Municipal Demarcation Board Presentation On Public Hearings On The Discussion Document On Traditional Leadership And Institutions

Municipal Demarcation Process
· Municipal Demarcation Act requires the Board to (I) cover the whole territory of SA with municipalities and (ii) consider a range of objectives and factors dealing with social and economic functionality, viability and ability to deliver services.
· Cognisance must be taken of "areas of traditional rural communities"

Traditional Rural Communities
No complete record of all recognised traditional authority areas.
· Issues around legal description of each traditional authority.
Issues around some traditional communities
extending into 'state' and 'privately-held' land.
· Issues around non-continguity and
demarcation of traditional rural communities

Traditional Authorities
· Eastern Cape: 186
· Free State: 12
· KwaZulu-Natal: 277
· Mpumalanga: 47
· Northern Provi nce: 189
· North-West: 62
· However, there are discrepancies.

MDB Integrated Data Base
· Legal descriptions of areas of traditional rural communities are continually being updated

Developmental challenges:
Backlogs in service delivery
· Huge developmental challenges in areas of traditional rural communities
· Extent of all backlogs in water, electricity, telephones, sanitation in traditional authority areas as a percentage of total provincial backlogs is as follows: Eastern Cape (50-60%), KwaZulu-Natal (60-80%), Northern Province (70-90%), Mpumalanga (40-60%), North-West (40-60%), Free State 20-30%)

Developmental challenges: the land question
· Areas covered by Traditional
Authorities: 68944 square kilometres (6%)
· Areas covered by MDB municipalities which have TAs: 355551 square kilometres (29%)
· Areas covered by no TAs: 864042 square kilometres (71%)

Developmental challenges: Population and density
· Areas covered by Traditional Authorities: 13.22 million people (191 persons per square kilometre)
· Areas covered by MDB municipalities which have TAs: 24.2 per square kilometre)
· Areas covered by no million people (68 persons TAs: 16.36 million
people (19 persons per square kilometre)

Developmental challenges: Human Resource capacity
· In Traditional Authority areas there are about 17 Professionals/technical/Managers per 1000 persons
· In non-Traditional Authority areas there are about 67 professionals/Technical/Managers per 1000 persons

MDB Approach
· As a general policy approach the Board has tried to ensure that outer boundaries of municipalities do not divide traditional authorities (Problems include topography, inadequate legal descriptions, de facto versus de jure authority). It should be noted, though, that independent of demarcation there are local disputes over land.
· As a general rule the Board believes that areas of traditional rural communities cannot be islands of poverty in a sea of development. Hence the approach to incorporate 'urban' areas into traditional areas.
· Approach is more difficult to apply for ward boundaries

Municipal Rationalisation
· 6 (A Category) Metropolitan areas (Pretoria and Durban have TAs within them)
· 47 (C category) District Municipalities (30 have TAs within them)
· 232 (B category) Local Municipalities (114 have TAs within them)
· District Management Areas in 17 of the District Councils.

[maps not included]

Rationalisation and Traditional Authorities
· The MDB's model in effect means the influence of traditional communities has been significantly broadened into the bases of economic and political power:
· Eastern Cape: 22 Municipalities will have TAs within their boundaries and 17 with none
· KwaZulu-Natal: 44 Municipalities will have lAs within their boundaries and 8 with none
· Northern Province: 27 Municipalities will have lAs within their boundaries and 8 with none

Issue: The question of Powers and Functions
· The overlaps between Municipal Powers and those of Traditional Leaders/Authorities are similar in many ways to those between Municipalities and the state and large-scale private land owners. It must require effective conflict resolution.
· The Board strongly believes these matters can only be resolved through ensuring there 15 co-operative governance
· Mpumalanga: 5 Municipalities will have TAs within their boundaries and 12 with none
· Free State: 2 Municipalities will have TAs within their boundaries and 18 with none
· North-West: 14 Municipalities will have TAs within their boundaries and 10 with none
· SA as a whole: 114 Municipalities will have TAs within their boundaries and 118 with none

Issue: Could TAs be DMAs?
· The Board does not believe TAs can be DMAs:
· (I) they would take control away from traditional communities,
· (ii) it would lead to dysfunctional Category B's,
· (iii) it would be impossible to have Integrated Development Planning

Issue: Could TAs be Category B's?
· The Board believes this would not make sense, given:
(i) it would be like arguing that the colonial and apartheid boundaries of traditional authorities correctly describe areas of traditional communities,
(ii) the developmental challenges found in these areas;
(iii) the need for redistribution and sharing of resources;
(iv) difficulties in legally defining these areas.

Issue Representation and Regulations
· In consultations with traditional leaders concerns have been expressed around the '10%' representation of traditional leaders on the municipalities
· The question of the regulations required to be drafted by MECs in terms of
Section 81 of the MSA is also a matter of concern.

Concluding comments
· Demarcation is an ongoing process and requires ongoing interaction between the MDB, local communities and their leaders.
· The Board will continue to interact with traditional leaders and values all such cooperative engagements.