COUNTRY PROFILE 2017–18 THE LOCAL GOVERNMENT SYSTEM IN ZAMBIA SUMMARY Zambia is a democratic republic with two spheres of government, national and local. There is constitutional provision for local government and the main governing legislation includes the Local Government Act 1991 and the Local Government Elections Act 1992. The 103 local authorities are overseen by the Ministry of Local Government and Housing and consist of four city councils, 15 municipal councils and 84 district councils. There are also ten provinces, which are purely administrative. At the local elections in 2011, 6.2% of councillors were women. Following the 2016 national election, 18.0% of elected representatives were women. Local governments must establish and maintain roads, bridges, ferries, watercourses, street lighting and public transport, as well as provide firefighting and prevention, and environmental health services. Councils must also provide and maintain supplies of water; maintain drains, sewers and roads; and dispose of sewage and refuse. They must maintain cemeteries, crematoria and mortuaries, parks, zoos, gardens, pleasure grounds, camping grounds, caravan sites, art galleries, libraries, museums and film services.

1. NATIONAL GOVERNMENT ■■ development, planning and Zambia is a democratic republic with administration principles, standards and a unicameral parliament, known as the requirements for urban and regional National Assembly.52..1a The head of state planning processes and systems and government is the president, who is ■■ a framework for administering and directly elected for a five-year term and managing urban and regional planning a maximum of two terms. The National ■■ guidelines for establishing accountable, Assembly has 150 elected members transparent, participatory and inclusive and not more than ten (usually eight) process for urban and regional nominated members. Elections are planning that allows for involvement conducted using the first-past-the-post of communities, private sector, interest KEY FACTS system in single-member constituencies, groups and other stakeholders and members sit for a term of five years. ■■ guidelines on ensuring functional

The president appoints the vice-president efficiency and socioeconomic POPULATION (2017 estimate): 16,405,229 and cabinet from amongst the members integration by providing for the of the national assembly; no more than integration of urban activities, uses and AREA (UN 2006): five members of cabinet can be appointed facilities 752,612 sq km from amongst the nominated members. ■■ procedures for integrated urban Following the 2016 national election, 18.0% and regional planning in a devolved CAPITAL: of elected representatives were women.52.1b system of governance so as to ensure Lusaka multi-sector cooperation, coordination CURRENCY: 2. LEGAL BASIS FOR and involvement of different levels of Zambian (ZMK) LOCAL GOVERNMENT government, traditional leaders and 2.1 Constitutional provisions other stakeholders HEAD OF STATE AND GOVERNMENT: President Part 8 of the constitution52.2a provides for ■■ the promotion of environmental, a system of local government comprised social and economic sustainability in FORM OF GOVERNMENT: of councils elected on the basis of development initiatives and controls at democratic republic universal adult suffrage. all levels of urban and regional planning. PARLIAMENTARY SYSTEM: unicameral 2.2 Main legislative texts 3. STRUCTURE OF LOCAL GOVERNMENT STATE STRUCTURE: The relevant legislative texts are: 3.1 Local government within the state 52.2b unitary state ■■ Local Government Act 1991 (Cap. 281), The government approved a national and amendments: Act No. 19, 1992; Act decentralisation policy in November LANGUAGES: No. 30, 1993; Act No. 13, 1994; Act No. 30, 2002, following two previous failed English (official); Bemba, Kaonde, Lozi, 1995; Act No. 22, 1995; Act No. 8, 2004; attempts in 1968 and 1980. The policy Lunda, Luvale, Nyanja, Tonga (recognised) Act No. 9, 2004; and Act No. 6, 2010 covers aspects such as empowering local

