Government Administrations during the period prior to the elections should be to: 1. Establish Local Government administrations including structures, systems and institutions; 2. Develop local revenue collection systems; 3. Initiate development planning systems; 4. Co-ordinate community driven recovery in the context of County plans and programmes; 5. Educate the public opinion regarding Local Government, democracy and participation; 6. Facilitate the establishment of basic services with the sector Ministries, NGOs and UN agencies; 7. Re-organise the traditional leadership system and conduct training workshops for Chiefs; 8. Prepare the elections; and 9. Build the capacities of Local Governments in general.
15.5. ELECTIONS The appointment procedures for the members to the GoSS and the States Parliaments should be extended to the local council members and determined by the LGB in consultation with the GoSS President. According to the CPA, National Elections are expected to be held within three years after the start of the Interim Period. Local Government elections are expected to be held before the National Elections. Prior to this, Local Government Councillors should be appointed
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by the States in consultation with the Local Government Board. The method used in selecting the members of the Southern Sudan Legislative Assembly members shall be used in selecting the members of the County Councils.
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References
Comprehensive Peace Agreement (CPA) Interim National Constitution (INC) Interim Constitution of Southern Sudan (ICSS) Interim Constitution of the states (ICS) Local Government Acts (LG acts) 1951, 1960,1971,1981, 1991, 1995, 1998, 2003, Acts Local Government Drafts (1-5)
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ake the Towns to the People

THE LOCAL GOVERNMENT FRAMEWORK FOR SOUTHERN SUDAN

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

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Councillor County Decentralization

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Payam Quarter Tax Town

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

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The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

HISTORICAL PERSPECTIVE OF LOCAL GOVERNMENT IN SOUTHERN SUDAN

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The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

2.1. THE PURPOSE OF THE LOCAL GOVERNMENT FRAMEWORK

The Local Government Framework for Southern Sudan

THE CONCEPTS OF THE LOCAL GOVERNMENT FRAMEWORK

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

DEVELOPMENT OF THE LOCAL GOVERNMENT FRAMEWORK

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

3.1. STATUS OF LOCAL GOVERNMENT AUTHORITIES

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

4.1. URBAN COUNCILS

Administrative unit 1 Administrative unit 2

4.2. RURAL COUNCILS

The Local Government Framework for Southern Sudan

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4.4. COMPOSITION OF LOCAL GOVERNMENT AUTHORITIES

The Local Government Framework for Southern Sudan

Proposed Composition of Local Government Authorities

City & Municipal Council

Town Committees Quarter Assembly

The Local Government Framework for Southern Sudan

The Local Government Framework for Southern Sudan

A Quarter Executive A Quarter Bench Court

The Local Government Framework for Southern Sudan

Basic Education unit Social Works unit