National Decentralisation Policy for Lesotho – Final Draft
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KINGDOM OF LESOTHO
NATIONAL DECENTRALISATION POLICY
Ministry of Local Government, Chieftainship and Parliamentary Affairs
P.O Box 686
Maseru 100, Lesotho.
February 2014
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BASIC DEVELOPMENT INDICATORS
Human Development Index (HDI 2012)[1] 0.461
Human Development Index (HDI) Rank [1] 158/186
Gross National Index (GNI) per capita (PPP US $, 2012) [3] 2210
Total Population (million) [2] 2.1
Population growth (%Annual) [1,2] 1.1%
Adult literacy rate (% aged 15 and above, 2010) [3] 89.6
Net intake ratio in primary education (% of official school-age
population, 2011) [3] 58.2
Under-five mortality rate (per 1,000 live births 2012) [ 3] 99.6
Gross Domestic Product (GDP) per capita ($) [2] 1963.1
Gini Index [2] 52.5
Poverty level (% of total) [2] 62.3
Aid Per capita ($) [2] 96.4
Life expectancy at birth (years) [2] 48.2
Urban Population (% of total) [2] 28.3
Gender Inequality Index (GII) [2] 0.534
Corruption Perception Index [4] 55/175
[1] HDR Report, UNDP, 2013; [2] BTI, 2014; [3] WDR, World Bank, 2013); [4] Corruption Perception Index 2013, Transparency
International, 2013.
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TABLE OF CONTENTS
BASIC DEVELOPMENT INDICATORS ......................................................................................................... ii
ACRONYMS AND ABBREVIATIONS .............................................................................................................. v
FOREWORD ..................................................................................................................................................... viii
EXECUTIVE SUMMARY ..................................................................................................................................... x
1. INTRODUCTION ......................................................................................................................................... 1
1.1 General Background .......................................................................................................................................... 1
1.2 Current Strategic Framework for Decentralisation .......................................................................................... 1
1.2.1 Policy and Legislation ................................................................................................................................. 1
1.2.2 Political Systems and Structures ................................................................................................................ 3
1.2.3 Administrative Structures, Systems and Practices ..................................................................................... 4
1.2.4 Fiscal Decentralization and Public Financial Management ....................................................................... 5
1.2.1 Institutional Framework and Inter-Governmental Relations ................................................................. 5
1.3 KeyFactorsunderlyingLesotho’sDecentralisationProcess ............................................................................. 6
1.4 Strategic Issues for Decentralisation in Lesotho ............................................................................................... 7
2. THE VISION, MISSION AND OBJECTIVES OF THE POLICY ............................................................. 11
2.1 Vision and Mission .......................................................................................................................................... 11
2.2 Purpose and Objectives of the Policy ............................................................................................................. 11
2.3 Guiding Principles for Decentralisation in Lesotho ......................................................................................... 12
3. POLICY STATEMENTS AND STRATEGIC ACTIONS .......................................................................... 15
3.1 Devolution as the Mode of Decentralised governance and service delivery ................................................. 15
3.2 Establish Local Governments with Autonomy and Executive Authority ....................................................... 15
3.3 Strategic Framework for participatory and integrated planning ................................................................... 16
3.4 Fiscal decentralisation and prudent public financial management ................................................................ 17
3.5 Framework for exercising local autonomy and inter-governmental relations ............................................... 18
3.6 Strategy for human resources management in local governments ............................................................... 19
3.7 Provide an enabling legal framework for devolution ..................................................................................... 19
3.8 Increasing service delivery efficiency through Performance Contracting ...................................................... 20
3.9 Mechanisms for participation and coordination of non state actors ............................................................. 21
3.10 Strategy for Local Economic Development ................................................................................................... 21
3.11 Data and Information Systems to support evidence-based decision making .............................................. 22
3.12 Strategy for Settlement re-organisation and Urban Development .............................................................. 22
3.13 Strategy for Integrated Land use Planning................................................................................................... 24
3.14 Re-defining the role and position of chiefs and the Chieftainship ............................................................... 24
3.15 Localising regional integration and international cooperation .................................................................... 25
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3.16CivicEducationProgramstoenhanceCitizens’EmpowermentandAccountability .................................... 26
3.17 Communication Strategy to foster inter-governmental relations and Change Management ..................... 26
3.18 Scaling- up ICT Infrastructure to promote e-government and local economic transformation ................... 27
3.19 Strategy for Community Development and Local Innovation ...................................................................... 27
3.20 Centre of Excellence in Decentralised Governance and Local Development ............................................... 28
3.21 Developing Sustainable Capacity for effective Decentralization .................................................................. 28
4. POLICY IMPLEMENTATION FRAMEWORK ....................................................................................... 30
4.1 Priority Setting and Time Frames .................................................................................................................... 30
4.2 Cost Implications and Financing of the Implementation Process ................................................................... 30
4.3 Institutional Arrangements ............................................................................................................................. 31
4.4 Monitoring and Evaluation ............................................................................................................................. 32
4.5 Communication and Stakeholder Engagement .............................................................................................. 32
5. CONCLUSION AND FUTURE OUTLOOK .............................................................................................. 34
LIST OF DOCUMENTS REVIEWED ............................................................................................................... 35
ANNEXES ........................................................................................................................................................... 36
ANNEX 1. GLOSSARY OF KEY TERMS AND CONCEPTS USED ................................................................................................ 37
ANNEX 2: LINKAGES BETWEEN CENTRAL AND LOCAL GOVERNMENT .................................................................................... 39
ANNEX 3: STRUCTURE OF THE LOCAL GOVERNMENT .......................................................................................... 40
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ACRONYMS AND ABBREVIATIONS
AIDS Acquired Immune Deficiency Syndrome
CCS Community Council Secretary
CG Central Government
CSOs Civil Society Organisations
DA District Administrator
DCS District Council Secretary
DDP District Development Plan
ED Electoral Division
FBOs Faith Based Organisations
GOL Government of Lesotho
HIV Human Immune Virus
ICTs Information and Communication Technologies
IFMIS Integrated Financial Management Information System
LDFF Local Development Facilitation Fund
LED Local Economic Development
LG Local Government
MDGs Millennium Development Goals
MoLGCPA Ministry of Local Government, Chieftainship and Parliamentary Affairs
NDISAP National Decentralisation Implementation Strategy and Action Plan
NGOs Non Governmental Organisations
NSDP National Strategic Development Plan
OAG Office of the Auditor General
PAC Public Accounts Committee
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PFM Public Financial Management
PPP Public-Private Partnership
PRS Poverty Reduction Strategy
PSIRP Public Sector Improvement Reform Programme
SADC Southern African Development Community
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Administrative Map of Lesotho
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FOREWORD
Dear Stakeholders,
I’mpleasedonbehalfoftheGovernmentofLesotho, to share with you our first ever National
Decentralisation Policy.
Lesotho is unique in many respects. It has been called the Kingdom in the sky and other similar
names in admiration of its unique natural beauty. In terms of governance it is a Kingdom with a
vibrant democracy at all levels. Decentralisation has been Lesotho’s long-term program to
empower citizens, promote equitable development, and protect territorial integrity and
security since pre-colonial times. All these decades, however, it has not advanced as fast as was
expected,oftenmakingreversalsbecausewedidn’tgetmany things right.
Over the last 8 years, however, we have made some progress with 2 successive democratically
elected Local Councils in 2005 and in 2012. During this period, local councils have helped bridge
the gap between the Central Government and communities by facilitatingcitizens’mobilisation,
identifying development needs and implementing some projects in areas such as opening up
new rural roads. While service delivery by councils is still low, we have, nevertheless, learnt
lessons and established a foundation on which to build stronger more effective Local
Governments.
We realised that Lesotho’s decentralisation will only advance if we have a well formulated
policy with a nationally owned vision, clear objectives and measurable strategic results. We
embarked on policy formulation after careful reflection on where we are and what lessons we
have learnt from our own and othercountries’experiencesin decentralisation.
We have formulated this policy through a highly participatory and consultative process. The
policy statements and strategic actions contained in this Policy therefore reflect the views and
aspirations of Basotho, the GoL’s priorities for decentralisation and inputs from Lesotho’s
development partners. I wish to reiterate the fact that this is a national policy which embraces
all sectors of Governance and development. I also take opportunity to restate the
Government’scommitment to fully implement the Policy. I’mconfidentthatthispolicywillhelp
us focus and sustain our decentralisation process around building stronger and more effective
local authorities, economically empowered and politically active citizens who are responsible
for their own destiny.
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Finally, I appeal to all stakeholders to own this policy and take it as a key guiding document in
their programs, projects and routine activities. It is only through concerted efforts of all of us
that this policy will make the desired difference in the lives of Basotho and the nation’s
aspirations.
_____________________________
Mothetjoa METSING
Deputy Prime Minister and Minister of Local Government,
Chieftainship and Parliamentary Affairs
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EXECUTIVE SUMMARY
Overview
Lesotho is a unique country in terms of everything from its location to its geography, its people
anditsgovernance.It’savibrantmulti-party democracy at all levels but His Majesty the King is
the Head of State. This Decentralisation Policy has been formulated to provide a framework for
deepening and widening the economic and social benefits of democracy to all citizens.
It is important to appreciate that Lesotho has struggled with decentralisation and participatory
local governance for most of its colonial and post-colonial history. District councils were first
formed in 1959 but were abolished only 8 years later. Subsequent decades and the political
processes that followed created unstable conditions for local governments to evolve with viable
political, administrative and fiscal capacities. Over the last 8 years, however, the country has
managed to maintain elected local councils at district, community and urban levels using the
Local Government Act of 1997 (amended several times) as the main instrument. To-date,
however, these councils have remained under-funded and not structurally supported by a clear
administrative and service delivery framework. Elected local councils have provided the
Government, development partners and citizens a good platform to promote grass-root
democracy and raise local development needs to be addressed, but there have not been
sufficient structures and systems to address development. The Government has, therefore,
decided to take them to a higher level by providing policy guidance, robust institutional
structures and financing mechanisms.
Objectives of the Decentralisation Policy
The purpose of the decentralisation policy is to deepen and sustain grassroots-based
democratic governance and promote equitable local development by enhancing citizen
participation and strengthening the local government system, while maintaining effective
functional and mutually accountable linkages between central and local governments entities.