■■ Local Government Elections Act 1992 people through setting up sub-district NATIONAL ELECTIONS: last: 2016, turnout: 54.4%; next: 2021 (Cap. 282) amended twice. structures, and clearly defined roles and responsibilities for local authorities, the WOMEN IN PARLIAMENT (2016): 2.3 Proposed legislative changes provinces and national government. 18.0% Additionally, it states that the ultimate No information is available aim of the government is decentralisation LOCAL ELECTIONS: through devolution, although the process last: 2016, turnout: 54.7%; next: 2021 2.4 National urban policy will start with de-concentration of services WOMEN COUNCILLORS (2016): There is no national urban policy in while capacity is being developed in the 8.1% Zambia; however in 2015 the Urban local authorities. The objective of the and Regional Planning Act was passed. policy is to enhance governance, by giving LOCAL GOVERNMENT EXPENDITURE This Act provides a comprehensive citizens more authority and power in as a percentage of total government modern legislative framework for urban decision-making at the local level. expenditure 2012: development, namely: 0.9%

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Table 52.1a Distribution of councils and population

Province Cities Municipal District Total number Population Population % rural councils councils of councils (2010 Census) (2017 estimate) (2010)

National – na na 11 1,267,803 na na

Copperbelt 3 na na 10 2,305,258 na na

Eastern – na na 9 1,766,300 na na

Luapula – na na 11 1,099,151 na na

Lusaka 1 na na 8 2,669,249 na na

Muchinga – na na 7 858,179 na na

Northern – na na 9 1,264,212 na na

North Western – na na 9 811,706 na na

Southern – na na 13 1,799,885 na na

Western – na na 16 975,282 na na

Total 4 15 84 103 14,817,025 16,405,229 41.5

Source: MLGH communication with CLGF, the 2010 census52.3a and the 2017 population estimates52.3b

3.2 Ministerial oversight boards have been abolished and local and diversification in economic activities, The Ministry of Local Government and authorities have been given full licensing while the municipal councils cover the Housing (MLGH)52.3c is responsible powers, following the repeal of the suburban regions. District councils are for overseeing local government. The Liquor Licensing Act (Cap. 167). With the located in those relatively rural districts mission of the ministry is ‘to promote enactment of the Local Government which have less population and rely a decentralized and democratic local Amendment (Act No. 6, 2010), the Local heavily on agriculture, and hence have government system and facilitate Government Service Commission has fewer local tax revenue resources. the provision of efficient delivery been re-established with oversight from However, legally all councils have the of quality housing, infrastructure MLGH. The commission is mandated to same mandates and authority vis-à-vis and other social services by local hire, fire, promote, demote and discipline their residents and national government. authorities and other stakeholders for officials of all councils. MLGH has also There are also ten provinces, which are sustainable development’. MLGH has been responsible for providing various used for purely administrative purposes: the following six departments: Human national grants to councils, including the National, Copperbelt, Eastern, , Resources and Administration, Local Constituency Development Fund (see Lusaka, , Northern, North Government Administration, Housing Section 9.3). Western, Southern and Western. Each and Infrastructure Development, province is headed by a provincial Physical Planning, Government Valuation minister appointed by the president and Decentralisation. MLGH is also 3.3 Council types and there are provincial departments responsible for the following statutory There is one tier of local government. of national government ministries. bodies and institutions: Chalimbana Local governments are called councils A council has both legislative and Local Government Training Institute, the and there are currently 103 councils – administrative wings. In the legislative National Housing Authority, the National four city councils, 15 municipal councils wing, councillors are directly elected by Fire Services Training School and the and 84 district councils. In general, city universal adult suffrage on the first- Local Authorities Superannuation councils are located in those urban past-the-post system as representatives Fund. The provincial liquor licensing districts which have more population of the residents. The officials working in the administrative wing are hired by the Local Government Service Commission from either within or outside the district. Table 52.1b Women councillors and mayors following the last three local elections

Election 2006 2011 2016 4. ELECTIONS Councillors # % # % # % 4.1 Recent local elections The last local government elections were Female councillors na 7.3 85 6.2 132 8.1 held alongside the presidential and parliamentary elections in 2016 with Male councillors na 92.7 1,297 93.8 1,492 91.9 a turnout of 54.7%.52.4a The next local Total councillors na 100.0 1,382 100.0 1,624 100.0 elections are scheduled for 2021.

Chairpersons # % # % # % 4.2 Voting system Female mayors na na na na 9 8.3 No information is available.

