Parliament shall within five years of the commencement of this Constitution provide for the establishment of a single country-wide system of local government which is based on the tinkhundla system of government, hierarchically organised according to the volume or complexity of service rendered and integrated so as to avoid the urban/ rural dichotomy.
The primary objective of the tinkhundla – based system of government is to bring government closer to the people so that the people at sub-national or local community level progressively take control of their own affairs and govern themselves.
Local government shall be organised and administered, as far as practicable, through democratically established regional and sub-regional councils or committees.
219. Local government areas
Parliament shall provide for the division of Swaziland into as many local government areas as the Elections and Boundaries Commission may from time to time recommend.
In defining local government areas the Commission shall –
take into account existing chiefdom areas;
redraw tinkhundla boundaries as may be necessary;
integrate urban and rural areas where necessary;
take into consideration .
the population, the physical size, the geographical features, the economic resources, the existing or planned infrastructure of each area;
the possibilities of facilitating the most rational management and use of the resources and infrastructure of the area,
with a view to ensuring that a local government area is, or has the potential for becoming, economically sustainable.
The boundaries of chiefdom areas may be changed subject to section 115.
A town or city may be divided into two or more areas of local government.
Local government areas may be rural or urban or partly rural and partly urban.
Subject to the recommendations of the Commission, Parliament may abolish a local government or alter the boundaries of a local government area.
220. Administration of local government areas
A local government area shall be administered by an elected or appointed, or partly elected and partly appointed council or committee as Parliament may prescribe.
Subject to re-election or re-appointment, the term of office of a council or committee shall be similar to that for members of Parliament.
221. Duties of a local government authority
The primary duty of a local government authority is to ensure, in accordance with the law, the efficient management and development of the area under its jurisdiction in consultation with local traditional authority where applicable.
A local government authority may maintain and protect life, public property, improve working and living conditions, promote the social and cultural life of the people, raise the level of civic consciousness, preserve law and order within its area and generally preserve the rights of the people in that area.
Depending on its level of development, a local government authority shall determine, plan, initiate and execute policies, taking into account national policy or development plan.
A local government authority shall organise and promote popular participation and cooperation in respect of political, economic, cultural and social life of the area under its control.
A local government authority may oversee the performance of persons employed by the Government services or implementation of Government projects in the area of that local government authority.
222. Power to raise revenue, etc
Subject to any other law a local government has power-
to levy and collect taxes, rates, duties and fees as may be specified for the execution of its programmes and policies;
to formulate and execute plans, programmes and strategies for the effective mobilisation of the resources necessary for the overall benefit and welfare of the people within its area.
223. Subvention of local governments
The Government shall where necessary allocate funds and necessary expertise for the assistance of local governments.
224. Integration of development programmes
The development programmes of a local government shall where appropriate be integrated into the national development plan to be mainly funded by the Government.
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There shall be designated a ministry to be responsible for the management of local government affairs.
For effective management, the affairs of the ministry shall be divided along the four Regions headed by regional administrators in terms of this Constitution.
Each Region shall be divided into various local government areas as provided under sections 80 and 219.
For purposes of this chapter, chiefs shall be under the general oversight of the ministry for local government.
226. Constitution of local government authorities
Subject to the provisions of this Constitution, Parliament shall make provision for the constitution, powers, election, membership, vacation, qualification and regulations, accountability, auditing, control and supervision of local government authorities.
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