The specific objectives of the Policy are to:
i) increasecitizens’accesstopublicservices;
ii) ensure quality and accountable service delivery at local levels;
iii) increase participation of citizens and non state organisations in governance and service
delivery;
iv) promote equitable economic development;
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v) promote livelihood and economic security;
vi) enhance local autonomy by ensuring that local government institutions are sustainably
capacitated and organised with a strong collective voice;
vii) promote the preservation of national values, identity and unity by re-positioning and
empowering the chieftainship and other traditional institutions;
Key areas of Policy focus and strategic action
1) Adopt devolution as the Mode of Decentralised governance and service delivery;
2) Establish Local Governments with autonomy and executive authority;
3) Develop and implement a strategic framework for participatory and integrated planning;
4) Fiscal decentralisation and prudent public financial management;
5) Develop a framework for exercising local autonomy and Inter-governmental relations;
6) Implement a strategy for human resources management in local governments;
7) Provide an enabling legal framework for devolution;
8) Introduce performance contracting to increase efficiency in service delivery;
9) Develop Mechanisms for participation and coordination of non state actors;
10) Implement a national strategy for local economic development;
11) Develop data and information systems to support evidence-based decision making;
12) Implement a strategy for settlement re-organisation and urban development;
13) Implement a strategy for integrated land use planning;
14) Re-defining the role and position of chiefs and the chieftainship;
15) Decentralisation to localise regional integration and international cooperation;
16) Civic Education programs to enhancecitizens’empowermentandaccountability;
17) Communication strategy to foster inter-governmental relations and change management;
18) Scale- up investments in ICT infrastructure to promote e-government and local economic
transformation;
19) Implement a Strategy for community development and local innovation;
20) Centre of excellence in decentralised governance and local development;
21) Develop sustainable capacity at national and local levels for effective decentralization.
Implementation Strategy
This policy will be implemented following a phased approach to enable the Government and
implementing partners to take measured steps, learn by doing, and to better define targets,
manage the process with existing capacities, focus resources on high level priorities, and ensure
that all actors in decentralisation are well coordinated.
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1. INTRODUCTION
1.1 General Background
Lesotho has progressed considerably in its democratisation process, with a vibrant multi-party
democracy at all levels. Citizens elect their leaders freely in democratic elections, and at local
Government level, two consecutive terms of local councils have been elected, directly (at
community council and later urban council level) and indirectly (at district Council level).
Decentralisation in Lesotho has also been driven by the need to promote long-term political
stability that is rooted in effective service delivery, equitable local development and
knowledgeable and skilled citizens.
Lesotho’sdecentralisationisenshrinedintheNationalConstitutionof1993andoperationalised
through several national legislations and policies. These instruments emphasise promotion of
participatory democratic governance including political stability; human rights and security;
livelihood improvement and equitable local development, among others.
Decentralization was considered to be the main mechanism to promote good governance,
enhance local development and take services closer to citizens. Efforts to implement
decentralisation using the legal instruments (mainly the Local Government Act of 1997), have
only succeeded in creating political councils with limited technical capacity, resources and
guiding framework to deliver services to citizens. This has led to unfulfilled expectations and
citizens’dissatisfaction with local councils. It is on this basis that the Government decided to
formulate a comprehensive national decentralisation policy.
1.2 Current Strategic Framework for Decentralisation
1.2.1 Policy and Legislation
Decentralisation will be considered a framework to realize national development goals stated in
various policies and strategies. The main ones linked to decentralization are:
1. The Vision 2020: This long-term development framework, among others, places
decentralisationandparticipatorygovernanceatthecentreofLesotho’stransformation
to a democratic, stable and prosperous country. The Vision reiterates the government
commitment to good governance, and highlights the Government’s commitment to
implementing decentralisation and establishment of a well established system of local
governance with full ownership and participation of citizens in decision making.
2. National Strategic Development Plan (NSDP) 2012/13-2016/17: The NSDP is the GoL's
medium-term plan to achieve accelerated and sustainable economic and social
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transformation. Strategic actions to achieve the NSDP objectives, of which
decentralisation is a key pillar, are: a) to enhance systems and capacity of local authorities
for planning, budgeting, monitoring and evaluation of projects and accountability of
public expenditure; and b) to establish an effective and efficient Local Government
system with a major component of the Government’s strategy to fulfil these
commitments.
3. Public Financial Management (PFM) Reform: The Government is presently reviewing the
PFM laws, regulations and systems to increase efficiency and effectiveness in public
budget and expenditure management. A key component of this framework is to extend
the Integrated Financial Management System (IFMIS) to local government operations,
and strengthen financial reporting from all cost centres within Government.
4. Public Sector Improvement Reform Programme (PSIRP). This programme aims to
improve efficiency in the public sector. Component 2 of the PSIRP specifically identifies
decentralisation as the main framework for improving service delivery. The PSIRP also
outlines the outcomes that serve as guidelines for decentralisation in Lesotho, among
which is the clarification of roles and functions and building capacity of local authorities.
Further public sector reforms are planned in the medium term and its important to
ensure that they are informed by the National Decentralisation Process.
5. MoLGC Strategic Plan (2009-2013): A five-year strategy adopted in 2009 aimed to
promote a sustainable and effective local governance system in order to improve service
delivery and enhance the quality of life for all Basotho. Formulation of a comprehensive
national decentralisation policy was a key output of this strategic plan.
The main legislation guiding decentralisation and local governance in Lesotho to date are:
1) National Constitution, 1993: mandates parliament to establish local authorities. Section
106 (1) stipulates that “Parliament shall establish such local authorities as it deems
necessary to enable urban and rural communities to determine their affairs and to
develop themselves. Such authorities are mandated to perform such functions as may be
conferred by an Act of Parliament”.
2) Local Government Act, 1997 (as amended): provides the legal basis for establishment
and operational functioning of local councils (district, municipal, urban and community
councils) and deconcentrated administrative structures. Local Government elections
since 2005 have been held under the Local Government Amendment Act, 2004. This
provided for inclusion of Chiefs in councils through nomination by fellow chiefs.
3) The Chieftaincy Act, 1968: recognises and provides for the existence and operations of
chiefs in a changed governance environment. This law has also been amended in view of
the new roles between councillors and chiefs under decentralisation.
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4) Other legislation relate to human resources and public financial management
regulations. They include the Local Government Service Act, 2008 which provides for
recruitment, remuneration and discipline of personnel in local governments; and the
Local Government Elections Act (amended) which deals with election of local councils.
1.1.2 Political Systems and Structures
Political decentralization refers to the transfer of political decision making authority to local
structures, usually occupied by elected officials. Emphasis is put on elected leadership because
the aim is to transfer power to citizens through local leadership that are closer and more
accountable to them. Thus political decentralisation aims to increase the voice of citizens by
deciding who leads them through free, democratic regular vote.
There are 4 levels of decentralised political structures in Lesotho, i.e. 10 District Councils, 1
Municipal Council, 11 Urban Councils and 64 Community Councils are elective. The structure of
each council is summarised as follows:
i) District Councils: are constituted by councillors indirectly elected through electoral
colleges. The electorate comprises members of community and Urban Councils within the
district. Council resolutions are implemented by the District Council Secretary (DCS) who
acts as the Head of the Council Secretariat and Chief Executive Officer in the district.
ii) Municipal Councils: These are constituted by councillors representing wards within an
urban area categorised as Municipalities. Presently, the City of Maseru is the only urban
area with the Municipal status.
iii) Urban Council: The councils of the designated urban areas of Botha-Bothe, Leribe
(Hlotse), Berea, Mafeteng, Mohale’s Hoek, Quthing, Qacha’s Nek, Thaba-Tseka,
Mokhotlong, Maputsoe and Semonkong constitute urban councils. With the exception of
Maputsoe in Leribe district and Semonkong in Maseru, all other urban councils serve as
seats of district headquarters.
iv) Community Council: Community councils are the lowest formal government structures in
the hierarchy of Government. They are constituted by Councillors elected to represent
Electoral Divisions (EDs) and 2 chiefs representing chiefs within the area constituting the
community or urban councils, as well as 2 chiefs elected/nominated by other chiefs in the
local government area to represent them in the council. An ED is a cluster of 2-4 villages
depending on the population.
At local level, only Councillors are elected. Presently, there are 194 district councillors, 164
urban councillors and 1,256 community councillors. There is fair gender balance and women
account for 49% of councillors. The Councils are headed by Chairpersons elected at the first
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sitting. The lowest level is the Community Council and Urban Council which comprise of directly
elected councillors, including 2 Chiefs (elected by gazetted chiefs). These constitute electoral
colleges for District Councils. The local council structures are presented in table 1. Despite
overlapping jurisdictions, these councils are independent as the law considers each council a
body corporate.
Table 1: Present Local Government Structures by District
District
Area
(Km2)
Population
(2006)
No. of
Councils
No. of directly elected
Councilors
No. of Political
groups in Councils
1
Botha-Bothe
1,767
110,320
6
68
7
2
Leribe
2,828
293,369
14
167
7
3
Berea
2,222
250,006
10
97
7
4
Maseru
4,279
393,154
13
116
6
5
Mafeteng
2,119
192,621
9
92
4
6
Mohale’sHoek
3,530
176,928
9
105
4
7
Quthing
2,916
124,048
7
84
4
8
Qacha’s Nek
2,349
69,749
5
65
2
9
Thaba-Tseka
4,270
129,881
7
89
5
10
Mokhotlong
4,075
97,713
6
73
4
Total
1,876,633
86
926
Data Source: MoLCPA Records
As indicated in table 1, political representation in Lesotho’s local councils is diverse. This
diversity underscores the importance of political parties in decentralisation, and highlights
the need to manage diversity through consensus.
1.1.3 Administrative Structures, Systems and Practices
Administrative decentralization relates to the transfer of functions, authority, responsibility and
financial resources to lower entities or other institutions (parastatals or private institutions) to
facilitate provision of public services. Political decisions can only be translated into actual
results by competently qualified technocrats in a bureaucratic system.
Administrative decentralization have been implemented through allocation of functions and
responsibilities in the Local Government Act 1997 and subsidiary legislation. A Local
Government Service (LGS) is responsible for all personnel in local councils.
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1.1.4 Fiscal Decentralization and Public Financial Management
Financial responsibility is a core component of decentralization. If LGs are to carry out
decentralized functions effectively, they must have adequate and predictable flow of income.
The main challenges of policy interest for fiscal decentralisation are:
1) inadequate funding: Financial transfers to local councils have revolved around M 179
million – 229 million during the period 2007/08 – 2012/13
1
, which is about 2-5% of
national recurrent budget. It should be noted, however, that inter-governmental
transfers to-date only relate to the budget appropriated to MoLGCPA (about 60% of the
MoLGCPA budget). They would increase significantly under devolution.