Male mayors na na na na 100 91.7 4.3 Elected representatives Total mayors na 100.0 na 100.0 109 100.0 The term of office for the mayor or council chairperson, who is elected by councillors Source: Gender links 201252.4b and communication with LGAZ from among themselves, is five years.

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Table 52.2a Aggregate income and expenditure for local government 2012 the main communication channel between MLGH and councils. Provincial Income ZMKbn Expenditure ZMKbn local government officers (PLGOs) are Centre–local transfers Administration mandated to supervise and provide guidance to the councils within their Restructuring Grant 25.2 Staff na provinces, while local government auditors audit the financial accounts Recurrent Grant 80.5 Property na of the councils, including the financial Capital Grant 125.5 Other na management of capital projects funded by the Constituency Development Fund Grant in Lieu of Rates 25.5 Services (see Section 9.3). Other initiatives include:

Locally raised revenue na Water na ■■ In 2008, MLGH launched its Wide Area Network, a computer-based Property taxes na Road maintenance na network aiming to connect the MLGH headquarters and satellites at the Licences and fees na Other na national level, all the provincial branches, TOTAL INCOME >256.7 TOTAL EXPENDITURE >256.7 as well as all 103 councils in the country. ■■ The National Assembly operates a Source: MLGH communication with CLGF committee system, which includes a committee on local governance, housing 4.4 Women’s representation and the private sector – for their planning and chiefs’ affairs, where policy issues and Following the 2016 elections 8.1% (132/1,624) and budgeting. activities relating to local government of elected councillors were women, up from are scrutinised. The proceedings of the 6.2% in 2011. *.3% (9/109) of mayors elected 5.3 ICT use in citizen engagement committee are open to the public, and in 2016 were women. (see table 52.1b) Since internet access is still limited to the committee is, whenever necessary, urban areas or to those who can afford entitled to seek public input in written 5. SYSTEMS FOR mobile-phone access, e-government form on issues under consideration and COMMUNITY INVOLVEMENT has been very sparingly used in service to invite any members of the public to 5.1 Legal requirement delivery by councils. their meetings as witnesses. Councillors Following the adoption of the and council officials, if appropriate, can be invited to committee meetings or the national decentralisation policy it was 6. ORGANISED LOCAL GOVERNMENT public forum. a requirement to create sub-district There is a single voluntary national structures called area development association for all councils: the Local committees (ADCs) to enhance Government Association of Zambia 8. MONITORING SYSTEMS community involvement in local decision- (LGAZ).52.6 Its principal objective is to Each council’s annual accounts should making processes. To provide legal protect and promote the interests of local be finalised no later than six months after backing to ADCs, an amendment to the government in Zambia. The association the fiscal year-end. Local government existing Registration and Development of has no legal or constitutional recognition, auditors appointed by MLGH then visit all Villages Act is in preparation. In addition, however, and is funded through 103 councils to audit their annual financial the Urban and Regional Planning Bill, if membership subscriptions. All the 103 accounts. Audit reports are submitted enacted, will require councils to involve councils are associates of LGAZ and the to both the council and the ministry, communities more in their planning and association has provincial boards under its and each council submits an ‘action budgeting processes. executive board at the national level. LGAZ taken’ report within 60 days of receipt organises an annual conference, which of its audit report. MLGH consolidates these reports and submits them to the 5.2 Implementation includes a session where the associates parliamentary committee for scrutiny. Some councils have developed participatory (councils) and MLGH directly discuss MLGH also scrutinises council minutes. planning and budgeting mechanisms, concerns raised by the associate councils. MLGH issues a budget circular together with some external assistance. MLGH issues When necessary, LGAZ follows up the with budget guidelines every year. PLGOs annual budget guidelines to all councils, issues raised in the session with MLGH. are mandated to provide supervision as well as guidelines on the utilisation and guidance to the councils within their and management of the Constituency 7. INTERGOVERNMENTAL RELATIONS provinces in the budget-making process. Development Fund (see Section 9.3). When necessary, MLGH convenes The MLGH headquarters, through the These guidelines always emphasise representatives from relevant councils Department of Local Government and the importance of consultation with to collect views. The office of the Housing, scrutinises the budget estimates stakeholders – both the local community provincial local government officers submitted by councils through PLGOs and and civil society organisations, non- and auditors, represents MLGH within corrects them, if necessary, in accordance government and faith-based organisations the 10 provincial capitals and acts as with the budget guidelines or the budget ceilings of the grants approved by the Table 52.2b Local government expenditure National Assembly. The minister of local as a percentage of total government expenditure 2012/13 government and housing approves councils’ budget estimates. Councils are 2012/13 actual also directed to submit quarterly receipts and payments accounts to MLGH through Total government expenditure 27,698.2 their local PLGO, together with copies of their meetings’ minutes and resolutions; Total local government expenditure >256.7 as well as annual receipts and payments Local government expenditure as a percentage of total government expenditure 0.9% accounts together with their own budget performance analysis to MLGH. Source: Table 52.2a and the national budget statement52.9

