- December 1, 2022
- |Law Everyday
In February 2022, the media was awash with reports of residents of Katima Mulilo town complaining of and blaming the Town Council for failing to maintain the road, which were said to be littered with potholes. Indeed, the writer hereof experienced these potholes firsthand during the December holiday. The residents of Katima Mulilo town were further enraged with the sewers in the town. The Town Council on its part blamed the potholes on poor gravel. Rundu town was once referred to as the ‘paradise of potholes’. The Town Council blamed the poor roads on Covid-19 and rain. Here in the capital, we all witnessed the drama unfold as a vote of no confidence in the Management Committee was filed, challenged and deliberated on, leading to the dissolution of the then Management Council and voting into power, a new one. All these things revolve around one thing: service delivery.
Article 111 (1) of the Namibian Constitution stipulates that Local Authorities shall be established in accordance with the provisions of Article 102 hereof. Article 102 (1) provides that regional and local government shall consist of Local Authorities as may be determined and defined by Act of Parliament. This Act of Parliament is the Local Authorities Act, 1992 (Act No. 23 of 1992) which, among others, was enacted to define the powers, duties and functions of local authority councils. Parts VI, VII, VIII, IX, X, XI, and XII provides for the services that local authorities should provide to its residents. The residents in turn shall pay such charges and fees as may be determined to the Local Authorities.
With all these complaints alluded to above, one wonders what happens when a local authority fails to provide such services, or where the services provided are of such poor quality that they pose a danger to the residents? Can a resident take on the local authority? This question is relevant because the opposite is true. As a juristic entity, a local authority can go after any resident who fails to pay municipal charges and or fees or violate bylaws. To the former question, I say local authorities may be held accountable, one way or the other.