2) Weak Public Financial Management and accountability systems: Financial management
in LCs is manual, making it difficult to create a credible PFM system. The treasury
considers the current budgeting process in local councils as below the required threshold
for public expenditure. Without a credible budgeting and public expenditure and
accounting system, it is difficult to entrust local councils with public funds.
3) Low local revenue generation: Local Councils collect hardly any revenue, with some
collecting no more than M 5,000 a year – justenoughtopayonecouncillor’sallowances
for one month. The Government acknowledges the absence of incentives to maximise
local revenue collection, complicated by having multiple revenue collection institutions
2
.
1.1.1 Institutional Framework and Inter-Governmental Relations
Decentralisation is coordinated by the Ministry of Local Government, Chieftainship and
Parliamentary Affairs (MoLGCPA). Although other ministries and institutions are expected to
play a significant role especially those which have shared responsibilities in service delivery with
decentralised entities, they have only deconcentrated offices at district level.
There are national institutions (parastatals, Boards, authorities and commissions) with a key
role to play in decentralisation. These include the Auditor General’s Office, Ombudsman’s
Office and other authorities and parastatal bodies. The involvement of these institutions with
local authorities is still low, largely due to absence of policy guidance, technical and institutional
capacity, among other factors.
1
National Budget Estimates (In Kellam III & Muwanga, 2013. Diagnostic Assessment of Decentralisation in Lesotho.)
2
Lesotho Revenue Authority (LRA) collects all tax revenue – including customs and internal revenue (Value added Tax and Pay as you earn
(PAYE); The Ministry of Trade and Industry collects trade licence fees; The Ministry of Interior collects livestock branding and registration fees;
The Ministry of Transport collects vehicle and automobile registration and licence fees; while Local councils collect an assortment of fees, fines,
rents that include ground rent, market dues, pound and grazing fees, as well as public toilets, abattoirs, sale of goods and kiosks.
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1.2 KeyFactorsunderlyingLesotho’sDecentralisationProcess
A number of factors have influenced and continuetoshapeLesotho’slocalgovernanceand the
decentralisation model that the country adopts. The most critical ones are:
1. Political institutions and actors: Lesotho is one of the most progressive multiparty
democracies in Africa, with progressive gender policies. In some districts, up to 7 political
groups (parties and independents) are represented in Local Councils. The Decentralisation
Policy must therefore enable political parties to promote grass-root democracy,
participatory and accountable governance and equitable service delivery.
2. Governance system: As a parliamentary democracy, the party or coalition of parties with
the majority of seats in the National Assembly forms the Government, with a similar
situation expected at local government levels. It is thus realistic to appreciate the influence
of local politics, including who is nominated to lead or what priorities they will spend public
resources on, but this has to be guided by national policy.
3. Monarchy and chieftaincy: The chieftaincy institution remains the fulcrum of Basotho
nationalism and governance despite shifts in power balance. Chiefs are regarded by
Basotho as symbols of unity and cultural preservation. The role played by chiefs is
exercised under the Chieftaincy Act of 1968. A chief is considered the first custodian of law
andasymbolofHisMajesty’sauthorityatvillage level. Lesotho is a nation that takes pride
in its history and is keen on preserving positive attributes of its history to shape its
governance and development models. Democratic decentralisation, however, necessitates
reviewing the position and role of the Chieftaincy so that chiefs can contribute to
governance and service delivery in ways that avoid antagonism and conflict with
democratic and citizen-managed institutions.
4. Social and demographics: The changing social environment and demographic patterns
means that ability to deal with issues of concern – e.g. youth employment, access to
services, equitable development, etc., will re-direct the political agenda and influence
leadership. Attention to local specific challenges will increase as decentralisation deepens,
more resources are transferred to sub-national entities, and as technical competences and
leadership quality at lower levels improve.
5. Economic structure:Lesotho’seconomyisdominated by a few extremes i.e. the tertiary
sector (largely trade concentrated in the hands of a few urban dwellers) and the primary
sector (predominantly smallholder agriculture struggling to meet the basic nutritional
needs of 75% of Basotho that depend on it). Through decentralisation, the Government will
intensify efforts to exploit opportunities in tourism, services and commercial agriculture in
addition to emerging sectors like mining and manufacturing, to increase employment,
reduce poverty and promote equitable development.
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6. Geography and settlements: the rugged terrain and scattered settlements are a major
constrain to delivery of public services. The Government is constrained to extend services
to remote areas because of the small resource envelope and the high cost of delivering
services. Decentralisation has potential to address issues of local development concern
(such as energy, rural roads, public health, water, etc) in a cost-effective way, primarily
because of its focus on local development.
7. Natural resource distribution: Natural resources – including water, minerals and unique
landscapes – areimportantdriversofLesotho’seconomy,even though the current levels of
exploitation are sub-optimal. These resources, however, are not evenly distributed
throughout the country. Decentralisation will assist the Government in exploration and
sustainable exploitation of natural resources in different localities, and ensure that the
proceeds from such resources specially benefit local populations.
1.3 Strategic Issues for Decentralisation in Lesotho
This decentralisation policy aims to address the following strategic issues for local governance
and service delivery:
1. Need for efficient, financially viable and technically effective local government
structures: The Government appreciates citizens’ concerns that local councils are not
appropriately organised and adequately capacitated to deliver services effectively. It
acknowledges the need to re-organise territorial boundaries
3
and technically strengthen
local Government structures for better services, cognisant of the need to manage public
administration costs.
2. Quality of local leadership and institutions: The GoL is aware that one of the dilemmas
faced in decentralisation is to ensure that there is quality and visionary leadership at the
local level, especially where existing laws do not make any specific provisions. At the same
time, this must be balanced with the obligation to sustain the democratic rights of citizens
to elect leaders of their choice as enshrined in the Constitution. Considering the role of
political parties in ensuring quality local leadership, political institutions must pay
attention to leadership and managerial capabilities of aspiring leaders to ensure effective
decentralisation. The Government also acknowledges the need to empower citizens with
civic information and knowledge so that they can vote leaders with desired capabilities,
including appropriate formal education qualifications. The Government will implement
3
For instance, Maseru City - the largest and most densely populated administrative unit, is served by only one council – the MMC, with no lower
levelcouncils.Asaresult,citizens’accesstoservicesbothintermsofcostandefficiency,isreportedtobeachallenge,andtheMMC’s’abilityto
collect revenue and enforce legislation such as building regulations, property rates or solid waste management, is difficult.
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measures to encourage people with requisite skills to aspire for local government
leadership positions or make contributions in other local platforms.
3. Need to increase financing for decentralised activities: The Government appreciates the
fact that devolution cannot effectively work without adequate and reliable financing.
Local Governments must also be supported to develop their own revenue potentials.
Another issue of concern in this regard, is the fact that the Local Councils have yet to
develop capacity to take responsibility for all budgeting and expenditure responsibilities,
resulting in Central Government often taking up some of the Local Government
responsibilities. The Government considers that devolving the responsibility for local
budgeting and other PFM issues to local councils and enabling such levels to have cost
centres will increase performance of Government across all sectors.
4. Coordination of decentralised functions: The Government acknowledges that there is
inadequate coordination of public sector institutions, resulting in duplication of effort and
inadequate provision of services to citizens. The Government is aware that institutional
structures, human resource management strategies, and legislation may in some areas
constrain rather than support efforts to promote coherent and coordinated planning and
implementation of public services. Decentralisation is expected to facilitate establishment
and operationalisation of appropriate coordination mechanisms at national and sub-
national levels.
5. Citizens’ Participation in and control over service delivery: The Government
acknowledges the fact that regular free and fair multi-party elections are not an adequate
measure of citizens’ participation. Citizens must be empowered with the information,
knowledge and confidence to demand for services and hold their local leaders and other
service providers accountable. Local leaders should in turn also be able to ensure that
citizens have access to information on services, and should have the means to respond to
citizens’needs.
6. Information systems and information management: The Government acknowledges that
there is inadequate information flow to citizens about Government policies and programs.
Decentralisation, as a political and technical process must be effectively communicated
for stakeholders to understand and participate effectively. The Government considers
decentralisation as an important arrangement for creating effective communication
channels that link Government to citizens and other actors.
7. Inadequate participation of civil society: The GoL recognises that inadequate
involvement of important non state actors, notably Non Governmental Organisations
(NGOs), Faith-Based Organisations (FBOs) and community-based organisations (CBOs).
The Government recognises the role of these stakeholder groups, and the need to
facilitate them to contribute effectively to the national and local development processes.
National Decentralisation Policy for Lesotho
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Decentralisation must provide appropriate framework for these non state actors to align
their programs to local development plans.
8. Environmental Management and sustainable Development: Environmental degradation
threatens the sustainability of livelihoods and economy, yet local councils do not have
sufficient technical and financial resources to address degradation. The Government
acknowledges that despite the fact that environmental degradation and unsustainable
use of natural resources is a threat to poverty reduction and sustainable development.
Lesotho is also susceptible to climate change and the effects of limited mitigation and
adaptation are most felt at local level. It is also concerned that there are inadequate
measures to respond to such challenges.
9. HIV/AIDS mainstreaming: Local councils have played a key role in the fight against
HIV/AIDS, especially through sensitisation and mobilisation. The GoL recognises that Local
councils are constrained in dealing with HIV/AIDS challenges and that more needs to be
done. Decentralisation should empower local actors to address HIV/AIDS challenges.
10. Infrastructure for Local Development: Local Councils face severe infrastructure
challenges – District authorities work in small often dilapidated buildings, while
Community Councils have even more shortages of workspace and other infrastructure.
The Government acknowledges that local governments need to have basic facilities if they
are to deliver services effectively.
11. Human Resources Management: There are severe shortages of skilled personnel in
critical areas, despite concerns that the public service is over-established. The
deployment, supervision and motivation of human resources also indicate low
productivity. Decentralisation must enhance human productivity to improve service
delivery.
Against the backdrop of these challenges, Lesotho aspires to a decentralisation policy that will
assist to:
1. Provide better services to citizens: Although Lesotho is physically a small country,
Government structures are perceived to be far away from citizens. It is the wish of the
citizens and intention of the Government to ensure that all Government services are
accessible to all citizens and of acceptable quality.
2. Enhancecitizens’empowermentandparticipation:Enable citizens to actively participate
in governance and service delivery activities, and take responsibility for their own
development. Basotho must have power to demand quality services.
3. Facilitate job creation, food security and poverty reduction; The concerns for reducing
unemployment, increase food security, improve rural livelihoods and eradicate poverty,
are overwhelming. Decentralisation is considered to be a good mechanism to respond to
such multi-sectoral challenges that often require local solutions.