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9. FINANCE, STAFFING AND RESOURCES 10. DISTRIBUTION OF SERVICE medium-term expenditure framework/ 9.1 Local government expenditure DELIVERY RESPONSIBILITY activity-based budget (MTEF/ABB) No information is available on local 10.1 Overview of local government guidelines in seven councils as a way of government expenditure as a proportion service delivery responsibility strengthening the tracking system on the of total government expenditure. The Local Government Act 1991 use of public funds. stipulates 63 functions that councils 9.2 Locally raised revenue may discharge. Around half these 10.3 The role of local government functions focus on investment and Although councils are responsible for in achieving the UN Sustainable maintenance of infrastructure and raising and collecting local taxes and user Development Goals (SDGs) are the sole responsibility of the fees, not all have been able to collect their In 2015, the Government of Zambia and individual council. These include the local revenues as budgeted. There is no the UN signed a Sustainable Development establishment and maintenance of comprehensive data available from MLGH Partnership Framework that governs the roads, bridges, ferries, watercourses, on the revenues collected by councils. work of all UN agencies on the SDGs in street lighting and public Zambia from 2016 to 2021.52.10 transport services, firefighting and 9.3 Transfers prevention services and environmental REFERENCES AND USEFUL WEBSITES Under Section 45 of the Local health services. Councils must also Government Act 1991, the government provide and maintain supplies 52.1a Zambia national government must make grants to local authorities for of water as well as establish and www.parliament.gov.zm services including water and sanitation, maintain drains, sewers and works for 52.1b Women in national parliaments primary healthcare, fire protection, roads, urban and feeder roads, and dispose www.ipu.org/wmn-e/classif.htm municipal police, primary education of sewage and refuse. They must 52.2a and agricultural support. Education and maintain and establish cemeteries, http://unpan1.un.org/intradoc/ health are the responsibility of national crematoria and mortuaries, together groups/public/documents/cafrad/ government and, although there have with parks, zoos, gardens, pleasure unpan004847.pdf been attempts to decentralise these grounds, camping grounds, caravan 52.2b Local Government Act 1991 http:// services, they are not yet devolved sites, art galleries, libraries, museums faolex.fao.org/docs/pdf/zam92634.pdf to local government. The ministries and film services. Councils also have 52.3a 2010 Population and Housing of education and health have so far joint responsibility, alongside various Census www.zamstats.gov. de-concentrated their functions down sector-specific government agencies, zm/phocadownload/2010_ to the district level. MLGH distributed for: the conservation of natural Census/2010%20Census%20 its 2012 grants to councils under the resources; the protection and control of%20Population%20 following headings: Restructuring of local forests and woodlands; the National%20Analytical%20 Grant (ZMK25.2bn), Recurrent establishment and maintenance of Report.pdf Grant (ZMK80.5bn), Capital Grant farms and allotment gardens; and the 52.3b Census projection 2011–2035 (ZMK125.5bn), and Grant in Lieu of Rates storage, marketing and preservation www.zamstats.gov.zm/index.php/ (ZMK25.5bn). In 2010 the government of agricultural produce. They further publications/category/55-census- implemented a formula-based grant share responsibility for establishing and projections system in regard to the Recurrent Grant. maintaining colleges, schools and day 52.3c Ministry of Local Government and Plans are underway to extend this and nurseries, public swimming baths and Housing www.mlgh.gov.zm to subject all grants to predetermined other social/recreational facilities, for criteria so as to enhance accountability postal services, and for the promotion 52.4a Electoral Commission of Zambia in the use of public funds at local level. It of road safety. Finally, councils are www.elections.org.zm is also anticipated that a performance- mandated to prepare and administer 52.4b Gender links (2012) ‘Where are all based grant system will be in place to schemes for the encouragement the women?’ http://genderlinks. support the devolving sectors. of and participation in community org.za/programme-web-menu/ development, targeting some services publications/where-are-all-the- women-2012-04-19 9.4 Loans at marginalised groups. 52.5 No reference for this section Article 47 of the Local Government Act 1991 states that a council may borrow such 10.2 ICT use in service delivery 52.6. Local Government Association of sums of money as may be required for A number of initiatives are being Zambia www.lga-zambia.org.zm the purpose of discharging its functions undertaken by the government, and the 52.7 No reference for this section in all or any of the following ways: (a) by number of ICT projects has increased 52.8 No reference for this section loan under Article 45; (b) by the issue of over the years, especially in the public 52.9 National Budget Statement stock or bonds; (c) by mortgage; d) by sector. Examples include the Integrated www.parliament.gov.zm/sites/ temporary loan or overdraft from a bank Financial Management Information default/files/images/publication_ or other source; (e) by loan from any other System (IFMIS) project, the Payroll docs/2016 Budget Speech - 9 source. Article 48 states that no council Management and Establishment Control October 2015.pdf shall borrow money or receive any grant project and the building of a Wide Area 52.10 Government of Zambia and of money from a foreign government or Network (see Section 7), which is essential UN sign framework agreement foreign organisation. to the establishment of e-government. www.qfmzambia.com/2015/11/19/ The policy goal is ‘to improve public zambia-ready-for-sdgs- 9.5 Local authority staff sector management as well as efficient challenges-wina and effective delivery of public goods and National government does not pay any 52.11b UN statistics surface area services through the implementation of salaries of those working in council- http://unstats.un.org/unsd/ e-government systems’. As a first step, run establishments. Councillors demographic/products/dyb/ national government has mobilised (elected representatives of councils) are dyb2006/Table03.pdf resources to connect MLGH to all the remunerated by allowances from their 52.11a UNDP HDR Zambia country provincial offices and councils in Zambia. council but are not paid salaries. profile http://hdr.undp.org/en/ In 2010 the government piloted its countries/profiles/ZMB

