The Palestinian Economy. Theoretical and Practical Challenges

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Zagha
Such failures are found in the renaming of the city of Small Abasan to New Abasan in the
Gaza Strip where the decision was taken by the President of the PA instead of the Council
of Ministers. Another example involves decisions issued by the Minister to establish
agricultural villages in the Gaza Strip in 1997 where there was no reference to the LGL,
but only to the previous British Mandate Law.
4.1.2. Functions of the Authorities of LGUs
Similar to the 1955 Municipality Law, in the Local Authorities Law of 1997, Article
15(A) the “functions of the Council” are specified in a list of at least twenty-seven items
including: town and street planning, building and construction permits, water supply and
power supply.
The Municipal Council has the capacity to delegate some of its functions to
contractors for up to three years with the Minister’s approval. The corresponding
paragraph in the Jordanian Law extends this period to thirty years.
The Municipal council is authorised to set up regulations to enable it to carry out
any duty or to execute any power as stated above, with the Minister’s approval
[Article 15(b)].
Upon examining the degree of actual application of the above, the following findings
were compiled:
• The Ministry of Local Government (MoLG) has prepared no fewer than sixteen
regulations/bylaws based on article 15 of the LGL. 29 However, since the power to
issue such regulations lies with the councils of LGUs – not with the ministry –
their legality is questionable, as the court found them ultra vires (i.e., issued
outside the scope of authority).
• None of these regulations has been published in the official Palestinian Gazette.
29 Such as, Banana Fermentation Regulations no. 5, 1998; Entertainment Fees Regulations, 1999;
Demolition of dangerous Buildings Regulation, 1999; and Regulations Concerning Local Authorities’
Chairpersons, 1998.