National Decentralisation Policy for Lesotho
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4. Promote equitable local development: The Government appreciates that the economic
growth that Lesotho has experienced has not benefited many ordinary Basotho (high Gini
coefficient of 52.5 indicates high levels of inequality). Decentralisation must be used as
an instrument for rural development and equitable growth by re-focusing public
investments to local issues while Central Government focuses on issues of policy and
strategic nature.
5. Reduce public sector inefficiency: the Government of Lesotho acknowledges the need to
improve productivity of its human resources and improve public financial management,
including ability to provide more and better services with less resources. Decentralisation
is considered to be a good framework to mobilise more resources and extend better
services to citizens using less resources.
6. Facilitate locally beneficial regional and international cooperation: The Government is
keen to ensure that Basotho directly and productively benefit from regional and
international cooperation initiatives
4
. Decentralisation must ensure that Lesotho’s local
development concerns i.e. youth employment, cross-border movement of labour and
goods, climate change and food security, education and skills, are given priority in
regional and international platforms.
4
E.g. SADC(SouthernAfricaDevelopmentcooperation),NEPAD(NewPartnershipforAfrica’sDevelopment)andAGOA(Africa’sGrowthand
Opportunities Act), among others
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2. THE VISION, MISSION AND OBJECTIVES OF THE POLICY
2.1 Vision and Mission
The basis of the Vision of the Government for decentralisation is the aspirations of Basotho for
good governance and socioeconomic transformation, and is intended to facilitate the
realisation and sustainability of the Vision 2020 which statesthus:“Lesotho shall be a stable
democratic, united and prosperous nation at peace with itself and its neighbours, with a healthy
and well developed human resource base, a strong economy in which the environment is
sustainably managed and the foundations for technological advancement well established by
2020”.
Vision
“Economically empowered and politically active citizens, who are able and motivated to solve
their own problems, feel that Government is closer and accountable to them, and are satisfied
withthedeliveryofpublicservices”.
The Mission
To promote political stability, faster and equitable development, and enhance citizens’
participation in governance and service delivery in Lesotho.”
2.2 Purpose and Objectives of the Policy
The purpose of the National Decentralisation Policy is to reduce poverty, promote equitable
local development and enhance participatory governance, by transferring functions,
responsibilities and resources for service delivery to local authorities and empowering citizens
to actively participate in all service delivery processes.
In order to realize this goal, the following strategic objectives will be pursued:
i) To increasecitizens’accesstopublicservicesby devolving functions, responsibilities and
resources for service delivery to local government structures, and ensuring that services
are provided at levels that are as close to citizens as possible;
ii) To ensure quality and accountable service delivery at local levels by strengthening
downward and upward accountability at national and local levels;
National Decentralisation Policy for Lesotho
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iii) To increase participation of citizens and non state entities in service delivery by
establishing appropriate mechanisms to actively involve them in decision-making
processes regarding service delivery;
iv) To promote equitable economic development by encouraging and facilitating local
economic activities, through local infrastructure development, incentive-based investor
mobilisation and other initiatives that directly benefit local people;
v) To increase livelihood and economic security by ensuring sustainable utilisation and
management of land and other natural resources, and controlling environmental
degradation;
vi) To enhance local autonomy by ensuring that local government institutions are
sustainably capacitated and organised with a strong collective voice to engage
proactively and effectively address issues of common concern;
vii) To promote the preservation of national values, identity and unity by re-positioning and
empowering the chieftaincy and other traditional institutions to work harmoniously
with democratic local and national structures;
2.3 Guiding Principles for Decentralisation in Lesotho
The Decentralisation Policy has been formulated on the basis of the aspirations of democratic,
participatory and accountable governance that the Government and people of Lesotho aspired
for through the Vision 2020. Its conception and implementation is guided by the following
principles:
(i) Participation: Decentralisation historically evolved to bring decision making power to
levels closest to the citizens in order to enable them participate actively and have influence
over the decisions made. Popular participation is enhanced if citizens are sensitised, are
given information and their self-confidence to hold leaders accountable, is developed.
(ii) Subsidiarity: The principle of subsidiarity aims to promote efficiency, quality and equity in
service delivery, by advocating that functions be performed by the lowest administrative
level possible. Central Government should have a subsidiary function, only performing
functions that cannot be undertaken effectively at the Local Government level. At sub-
national level, district authorities must also ensure that only those functions that cannot
be performed by community or urban councils are retained. Upholding the subsidiarity
principle requires that local level government structures be technically, administratively
and politically empowered to undertake the functions devolved to them.
(iii) Separation of power: Efficiency and accountability in governance and service delivery
require that there must be clear separation of powers, functions and responsibilities
between political, administrative and technical entities, and between national and local
National Decentralisation Policy for Lesotho
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entities. This must be reflected in the structures and functional linkages, and in the tools,
behaviours and practices of actors. Separation of powers, roles and responsibilities assist
to avoid duplication, overlaps and conflicts that undermine good governance and
development. Without this separation, downward accountability will be compromised and
Local Governments might not perform as expected. This, however, should not be pursued
by negating positive values of complementarity, integration and coordination that are
important success factors in decentralisation.
(iv) Local autonomy: Under devolution, Local Governments are considered to have some level
of independence in decision making. Respecting the principle of local autonomy, identity,
interests and diversity will enable decentralization to facilitate local innovation and
creativity in addressing local livelihood and development challenges; champion people’s
participation in addressing their own needs and pursuing their interests; enhance resource
mobilisation to translate local development plans from wish lists to results; and provide a
platform for citizens and their local leaders to resolve political and social conflicts locally
and satisfactorily.
(v) Non–Subordination: This relates to mutual respect between Government levels i.e. the
Central Government should not dominate or undermine the Local Government because of
its stronger position. Likewise, within Local Governments, district authorities should not
dominate lower level authorities (Municipal, Community or Urban Councils). This,
however, should not be construed to imply that central Government should not intervene
whenever local Governments make decisions outside the law.
(vi) Government as a single system or entity: Decentralisation aims to create sub-national
Governments with considerable autonomy but must maintain the authority of one
Government as required more so in a small and unitary state like Lesotho. Very often
citizens do not know or care about the differences between Central and Local Government
but are interested in services being accessible. They see and relate with Government as
one entity. Government entities have obligation to work together towards the same
national goals, and must find ways of managing differences
5
).
(vii) Recognising diversity within uniformity: Decentralization is premised on the fact that local
issues are too important to be ignored and that they are best addressed through
competent and capable local government entities. The national government, however,
remains responsible for ensuring that all citizens have access to services irrespective of
where they live within national borders. This means that they must support and treat Local
Governments differently on the basis of their differences in term of resource endowments,
infrastructure capacities, demographic and geo-physical features and political structure. It
also means that local autonomy should be exercised and supported to the extent that it
5
For example, in cases where one or more Local Governments are formed by parties different from the one heading national government.
National Decentralisation Policy for Lesotho
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promotes positive development. A delicate balance must be maintained between local
autonomy, power separation and upholding national unity.
(viii) Inclusive governance: Although Basotho are a closely knit society by way of culture,
language, beliefs and aspirations, there are inequalities of gender and socio-demographic
nature. Women and youth are perceived to be excluded from key decision-making
processes despite their numbers even in senior positions of decision making (49% of local
councils, 31% in cabinet as of December 2013). Decentralisation must ensure gender
equality and equity, and effective participation of youth, people with disabilities (PWDs)
and other excluded groups. This principle is consistent with the Constitution 1993, national
laws on gender equality and equity and international conventions
6
to which Lesotho is
signatory.
(ix) Accountability: Inter-governmental relations should be characterised by vertical and
horizontal accountability linkages that are clear, transparent and cost-effective. Local
Government authorities account to the central Government and to citizens. This is
especially important to foster mutual accountability at all levels, especially considering that
both central and local governments have the common goal of serving and uplifting the
wellbeing of citizens.
6
These include the convention on elimination of all forms of discrimination against women, the universal declaration of human rights, and the
AfricanCharterandpeople’srights.
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3. POLICY STATEMENTS AND STRATEGIC ACTIONS
In order to realize the participatory governance and equitable development aspirations
enshrined in the Vision 2020 and embedded in the objectives of the Decentralisation Policy, the
following policy priorities and strategic actions will be pursued.
3.1 Devolution as the Mode of Decentralised governance and service delivery
The Government will devolve functions, responsibilities and resources relating to service
delivery to Local Governments to the fullest extent possible.
The Government shall ensure that the decentralized functions are continuously clarified as
devolution progresses, and ensure that all actors have a common understanding of what is
expected to be performed by each level.
Under devolution, line ministries in Central Government shall have responsibility for initiating
and formulating policies and national strategies, work with local governments to set targets and
prepare sectoral budgets, and provide technical support and monitoring of the implementation
processes. Local Governments, on the other hand, shall be responsible for implementing
national policies and strategies through local development plans, taking into consideration their
unique local needs, priorities and resources.
3.2 Establish Local Governments with Autonomy and Executive Authority
The Government shall constitute administrative and territorial entities with the status of
District, City and Municipality, into Local Governments. The local governments shall have
autonomy in decision making to the extent determined by law and exercised in accordance
with Article 106 of the Constitution.
The Local Governments shall comprise of: i) Executive headed by elected Mayors; ii) Councils
with legislative roles as well as provide checks and balances within the confines of the law; and
iii) an Administrative structure headed by an appropriately qualified senior civil servant who will
be the overall custodian and chief accounting officer for all LocalGovernments’physicalassets,
human and financial resources.
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The Government will ensure that Local Governments are territorially and administratively
structured to deliver services at the lowest administrative levels possible, and as close to the
people as possible without compromising quality and efficiency.
The creation and review of administrative entities and demarcation of boundaries for district,
City/Municipal, Urban and Community Council, Electoral Division (ED) and village levels shall be
made through a transparent process that emphasises increased access to services,
development potential, management capacity, and cost of public administration.
The key strategic actions will include:
(i) Undertake political and legal reforms to establish and clarify relationships between the
Executive, council and administrative structures in the districts;
(ii) Develop operational manuals and tools to ensure that all delegated and de-concentrated
functions from the central to local governments are clearly articulated and that the
delegating entity has provided the required resources;
(iii) Establish mechanisms (including criteria and guidelines) for demarcating administrative
boundaries of local governments and lower level administrative entities to ensure that
they are politically viable, administratively efficient and financially feasible;
(iv) Ensure that public service reforms are undertaken to facilitate local governments
administrative structures and recruitment and deployment of suitably qualified personnel.
