COUNCILLORS SHOULD BE RATEPAYERS

Sir,

During During the debate in the Senate on the Ministry of Housing and Urban Development’s Second Quarter Performance Report on Tuesday, November 12, 2004, Senator, Chief Mphatfwa quite rightly proposed stricter eligibility requirements for prospective candidates who have any aspirations of holding an elected position in local government.

The Senator advocating for all elected local councillors to own titled property within the towns they represent (and preferably in the ward they represent) and therefore to be ratepayers; and the need for all elected town councillors to have a minimum standard of education. To which I would add the option to be removed from office by the ratepayers who elected them into office, before the expiry of their term in office for serious misconduct in public office or for poor performance. The senator going on to highlight his concerns over the financial burden being placed on ratepayers due to legal disputes initiated by the ministry against the Mbabane Municipal Council and the need to determine ownership of the informal settlements.


Observations with which ratepayers can empathise

At the recently held Annual General Meeting of the Malkerns Town Council, the Chief Executive Officer, when discussing the audited Financial Statement for 2023/2024, confirmed a surplus of E6,321,079 million. At the same time, using the inconsistent government subvention, currently standing at a reported staggering unpaid E20 million in government rates, as a reason for the town council to focus only on basic service delivery, rather than more impactful interventions. Apparently due to the challenges in financing the development initiatives despite the significant surplus and the slow implementation of the 5 year Integrated Development Plan (IDP). With even the basic but essential amenities, such as public ablution facilities and a co-ordinated transport system still to be addressed.

Or playing devil’s advocate, is the circa E6 million surplus being set aside by the Malkerns Town Board to pay the legal fees, as a result of the appeal initiated by the ministry of the judicial review into the decision taken by the High Court in favour of the local farmers and landowners when declaring Malkerns a town? With the gazetted Legal Notice No. 164 of 2013 issued on September 12, 2013 adding “the area of Malkerns Town Board” as it was formed in 2013. In my opinion, what the ministry also seems to be unwilling to acknowledge is that the Urban Government Act of 1969 [The Act], supported by the Urban Government (Elections) Regulations 1969, already requires an elected town councillor to be a ratepayer. Please allow me to explain.

Regulations

The Urban Government (Elections) Regulations 1969 [the Regulations] made under Section 8 of the Act, draws a very clear distinction between the eligibility criteria to vote in a local election and the qualifications required to stand as an elected councillor. The Regulations make it very clear that to be included on the voters’ roll, an individual must not be less than eighteen years of age; and on the date of his/her application for registration as a voter must be the owner or occupier of immovable property within any ward; and/or “has legally resided or carried on business in the municipality, for at least six months immediately preceding the date of his/her application for registration as a voter”.

The Regulations make it very clear that, to be included on the voters’ roll, an individual is not required to be a ratepayer. However, the qualifications needed to stand as an elected councillor in a local election are very different. An individual wishing to stand as an elected councillor must not only satisfy the voter criteria, but may only be nominated and elected for the ward in respect of which he/she is enrolled as a voter.

Nomination

Crucially, at the date of nomination and at the date of election, an individual must not be disqualified under Section 10(1)(h) of the Act. Which clearly states that an individual shall be disqualified from being elected or from continuing in office as an elected town councillor if he/she “is in default of payment of any rates due to the Council for a period exceeding three months after the same shall become due”. Logically, you can only be in default of the payment of any rates if you are a ratepayer. In my opinion, it was never the intention of the drafters of the legislation that the ratepayers should be represented by a non-resident, who does not really understand nor indeed really cares about the issues affecting local ratepayers; and who is only motivated by the sitting allowance; cash for motions; unauthorised external travel; luxury retreats out of area and other benefits.

Only ratepayers can really understand the issues impacting on other ratepayers and the need to spend the ratepayers’ money prudently. It is also self-evident, that it was never the intention of the drafters of the legislation, to provide a rates exemption certificate to those individuals who are not ratepayers, to allow them by default to stand for election as a town councillor. In my opinion, the Regulations are already very clear on the need for all elected town councillors to be ratepayers, yet have never been properly implemented.

Request

So my respectful request to the ministry of Housing and Urban Development is to carry out an early review and to provide clarity on the current situation; and to ensure going forward that the returning officers better understand the Regulations, to avoid the obvious unwelcome irregularities which occurred in Malkerns at the June 2023 local elections. Hopefully, the ministry will now be making early plans for those elected town councillors who are not ratepayers, to stand down with immediate effect. A ministry which hopefully will now be triggering local bye-elections as a matter of urgency.

As quite rightly suggested by Senator Chief Mphatfwa during the recent debate in the Senate, it really is time to address head on the eligibility criteria to stand as an elected town councillor; to introduce clarity on the current regulations and for some credibility in ratepayer engagement, transparency and accountability, to be brought back into local government.
Before the damage already done by unqualified and disinterested elected town councillors who are ratepayers, is not viewed by the ratepayers and residents as irreparable and a ministry which is no longer to be trusted.

MCD

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