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Annex 52a Summary of service provision in different spheres of government in Zambia

Delivering authority

Services National government Local government Remarks GENERAL ADMINISTRATION Police n Fire protection n Civil protection n Criminal justice n Civil status register n Statistical office n Electoral register n EDUCATION Pre-school (kindergarten and nursery) n Primary n Secondary n Vocational and technical n Higher education n Adult education n SOCIAL WELFARE Family welfare services n Welfare homes n Social security n PUBLIC HEALTH Primary care n n Hospitals n Health protection n n HOUSING AND TOWN PLANNING Housing n n Town planning n n Regional planning n n TRANSPORT Roads n n Transport n Urban roads n n Urban rail n Ports n Airports ENVIRONMENT AND PUBLIC SANITATION n Water and sanitation n Refuse collection and disposal n Cemeteries and crematoria n Slaughterhouses n n Environmental protection n n Consumer protection CULTURE, LEISURE AND SPORTS n n Theatre and concerts n n Museums and libraries n Parks and open spaces n n Sports and leisure n/a n Religious facilities UTILITIES n/a Gas services n/a District heating n Water supply n Electricity ECONOMIC n n Agriculture, forests and fisheries n n Local economic development/promotion n n Trade and industry n n Tourism n n

n sole responsibility service n joint responsibility service n discretionary service

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