3.3Strategic Framework for participatory and integrated planning
The Government recognises the sustained improvement in wellbeing of Basotho as the main
focus of decentralisation, therefore all planning must focus on faster poverty reduction and
equitable local development. This calls for integrated rather than thematic or sectoral planning.
The Government appreciates the need to improve coordination between local and national
planning in order to efficiently utilise the scarce resources and deliver services for all citizens.
The Government will ensure that all development planning is integrated, participatory,
evidence-based, and focused on addressing the priority needs of citizens, taking into
consideration the national strategic priorities and local specific needs and priorities.
The Government will promote and support innovative area-based planning to enable local
government leaders and their partners effectively address specific local development
challenges, taking advantage of existing opportunities. The Government will ensure that
national plans reflect local priorities and are well linked to local development plans.
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The policy actions include:
(i) Establish village development committees, as community structures to interface with
localtechnocratsinarticulatingandtranslatinglocalpeople’sneedsintoactionplans;
(ii) Ensure that qualified Rural/Community Development facilitators are deployed at lower
administrative levels to work as Village Development Facilitators. Ensure that they are
appropriately equipped to work harmoniously with local people, and political leaders;
(iii) Ensure that local planning is results-focused and evidence-based, taking into
consideration the locally available resources and capacities;
(iv) Establish local development support funds to assure reliable financing for local
development projects;
(v) Establish institutional structures and systems to foster bottom-up and top-down
coordination of multi-sectoral development planning, monitoring and evaluation, so that
all stakeholders’ needs, priorities and views are incorporated in the formulation and
implementation of local development plans. Ensure regular joint reviews and evaluations.
(vi) Develop tools for area-based planning to enable each district or locality to have its own
baseline, understand its strengths and weaknesses, and develop its own local vision within
the wider national vision;
(vii) Put in place mechanisms to mobilise and ensure community contribution to foster local
ownership of development programs.
3.4 Fiscal decentralisation and prudent public financial management
The Government recognizes fiscal and financial management as the pulse of decentralisation,
considering that the ability to deliver services largely depends on availability of resources,
discretion and leverage that Local Governments have to manage public expenditure.
The Government will undertake measures for inter-governmental fiscal transfers that enable
faster and more efficient implementation of service delivery, while maintaining strict fiscal and
public financial management discipline.
The Government will establish strong systems and procedures to assure effective, efficient,
transparent and accountable planning, budgeting, public expenditure management, and
accountability at all levels of the decentralised service delivery. The Government will ensure
that local fiscal autonomy is exercised prudently and within established framework of zero
tolerance to corruption and strict adherence to the law.
The Government will support Local Governments to progressively increase their ability to
finance their own programmes by exploring and effectively utilizing local fiscal potentials.
National Decentralisation Policy for Lesotho
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Central Government entities will be supported to decentralize and fully integrate their activities
within the Local Government system.
Strategic actions will include:
(i) Strengthen local budgeting and expenditure management system by, inter alia,
establishing fully fledged cost centres at local government level;
(ii) Review the revenue collection system for Local Governments to develop capacity in
revenue generation and management;
(iii) Establish an equalisation system where local governments with special needs or
challenges are specifically supported over and above uniform fiscal transfers;
(iv) Establish strong safeguards that involve multiple oversight activities from public
accountability institutions, by ensuring that public anti-corruption and accountability
institutions are sufficiently capacitated to enforce best practices in local government
financial accountability and reporting;
(v) Develop systems to enable citizens to access information on approved budgets, transfers
made and expenditure reports from Local Governments.
3.5 Framework for exercising local autonomy and inter-governmental relations
The Government is aware of sensitivities associated with devolution, and will ensure that local
autonomy is exercised in ways that promote harmonious inter-governmental relations in all
domains from political, administrative, fiscal and financial management.
The Government will establish platforms for regular dialogue within and between central and
local government authorities, in order to ensure that all misunderstandings and potential
conflicts are identified and proactively addressed before they can cause tensions and other
setbacks to political stability and service delivery.
The Government will establish clear lines of communication between the central and local
governments, and, at each level of government, clear communication lines between executive,
technical/administrative and legislative structures. In this respect, the Government will ensure
that all persons holding public offices understand and recognise the protocols and hierarchies
within central and local governments, and follows established guidelines in dealing with each
level of Government, without creating undesired consequences to service delivery.
The Government shall support Local authorities to establish an Association of Local Authorities
as a formal legally recognised institutional mechanism to enhance collective voice in inter-
National Decentralisation Policy for Lesotho
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governmental relations, intra-governmental cooperation, capacity building, and as a platform
for advocacy and leadership development at local and international level.
3.6 Strategy for human resources management in local governments
The Government recognises that a highly skilled and motivated workforce is a critical aspect of
successful decentralisation, as service delivery ultimately depends on availability and effective
deployment of technical skills.
The Government will ensure that all local governments have the requisite human resources in
all service delivery domains considered important in their areas, and have adequate authority
and means to appropriately deploy, remunerate and supervise them to optimise productivity.
The Government will implement measures to ensure increased human resource productivity
and sustained performance improvement at all levels in the decentralised service delivery
system.
3.7 Provide an enabling legal framework for devolution
The Government shall review existing legislation and develop a comprehensive legal framework
to provide guidance and enforcement in the implementation of decentralisation. The
Government will also ensure that all actors have knowledge and understanding of the relevant
legal instruments important for their day to day work, including powers and obligations of each
level of Government.
The Government will undertake comprehensive and regular review of all legislation relating to
decentralisation, to ensure that they are supportive to decentralisation. Particular focus will be
put on structure and functioning of political and administrative systems and processes; human
resources management in the public sector; fiscal relations and public financial management;
as well as other areas considered important for effective devolution.
Strategic actions include:
(i) Review all legislation relating to or with implications on decentralisation and develop a
comprehensive legal framework covering all aspects of decentralisation;
(ii) Simplify and consolidate all legislation on decentralisation, train and sensitise all public
officials about these laws, with specific focus on political leaders, managers and staff in
line ministries and local governments, chiefs, media, civil society and judiciary;
National Decentralisation Policy for Lesotho
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(iii) Establish appropriate mechanisms for regular update of decentralisation-related laws and
regulations, to incorporate new experiences and respond to emerging challenges;
3.8 Increasing service delivery efficiency through Performance Contracting
The Government acknowledges that absence of adequate performance management measures
is a major challenge to efficient public service delivery at national and local levels.
The Government will introduce Performance Contracts
7
among local government leaders at all
levels starting with District and Municipal Mayors and Chief Executive Officers down to leaders
at the lowest level. The Government will ensure that citizens and development actors and
stakeholders within particular localities are actively involved, and their roles clearly defined, in
the process of formulating these contracts, setting targets and evaluating performance.
The Government will promote performance-based remuneration and other incentives, and
other approaches to strengthen results-based management in local government service
delivery systems.
Key strategic actions include:
i) Introducing tools for performance improvement within the public sector at local
government level, including linking procedures of hiring, rewards and promotions to
performance
ii) Put in place a framework for designing and execution of performance contracts. Ensure
that performance contracts are given high political priority to facilitate priority-based
resource allocation and commitment to high impact results;
iii) Develop a framework for results-based monitoring and evaluation (RBME). Performance
targets shall be set with clear indicators and reporting expectations;
iv) Establish local dialogue platforms for joint evaluation and feedback. Emphasis will be
put on expanding participation space for development partners and citizens by ensuring
that they contribute ideas and innovative solutions and resources.
7
“Performancecontractsarecommitmentsmadeatdifferentlevelsofgovernancetoimplementspecificactionsthatarecentralto achieving
bothnationalandlocalgovernment’sobjectivesasstipulated in Vision 2020, NSDP, MDGs, Sector development plans and District development
plans. These are specific high-level targets that Leaders commit to implementing as high priority. These targets are considered high level
because their implementation is expected to result in significant impact on livelihoods and development of the area. A typical characteristic of
these contracts is that they accelerate implementation of local development plans by giving high political and financing attention to these
results areas. In order to ensure equitable and inclusive development, Performance Contracts will be implemented across Government and
eventually at household level.
National Decentralisation Policy for Lesotho
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3.9 Mechanisms for participation and coordination of non state actors
The Government acknowledges that stakeholder coordination is still a challenge, resulting in
limited effectiveness of development programs and projects.
The Government will establish appropriate coordination and partnership development
mechanisms to enhance active participation of all stakeholders, especially non state
development actors (NGOs, FBOs, Cooperatives, donors, private sector organisations, etc) in
decentralisation processes.
Strategic actions will include:
i) Put in place mechanisms to ensure that CSOs and private sector representatives
participate in local development planning processes;
ii) Provide incentives (including regulatory measures) to encourage partnership
8
between
local governments and non state actors;
iii) Establish local platforms and guiding instruments for stakeholder engagement in
decentralisation.
3.10 Strategy for Local Economic Development
TheGovernmentrecognisesthatLesotho’sdiverseresourceendowmentscannotadequatelybe
exploited to realise equitable development unless there is specific attention to local economies.
The Government also recognises that a vibrant private sector built around local innovation and
value addition to local resources will enhance efforts to achieve faster poverty reduction, rural
transformation and equitable development; and ultimately, fiscally strong local governments
and better and more equitable service delivery.
The GoL will promote Local economic development (LED)focused on harnessing all local
potential, by strengthening the leadership capacity of Local Governments, nurturing and
facilitating local entrepreneurs to become more vibrant and innovative, and developing modern
support infrastructure in all districts and localities.
The Government will gazette districts, municipalities and localities (where appropriate), as
economic development zones and ensure that Local Government authorities are facilitated and
8
These may include memorandums of understanding (MoUs), public-private partnerships (PPPs) and other arrangements.
National Decentralisation Policy for Lesotho
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motivated to mobilise and attract private entrepreneurs to their localities, to transform their
local economies. In addition, the Government will work with local authorities and private sector
actors to ensure that economic development activities promoted in their areas have a strategic
and sustainable positive effect on the national economy, and significantly benefit local people
through job creation, markets for their products, technological diffusion/transfer, triggering
creation of alternative livelihood opportunities, and other positive values.
Strategic actions include:
i) Support local governments to explore and map local economic endowments and
development potentials, and formulate comprehensive local economic development
(LED) strategies, programs and action plans;
ii) Invest in local development infrastructure (including ICTs, roads, markets,) to expand
local livelihoods and economic development opportunities;
iii) Promoting public-private partnerships to attract private capital investments especially in
rural areas and strategic sectors. Establish mechanisms to support simple PPPs that
benefit local poor people (with special attention to youth, women and PWDs);
iv) Develop the capacity and innovativeness of local leaders to attract investors and mobilise
citizens for production;
v) Support local governments to develop MoUs with other local governments in the region
and beyond, to encourage cross-border partnerships with established and upcoming
Basotho or Lesotho-based entrepreneurs within their localities.
