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NACOMA Project – Preparation PhaseAnalysis of the Institutional Capacity in the Namib Coast Regional CouncilsThe decentralisation process is characterised by two phases, namely delegation anddevolution. Delegation entails the decentralisation of a function from a line ministry toenable and empower Regional Councils or local authorities to perform the function as anagent on behalf of the line ministry while devolution, in turn, provides regional and localauthorities full administrative decision-making and budgeting and planning powers.Devolution normally remains the ultimate goal of decentralisation processes. The policyof decentralisation in the context of Namibia is aimed at devolution but within theframework of a unitary state. 4 However, neither delegation nor devolution has yet takenplace up to date, although the decentralisation process is on the brink of entering thedelegation phase. 5 The first ministries to delegate are expected to do so during the nextfinancial year. It is likely that the Ministry of Basic Education, Sport and Culture(MBESC), Ministry of Information and Broadcasting (MIB), Ministry of Women Affairs,and Child Welfare (MWACW) and the Ministry of Agriculture, Water and RuralDevelopment (MAWRD) will be among them.The Namibian decentralisation process provides for delegation and devolution in thefollowing spheres 6 : (a) political, (b) financial, (c) administrative, (d) changed centrallocalrelations, and (e) functional. These elements, thus, form an integral part of theDecentralisation Policy.3. BRIEF REVIEW OF THE DECENTRALISATION PROCESS THUS FARGiven the relatively “young” status of decentralisation, it is difficult to make a thoroughassessment of the process as many tangible results may still be obscured because theyare, silently or behind the scenes, in progress. However, considering the close linkbetween NACOMA and decentralisation such an assessment is necessary, not only interms of how decentralisation can aid progress in terms of sustainable coastaldevelopment but what dangers and obstacles may stand in the way of NACOMAachieving its results within the determined timeframe of the project.Countries in Southern Africa have experienced considerable political and economicliberalisation that has resulted in a push to change the role and instruments of nationaldevelopment planning systems in these countries”. 7 In response to these trends, mostgovernments vigorously pursued strategies to facilitate the transfer of specified authority,responsibility and resources from central government level to regional and local authoritylevels. In Namibia, this trend became increasingly conspicuous as a result of centralgovernment’s drive towards the promotion of participatory democracy and socioeconomicdevelopment in the Namibian society. This trend, which became officially4 MINISTRY of Regional and Local Government and Housing, 1998. Decentralisation in Namibia: ThePolicy, Its Development and Implementation.5 This is dependent on Cabinet’s approval of the MRLGH’s Decentralisation Implementation Plan.6 MRLGH, 2004. Draft Decentralisation Implementation Plan.7 Haddingham, T.J., Paige, M.A., and Smith, G.N., 2002. A Comparative Review of the Role ofDevelopment Plans as Tools to Support Decentralisation in Six Southern African Countries.7
NACOMA Project – Preparation PhaseAnalysis of the Institutional Capacity in the Namib Coast Regional Councilsknown as decentralisation, was preceded by the establishment of appropriate institutionsand policies to propel the process coherently.3.1 LEGAL AND POLICY CONTEXTIn Namibia, the existence of Regional Councils is facilitated and supported by theNamibian Constitution (1990) that provides for the establishment of structures of regionaland local government in Namibia. The imperative to decentralise is clearly espoused byChapter 12 of the Constitution, which stipulates “For the purpose of regional and localgovernment, Namibia shall be divided into regional and local units, which shall consistof such regions and local authorities as may be determined and defined by Act ofParliament” (Article 102(1)). 8 The legal basis for these authorities is further accentuatedby four fundamental pieces of legislation, namely, the Regional Councils Act (Act No. 22of 1992) – referred to in this document as ‘the Act’, the Local Authorities Act (Act No.23 of 1992), the Trust Fund for Regional Development and Equity Provision Act (ActNo. 22 of 2000) and the Decentralisation Enabling Act (Act No. of 2000).o The Traditional Authorities Act (Act No. 25 of 2000) and the Council of TraditionalLeaders Act (Act No. 13 of 1997) – the former provides for the establishment oftraditional authorities and their jurisdiction (inter alia), whereas the latter provides forthe establishment of the Council of Traditional Leaders and its powers, functions andduties.o The Regional Planning and Development Policy, 1997, provides the framework forplanning and development in the regions.o The Decentralisation Policy was approved by Cabinet in 1996, adopted by theNational Assembly in 1997 – and subsequently officially launched/ implemented in1998. The Decentralisation Enabling Act (Act No. 33 of 2000) provides for, andregulates, the decentralisation to Regional Councils and local authority councils offunctions vested in line ministries, (NDP2).o Additional relevant legislation is the Community Courts Act, (Act No. 10 of 2003) andthe National Housing Development Act (Act No. 28 of 2000).Currently, the Regional Councils Amendment Bill, 2003, which amends the RegionalCouncils Act, 1992, aims ‘to adjust the period within which general elections formembers of Regional Councils are to be held; to make a consequential adjustment to theperiod of office of members of Regional Councils; and to provide for incidental matters‘,and is under consideration for amendment in the National Assembly. All in all, therelevant legislation provide for a sound legal basis for the Decentralisation process.3.2 STATUS OF THE DECENTRALISATION PROCESSTo effect the implementation of the Decentralisation Implementation Plan (DIP), theDirectorate of Decentralisation Coordination (DDC) (within the MRLGH) has developeda three-sponged strategy, focusing on:o The establishment of Cross Ministerial Decentralisation Taskforces (CMT) –consisting of representatives of line ministries, regional and local authorities – to8 MRLGH, 2003. Manual for Local Authority Councillors in Namibia.8
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