3.11 Data and Information Systems to support evidence-based decision making
The Government appreciates that data and records management at sub-national level is under-
developed, a situation that constrains evidence-based planning, performance monitoring and
sound decision-making.
The Government will develop the data and statistical capacity of local government authorities
to ensure that all districts and municipal authorities are able to regularly collect, store, analyse,
report and share reliable data on all domains in their territories.
3.12 Strategy for Settlement re-organisation and Urban Development
The Government appreciates the challenges that the country faces in dealing with
inappropriate land use and scattered, which constrain service delivery, exacerbate
environmental degradation, and undermine efforts to eradicate poverty and provide security
National Decentralisation Policy for Lesotho
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for all. The Government recognises the potential of urbanisation to spur socioeconomic
transformation and accelerate poverty reduction, particularly considering the enormous
constraintsthatLesotho’sruraleconomyfaces,andtherealityofdemographictransition
9
.
The Government will ensure that all citizens and residents live in well organised and serviced
settlements. Rural and urban settlements shall be re-organised in such localities and such
patterns as to facilitate cost-effective delivery of basic services for human well-being like
housing, security, electricity, water, sanitation, healthcare, education, transport, markets, e-
communication, spiritual worship, justice, recreation, and administrative services such as
proximity to civic registration or Identification issuing centres, among others. Rural settlement
re-organisation shall also be undertaken to facilitate optimal land use and market-oriented
production.
The Government will promote planned and faster development of regional cities, towns and
small urban centres, as engines of economic growth, service delivery, dissemination centres for
technology and knowledge, industrial and commercial hubs in all parts of the country.
Strategic policy actions include:
i) Formulate a strategy for settlement re-organisation to promote organised settlements in
line with the long-term goals of access to basic services and adaptation to climate change
and other related disasters. Formulate appropriate guidelines/regulations for buildings;
ii) Formulate an urban development strategy with emphasis on ensuring that all urban areas
are established based on known potential; they are delineated and graded according to
international standards and provided with essential infrastructure and other amenities to
attract capital and resource in-flows; and match service delivery with demand;
iii) Ensure that urban authorities have capable leadership and management systems to
develop, maintain and sustain growth and standards comparable at international level;
iv) Promote productive rural and urban land use practices by identifying and zoning areas for
different functions, including urban development/expansion on the basis of biophysical
and socioeconomic suitability and technical feasibility, following long-term scenario-
based planning. Formulate appropriate land use planning guidelines and regulations.
v) Establish a special fiscal and technical support mechanism to address the special or
unique needs of urban areas, especially in areas of infrastructure, physical planning,
housing, technology, waste management and revenue management.
9
Lesotho’spopulationisincreasinglybecomingyoungandbotheducatedanduneducatedyoungBasothopreferlivinginurbanareas.
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3.13 Strategy for Integrated Land use Planning
The Government appreciates the fact that unplanned use of the scarce land resources is a
majorconstrainttoLesotho’seffortstoensure food security, promote commercial agriculture,
eradicate rural poverty and ensure sustainable development.
The Government shall promote rational and integrated land use planning to ensure optimal
productivity and sustainable use of land resources.
Strategic actions will include:
i) Developing an integrated land use and management master plan to guide all rural and
urban land uses. These shall be the basis for physical development plans and land
allocation strategies;
ii) Undertake land evaluation to establish land use potentials and suitability for different
land units in all districts and municipalities;
iii) Review land registration and allocation systems to incorporate incentives for productive
and sustainable use of land and other resources therein;
iv) Develop guidelines and tools for planned land use, sensitisation of farmers, and land use
monitoring, among others.
3.14 Re-defining the role and position of chiefs and the Chieftainship
The Government considers devolution a new and remarkable phase of Lesotho’s
democratisation process. It however, appreciates that the Chieftainship and chiefs will remain
integral part of the country’slocal governance, albeit with re-defined roles to create harmony
and avoid conflicts.
The Government will ensure that Chiefs at all levels and in all parts of the Kingdom are well
positioned and facilitated to effectively serve as the symbol of Basotho’s identity and unity;
custodians of Basotho culture and security; and embodiment of His Majesty’sauthority,while
advancing the principles of grass-root democracy, local justice, security, human rights and
accountability.
The Government will ensure that the dignity, respect, authority and relevance of chiefs and the
Chieftainship institution is maintained, preserved and promoted by improving their welfare;
ensuring that they conduct themselves in ways prescribed by the Chieftainship code of conduct;
National Decentralisation Policy for Lesotho
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and have the information, knowledge, facilities and tools to perform their roles under
decentralisation.
Strategic actions include:
i) Ensure that village chiefs are protected from partisan political activities and such other
activities as are likely to compromise their neutral and inherited authority;
ii) Review the status, functioning and welfare of chiefs and identify appropriate functions
and platforms for chiefs and the chieftainship institution in the democratic
decentralisation process;
iii) Review legislation and institutional structures to ensure appropriate placement and
functioning of chiefs while maintaining their dignity, respect and authority;
iv) Ensure that chiefs at all levels are adequately empowered, facilitated and equipped to
actively and effectively play their new roles, such as conflict mediation.
3.15 Localising regional integration and international cooperation
The Government recognises the opportunities associated with regional integration and
international cooperation, as evidenced by the several multilateral and bilateral cooperation
arrangements towhichit’scommitted. It, however, appreciates that local authorities need to
actively participate in such processes if they are to secure tangible benefits for local people.
The Government will ensure that Local authorities are actively involved in regional integration
and international cooperation initiatives, with interest in those that increase cross-border
trade, guarantee free movement of labour, secure markets, jobs and affordable quality
education and skills for Basotho, promote rural development and environmental protection.
The Government will support local authorities to mobilise local businesses and citizens
especially youth to take advantage of opportunities availed through international cooperation.
The Government shall encourage and support Local authorities to pursue and engage in various
forms of cooperation at local, national, regional and international level including: twinning
arrangements, cultural exchanges, scholarships, residential placements, voluntary community
activities, among others. The main areas of cooperation shall include:
trade and economic development;
sharing of experiences in local governance and decentralisation
management of common property resources and trans-boundary waters
Education, art and culture
Peace, reconciliation and traditional justice
National Decentralisation Policy for Lesotho
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Science, innovation and technology transfer
Youth, gender and social empowerment
3.16 Civic Education Programs to enhance Citizens’Empowermentand Accountability
The Government considers empowered citizens as one those who are aware of their
responsibilities and rights are able to claim their rights and dutifully fulfil their responsibilities,
irrespective of socioeconomic status, beliefs or residence.
The Government shall promote holistic civic education to ensure that citizens and other
residents of Lesotho are aware of, knowledgeable about their roles, responsibilities and rights,
and are able and motivated to participate in local and national development activities, and to
hold Government and other service providers accountable.
Strategic actions will include:
(i) Develop and implement a national multi-media program of Information, Education and
Communication(IEC)focusingoncitizens’rightsandresponsibilitiesindevelopment;
(ii) Compile, publish and disseminate simplified versions of decentralisation and related
policies in Sesotho language and in media that all citizens can access;
(iii) Organise training and awareness raising workshops for local leaders and organised civic
groups to train and disseminate information to citizens.
(iv) Develop a strategy for collaboration and partnership with non state institutions (e.g.
CSOs, cooperatives, trade unions, academia, media houses) in areas of civic education
focusing on issues of local accountability,citizens’participation and local development.
(v) Review the national curricula at all levels to integrate civic education aspects, with a focus
on local governance and community development.
3.17 Communication Strategy to foster inter-governmental relations and Change
Management
The Government recognizes the need to improve communication to promote transparency,
accountability and harmonious relationship within Government and with stakeholders. It is a
critical change management factor during sensitive governance reforms like decentralisation.
The Government will ensure that information on all policies, programs, projects and other
service delivery activities are communicated in clear, transparent and accessible ways to
enhance inter-governmental relations, facilitate change management, and build trust among
National Decentralisation Policy for Lesotho
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citizens and other stakeholders. The Government shall ensure that communication from
Government Departments at all levels enhances mutual respect, and avoid contradictions.
The Government shall enhance relationship with media to increase public access to information
and increase media coverage of service delivery issues in rural areas.
Strategic actions include:
(i) Formulate a clear communication strategy with appropriate mechanisms for feedback and
increased public access to information;
(ii) Promote coherent information flow at all levels of Government, inter alia, by:
a. establishing one-stop-centres in all ministries and Local Governments;
b. developing communication skills for all senior Government officials and communications
officers. Particular focus shall be put on local government relations with communities,
political actors, media and development partners;
(iii) Develop a regulatory framework and standard communication guidelines across local
governments to ensure standardised management of information on decentralisation;
(iv) Establish stakeholder dialogue platforms at different levels to facilitate regular free
exchange of information and feedback on decentralisation activities.
3.18 Scaling- up ICT Infrastructure to promote e-government and local economic
transformation
The Government remains committed to its Vision 2020 aspiration of increasing investment in
Information and Communication technologies (ICTs) as a key pillar of national development,
and particularly recognising its potential to mitigate communication barriers in service delivery.
The Government shall leverage the ICTs to promote e-government services and as a mechanism
to extend essential services (e.g. banking, e-business, e-learning) to local people.
The Government will ensure that all Government service delivery centres have access to and
effectively utilise ICT facilities. In this respect, the Government will develop strategic
partnerships with private sector to expand ICTs infrastructure in all districts, with special
emphasis on satellite technologies.
3.19 Strategy for Community Development and Local Innovation
The Government appreciates that Basotho continue to live as communities, and hence strategic
focusoncommunitydevelopmentiscriticaltothenation’ssocioeconomictransformation.The
National Decentralisation Policy for Lesotho
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Government also recognises the value of voluntary community initiatives in citizens’
mobilisation and its potential to increase ownership of development projects, in areas like food
security, micro enterprises, water supply, public health and community security.
The Government shall develop a comprehensive community development strategy to
accelerate community-led local development in all areas throughout the country. The
Government shall establish mechanisms to encourage voluntary activities and self-help
initiatives that promote cultural and socioeconomic development. The Government will
undertake measures to ensure that the spirit of volunteerism is entrenched among Basotho in
rural and urban areas, as a way of strengthening citizens participation and ownership of
development activities.
3.20 Centre of Excellence in Decentralised Governance and Local Development
Local Governance in Lesotho, like its democracy, is unique. It promotes modern democratic
practices while retaining traditional governance and cultural values in which chiefs and the
chieftaincy remain relevant and continue to play an active role. Important lessons learned
during the decentralisation process must be documented and shared with current and future
generations of local and national leaders, scholars, and development actors in Lesotho and
beyond. In this respect, the Government will work with stakeholders to establish and maintain
a national centre of excellence in decentralisation and participatory local governance.
3.21 Developing Sustainable Capacity for effective Decentralization
The Government recognises the significant capacity needs for effective delivery of services at
local level. It also understands that capacity building is a long-term process that requires
considerable investment and immense commitment of all stakeholders.
The Government shall ensure that all Local Governments have sufficient human, institutional,
logistical and infrastructure capacity to deliver quality services to citizens at all levels. The
Government will undertake appropriate measures to eliminate all geographical, economic,
socio-cultural, political and other barriers that local people face in accessing essential services.
The Government shall ensure that line ministries and other Central Government entities are
committed to and have the requisite capacity to lead, guide and facilitate the decentralisation
process, and effectively undertake their new roles after devolution.
National Decentralisation Policy for Lesotho
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Policy actions include:
(i) Formulate a comprehensive capacity building strategy under decentralisation, based on
clearly identified capacity gaps and needs;
(ii) Develop a capacity Building Fund to ensure targeted and reliable response to capacity
building needs of Local Governments and line ministries/agencies as well as non state
actors;
(iii) Establish mechanisms to provide special support Local Governments that face unique
challenges to attract or retain critical skills e.g. accountants, engineers, doctors, etc;
(iv) Establish systems for regular functional analysis and organisational audits of the Local
Governments to enable effective utilisation of available capacities.
National Decentralisation Policy for Lesotho
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4. POLICY IMPLEMENTATION FRAMEWORK
4.1 Priority Setting and Time Frames
The strategic priorities of the Government for Decentralisation as stated in this Policy are many
and all of them are urgent. Nonetheless, it is realistic to appreciate that not everything can be
done at the same time hence priority setting will be a critical aspect of the implementation
strategy. The Government will work with stakeholders to ensure that the policy objectives set
herein are realized in the next 10-15years, and appropriate measures are put in place to scale-
up and sustain the associated benefits during subsequent years.
Identifying high level priority issues to be addressed with respective timeframes and resource
needs, will be done through medium-term strategies and action plans of 3-5 years. These will
be regularly reviewed and continuously updated, to ensure that implementation remains on-
course to achieve the policy objectives. The first such plan will be a five-Year National
Decentralisation Implementation Strategy and Action Plan (NDISAP) to be formulated as soon
as Cabinet adopts the Policy before the end of the Financial Year 2013/14. The first NDISAP will
run from 2014/15- 2019/20. Its review is expected to coincide with the evaluation of Vision
2020, which, in terms of planning, is good coincidence. The Government will ensure that the
strategies and operational plans to implement this Policy are subjected to regular reviews and
external evaluation.
4.2 Cost Implications and Financing of the Implementation Process
A key question for the Decentralisation Policy is what its full implementation will cost. While it
may be rather difficult to accurately cost the full policy implementation given its broad and
long-term nature, it is reasonably manageable when the Policy objectives are translated into
specific strategies and actionable tasks. The GoL will prepare realistic costed plans that
consolidate inputs and interventions of various development actors including line ministries’
projects, relevant donor programs, NGOs and private sector activities linked to
decentralisation.
The Government will ensure that inter-governmental transfers are provided in adequate and
timely manner. In order to have reliable financing of decentralisation, the Government will
National Decentralisation Policy for Lesotho
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undertake intensive resource mobilisation. In this respect, a special Local Development
Facilitation Fund (LDFF) will be set up to support local government investment projects.
The Government will implement programs to develop the needed fiscal and public financial
management capacity within Local Governments to ensure that public funds transferred to
local Governments are properly utilised, and that Local Governments are able to mobilise
additional local financing on their own.
In order to mobilise more funds for decentralisation through budget financing arrangements, a
sector wide approach (SWAp)coordination mechanism for decentralization will be established,
to facilitate mobilisation and coordination of development partners. The Decentralisation
SWAp will also serve as a platform for joint results management and mutual accountability for
all actors involved in decentralisation.
The Government will implement institutional and legal reforms to facilitate effective fiscal
decentralisation with a focus on strengthening PFM performance in Local Governments.
4.3 Institutional Arrangements
The implementation of the Decentralisation Policy will be coordinated by the Ministry
responsible for Local Government and Chieftainship, which shall work with the Office of the
Prime Minister, to establish high level policy structures that must ensure that implementation
process is integrated and well coordinated. National technical structures and thematic
platforms will be established to bring together different actors and stakeholders and integrate
them around the principles of and results expected from decentralisation. The Government will
ensure that all actors are enabled to contribute and play their part productively and
constructively, so as to ensure effective implementation and full ownership of the process and
results. In this respect, multi-sectoral technical teams will be set up at all levels to oversee the
implementation process. The Government will exercise due diligence to ensure that the
institutional structures put in place to facilitate the policy implementation are representative of
allstakeholders’views,interestsandaspirations.
To facilitate coordinated decision-making in decentralisation implementation, Inter-ministerial
committees will be formed at the level of cabinet, chaired by the Deputy Prime Minister and at
the Technical level, chaired by the Government Secretary deputised by the Principal Secretary
of the Ministry responsible for Local Government.
National Decentralisation Policy for Lesotho
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Targeted capacity building activities will be implemented to ensure that all national and local
institutions responsible for implementing decentralisation are adequately capacitated in terms
of technical knowledge and skills, institutional resources and political support to effectively
execute their mandate. The Government will work with stakeholders in public and private
sectors, including academic and research institutions, civil society organisations, and
development partners to ensure that best local and international practices are identified and
implemented, and ensure that lessons and innovations generated from the implementation
process are well documented for use in future activities.
4.4 Monitoring and Evaluation
The Government is committed to managing the decentralisation implementation process in a
transparent and participatory way. A comprehensive yet simple monitoring and evaluation
(M&E) framework will be developed, recognising the various actors working in or with interests
in decentralisation. From sophisticated stakeholders like the Treasury, to nongovernmental
actors at the lowest level (e.g. CBOs), and to donors and media, it is clear that different
stakeholders will require different amounts and types of information. The M&E framework will
be designed to accommodate different systems to enable all stakeholders to access information
on a timely basis without jeopardising the implementation process. Proper documentation of
processes, results and lessons learned during the implementation process will be a critical
component of the M&E framework.
4.5Communication and Stakeholder Engagement
The Government appreciates the sensitivities and stakeholder interests in decentralisation. To
ensure effective involvement of stakeholders, the implementation process will emphasise the
following:
a) Communication: Transparent information flow will be emphasised through regular
reporting and feedback on the implementation progress. The Government will establish
appropriate mechanisms to ensure that all stakeholders have access to up-to-date
information on the implementation process as deemed necessary. Such initiatives will
include stakeholder dialogue plat form sand multi-media communications programs to
facilitate active engagement of citizens, development partners and other interested
parties with the decentralisation process. The Ministry responsible for Local Government
in partnership with line Ministries will develop appropriate communication strategies,
National Decentralisation Policy for Lesotho
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and facilitate alignment of sectoral policies, programmes and budgets with the
decentralisation policy.
b) Partnerships: To effectively communicate and educate all citizens about the Policy and its
implementation process, the GoL will partner with Research and Academic Institutions,
NGOs, religious institutions, cooperatives, organised groups (such as Associations of
Lawyers, Engineers, Teachers, Accountants, Entrepreneurs, Trade Unions) and other
development partners to assist in disseminating information about the policy. These
partners will be encouraged and, where feasible, assisted to implement programs on civic
education and awareness raising, training and capacity building, and to integrate
decentralisation issues into their programmes and projects.
National Decentralisation Policy for Lesotho
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5. CONCLUSION AND FUTURE OUTLOOK
The formulation of this comprehensive National Decentralisation Policy in a highly participatory
process represents the Government’s firm commitment to deepening and widening
participatory democracy, fast-tracking poverty reduction, equitable growth and sustainable
development.
The Government considers the Policy as a tool for renewed, more focused and consistent
efforts to fully devolve powers, responsibilities and resources to local authorities, as the main
mechanism for socioeconomic transformation in Lesotho.
The Government is cognisant of the pessimism that the implementation process could be
delayed or derailed, especially in events of political uncertainty. The Government will leverage
the experiences with previous decentralisation processes, to mitigate any political, fiscal
deficiencies and other risks that the implementation process may be exposed to.
The Government will ensure that there is all inclusive participation, sufficient momentum and
sustained financing, as well as stakeholder motivation to drive the Policy implementation
process. The Government will undertake regular reviews to take stock of the progress and
achievements made, assess whether the policy strategies are still relevant and put in place
sufficient safeguards to overcome bottlenecks and keep the policy implementation on track.
The Government will count on the goodwill and sustained motivation of all leaders at national
andlocallevel,citizensandthecountry’sdevelopmentpartnerstoimplementthepolicyand
keep the process focused despite any challenges. In addition to strategy-based performance
targets to be stipulated in the Implementation plans, the Government will use 3 broad
performance measures, as indicators of overall progress i.e.:
i) the extent to which local authorities are able to deliver services to citizens with limited
direct involvement of central government;
ii) the degree to which citizens feel satisfied with the services provided by local authorities;
iii) the extent of citizens’abilityto hold their leaders and service providers accountable.
Finally, phased implementation guided by clearly stipulated and realistic strategies and action
plans will assist the Government to manage the complex reform process including addressing
stakeholder expectations.
National Decentralisation Policy for Lesotho
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LIST OF DOCUMENTS REVIEWED
EU/GOPA (2009). Chieftainship and Local Governance in Lesotho. Local Governance and Non
State Actors Support Program.
GoL (2012). National Strategic Development Plan: Growth and Development Strategic
Framework, Maseru. March 2012.
GoL (2003). Programme for Implementation of Local Government in Lesotho. Concept,
Structures and Roles.
GoL (2000). National Vision for Lesotho (2020).
Lesotho Government Gazette, Volume XLII. ExtraOrdinary.3
rd
July 1997. Local Government Act
1997.
Lesotho Government Gazette, Volume XIII. ExtraOrdinary. 17
th
December 2008
Lesotho Government Gazette, Volume LV. ExtraOrdinary. 12
th
May 2010
Lesotho Government Gazette, Volume LV. ExtraOrdinary. 17
th
May 2005
Matlho, Libakiso (2012). Gender Dimension of the 2012 Lesotho National Assembly Elections
Outcome. WLSA Lesotho.
Ministry of Finance (2012). Public Finance Management Reform Action Plan 2012-2017/18.
Ministry of Local Government and Chieftainship. Strategic Plan 2009-2013.
MoLG (2009). Decentralisation Action Plan for Lesotho (2009/10- 2010/11).
UNDP (1999). Decentralisation: A Sampling of Definitions. A Working Paper.
World Bank (2014). World Development Report 2013.
http://www.africaneconomicoutlook.org/en/countries/southern-africa/lesotho/.
http://www.bti-project.org/fileadmin/Inhalte/reports/2012/pdf/BTI%202012%20Lesotho.pdf.
BTI 2014: Lesotho Country Report. http://www.bti-
project.de/uploads/tx_jpdownloads/BTI_2014_Lesotho.pdf
National Decentralisation Policy for Lesotho
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ANNEXES
Annex 1: Glossary of Key terms and Concepts Used.
Annex 2: Inter-governmental linkages illustrating the relationship between Central and Local
Governments
Annex 3: Structure of the Local Government
National Decentralisation Policy for Lesotho
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ANNEX 1. GLOSSARY OF KEY TERMS AND CONCEPTS USED
Autonomy: Independence in decision-making and in the execution of such decisions within a given
framework.
Community: A group of people with shared interests living in one village, ward or electoral division.
Council: A council is a body of democratically elected representatives responsible for political
supervision of service delivery in a given geographical or administrative area. In Lesotho, Councils are
constituted at Community Council, Urban Council, Municipal/City and District level.
Decentralisation: Transfer of responsibilities, authority, functions, as well as power and appropriate
resources, to district and sub-district levels. This can take three forms: deconcentration, delegation and
devolution.
Deconcentration is the transfer of functions and resources to lower levels of the same administrative
system while authority over decision-making and use of such resources remains with the centre (i.e.
from the headquarters of an institution or administrative system to the lower levels). In the case of
government administration, this would entail the transfer of some functions performed at the
headquarters of the ministry to provincial, district and/or sub-district offices while power and authority
are retained by the centre.
Delegation is the transfer of functions and resources to a subordinate
10
authority with capacity to act on
behalf of the superior authority with limited or no formal transfer of authority in the same structure. An
example is when an office of lower level is assigned to perform some functions by the higher office e.g.
delegating the distribution of passports to a district or lower level, transferring responsibility for water
service delivery to a Water Supply Agency. However, the delegated office (delegate) is still be required
to consult the higher office on matters that require decision-making except as specifically stipulated.
Devolution refers to the process of transferring functions, responsibilities and resources from the
central Government to lower tiers of Government by legislative provisions so that the entities are legally
empowered to make decisions on their own. The transfer is within formal political structures and is
institutionalized by constitutional means. For example, when the central government transfers
executive authority to democratically elected councils, local authorities empowering them by law to
determine local taxes, raise own revenue and decide on how to use it. Under this form of
decentralization leadership is accountable to the local population through a system of elections. They
are also accountable to Central Government as per established guidelines.
10
Subordinate in a sense that the power to determine such functions are determined by the delegating authority.
National Decentralisation Policy for Lesotho
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Empowerment: Enabling people or groups of people to make decisions on issues affecting their welfare,
through legislative, policy or institutional reforms, as well as through provision of information,
knowledge and skills.
Local Authority: An organised body or institution of Government that has executive or other legally
bestowed jurisdiction over clearly stipulated functions and a clearly delineated area.
Local Entity: An organisation, Agency or other organised group, whether Government or non
Governmental operating in a locality.
Local Government: A system of Government at local level through which local people manage their
affairs, for example Councils. In a fully devolved system, a Local Government functions in many respects
as a Central Government.
Village is a social collection of households with a fixed and well defined geographical location, organised
in the way they live, relate to each other and with other communities.
National Decentralisation Policy for Lesotho – Final Draft
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ANNEX 2: LINKAGES BETWEEN CENTRAL AND LOCAL GOVERNMENT
DISTRICT MAYOR
District Executive Secretary (DES)
Directorate of
Production &
Marketing
- Crop &
Horticultural
production
- Animal Resources
- Cooperatives &
Marketing
- Trade & Industry
Directorate of Admin
& Support Services
- General Admin.
- Human Res. Mgt
- Legal Affairs
- Procurement &
Logistics
- ICT support
Directorate of
Finance &
Accounts
- Budgeting
- Revenue
- Accounts
Directorate of
Infrastructure
- Roads
- Building &
Settlement
- Physical
planning
- Surveys
Directorate of
Planning
- Planning
- Statistics
- Economic
Unit
Directorate of
Education
- Basic Education
(Pre & Primary);
- Secondary Educ.
- BTVET
- Inspectorate
- Non-formal
Education
Directorate of
Environment &
Natural Resources
- Environment&
Forestry
- Land use & Range
management
- Mining & Quarries
- Water services
Directorate of Social
Development
- Labour & Employment
- Gender & Culture
- Youth
- Children
- Elderly & Disability
- Sports & Recreation
Directorate of
Public Health
- Medical
services
- Primary
Health care
- Sanitation &
Hygiene
DISTRICT COUNCIL
Internal Audit
MOLG
SECTORAL MINISTRIES
Min. of Finance
Planning
National Decentralisation Policy for Lesotho
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ANNEX 3: STRUCTURE OF THE LOCAL GOVERNMENT
Direct
orate
of
Educa
tion
- Pre
&
Prima
ry
Educ.;
-
Secon
dary
Educ.
-
BTVET
-
Inspec
torate
- Non-
formal
Educ.
DISTRICT / MUNICIPAL MAYOR
V/Mayor
In-charge of Economic Development Affairs
V/Mayor
In-charge of Social
Development Affairs
District Executive Secretary (DES)/ Town Clerk
Directorate of
Production &
Marketing
- Crop &
Horticultural
production
- Animal resources
- Trade & Industry
- Cooperatives &
Marketing
Directorate of Admin &
Support Services
- General Admin.
- HRM
- Legal Affairs
- Procurement &
Logistics
- ICT Support
Directorate of
Finance &
Accounts
- Budgeting
- Revenue
- Accounts
Directorate of
Infrastructure
- Roads
- Building &
Settlement
- Physical
planning
- Surveys
Directorate of
Planning
- Planning
- Statistics
- Economic
Unit
Directorate of
Education
- Basic (Pre &
Primary) Educ.;
- Secondary Educ.
- BTVET
- Inspectorate
- Non-formal Educ.
Directorate of
Environment &
Natural Resources
- Environment
- Land use & Range
management
- Forestry
- Water
Directorate of Social
Development
- Labour & Employment
- Gender & Culture
- Youth
- Children
- Elderly & Disability
- Sports & Recreation
Information, Documentation &
Public Relations Unit
Directorate of
Public Health
- Medical
services
- Primary
Health
- Sanitation &
Hygiene
DISTRICT/ MUNICIPAL COUNCIL
Monitoring & Evaluation Unit
Internal Audit
Executive Secretary- Community/Town Clerk-Urban
- Finance & Accounts; Logistics
- Technical Officers & Field Extension Assistants
Village Development Coordinator
Village Development Committee (cluster of villages)
Chief
COMMUNITY COUNCIL
Councillor
Clerk to Council
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Notes to Annexes 2 and 3
Annex 2: Structure and Relationship within Local Government
1. The Head of the Local Government is the Mayor with 2 Vice Mayors, one in-charge of
Economic Development Affairs and the other in-charge of Social Development Affairs. The
Mayor has executive powers. The Mayor will regularly report to the Council on the
Executive’s vision and development plan, as well provide briefs on progress towards
implementation of approved plans, and state of the district to which councillors may ask
questions or seek clarification. Vice Mayors will provide day to day political supervision of
the implementation of plans in respective domains (clustered under social and economic
development affairs).
2. The District/ Municipal Council shall be presided over by a Chairperson. The council’s
principal task is to formulate local legislation (bylaws) and provide checks and balances
through political oversight on the Local Government operations, as representatives of the
people. The scope of jurisdiction for local legislation shall be determined by law. The
council shall comprise of directly elected councillors and persons specially nominated on
the basis of the expertise, experience and specific interest in the development of the area.
These nominees shall not be remunerated as councillors but may be facilitated in the
course of their work as the council may afford. They may be requested to chair special
committees such as on Budget and accountability.
3. The District Executive Secretary (or Town Clerk in the case of Municipal and City Local
Government) is the Chief Executive of the District responsible for all financial and
administrative matters. S/he reports to the Mayor and executes the decisions and
directives of the Executive through the administrative and technical structures. All staff in
the Local Government report to him/her. However, heads of Departments and technical
staff will have direct technical relationship with respective line ministries for purposes of
smooth execution of sectoral functions and to avoid overloading the District Chief
Executive with unnecessary bureaucracy. The District Executive Secretary is the most
senior civil servant and head of Public service in the Local Government.
4. The Technical Departments are headed by Directors who are responsible for developing
and executing technical plans in their areas of jurisdiction, within the priorities set by the
Local Government executive, ministerial/ sectoral plans and national policies.
5. The Technical and administrative structure at the lower level (Community and Urban
council), shall be headed by the respective Executive Secretary or Town Clerk. These shall
report directly to the District Executive Secretary/ Municipal Town Clerk.
National Decentralisation Policy for Lesotho
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Annex 1: Intergovernmental relations
The Mayor is the Political head of the Local Government. At the national level, s/he is politically
supervised by the Minister of Local Government on behalf of Cabinet. He, however, has free
contact with political leaders at all levels including line Ministers and Members of Parliament,
especially those whose constituencies fall within the boundaries of his/her district/municipality.
The District Executive Secretary reports to the Mayor for purposes of implementing the
directives of the executive. S/he, however, has responsibility to advice the Mayor if any such
directives are likely to be in conflict with the law. Technically, the District Executive Secretary is
supervised by the Principal Secretary of the Ministry responsible for Local Government. As the
Chief Accounting Officer, the District Executive Secretary routinely consults with and report to
the treasury for all decisions with financial implications including projects for which the local
governments may receive direct external financial support, as all Government expenditure fall
under the Secretary to the Treasury. Similarly, for all technical, administrative and financial
issues regarding sectoral functions, the District Executive Secretary has direct communication
with and has reporting obligations to the Principal Secretaries of the respective line ministries.
As a Chief Accounting Officer of a Government entity with independent cost centre status,
however, s/he is responsible for all technical, administrative and financial accountability. In this
position, the Public Accounts Committee (of Parliament) may require him/her to explain and
take responsibility for such decisions.
