TRNUC - Clarifications to contents of Anthony Derjacques’ intervention |25 August 2020
Special advisor for local government Daniel Frichot has brought to the attention ofthe Truth, Reconciliation and National Unity Commission (TRNUC) clarifications in regards to the information provided to the commission by Anthony Derjacques during his intervention on Wednesday July 29, 2020 session specifically related to local government.
Mr Derjacques’ intervention was aired live on SBC TV.
Mr Frichot has addressed his letter to the TRNUC chairperson Gabrielle Louise McIntyre.
The ministry is of the view that (i) some of the issues raised and comments made by Mr Derjacques may be considered as his or his political party’s opinion or stand and (ii) that the public should be provided with the right information.
i. The Local Government Act 1991
In 1991, the Government enacted the first Local Government Act. The Act made provisions for the establishment of District Councils. Members of the councils were elected and each council was composed of a chairperson and five other councilors. The chairperson had the dual roles of a legislator in the National Assembly and the executive in the district. This means that the chairperson of the council represented the district in the National Assembly and was also the head of the District Administration Office.
The Councils were established with aim to decentralise government administration, to enable certain services to be provided and decisions devolved from the central administration. However, this was short-lived in view of the provision in the new Constitution adopted in 1993.
ii. Provisions in the New Constitution
The two main political parties represented on the Constitutional Commission mandated to draft the new Constitution at that time agreed on the following provision in the Constitution regarding Local Government.
Provision 167 of the new Constitution refers that:
“(1) A law may, for the purpose of facilitating the administrative functions of the State in respect of its social and economic undertakings contained in Chapter III, provide for the division of Seychelles into such number of units which shall bear such name as the law may specify. (2) A law referred to in Clause (i) may provide for the composition and functions of the units and for all other matters necessary to give effect to the provisions of that clause”.
iii. District Councils replaced by District Administration Offices
In 1994, the Local Government Act 1991 was thus repealed to reflect the spirit of the Constitution of the third Republic. As a result of this development, the District Councils were replaced by the District Administration Offices.
The District Administration Offices still operational to-date, serve as an interface between the community and the government, facilitating the participation of the community in the affairs of the district and promoting access to public services at the local level.
Conscious of the impact brought along by the globalisation phenomena, since 1999, the government adopted a community development approach towards local development with focus on community empowerment, engagement and participation. Important milestones achieved from 1999 to date are as follows:
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1999-2004 |
Introduced District Community Councils in 1999 (members were nominated) |
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1999 |
Established Community Based Groups and Associations |
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2001 |
Established District Social Committees (composed of Social Partners) |
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2006 |
Established the District Teams (composed of Service Providers)
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2007 |
Introduced Annual District Public Meetings (organised by the District Administration Office) |
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2009-todate
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Initiated the Local Government Reform Programme in 2009, aimed at introducing a new democratic system of local governance at community level. The new system will offer a dynamic platform to better scrutinise, ensure transparency and accountability right from the community to Central Government. It will ensure provision of quality services to the people in the community while involving them in decision making about the development of their communities. |
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August 2015 |
Approved Local Government Act by the Seychelles National Assembly |
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October 2016 |
Held meetings with MNAs/District Administrators re: District Administration Working Procedures. It was agreed for them to meet on a monthly basis (MNAs/DAs) |
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January 2017 to date |
Jointly approved and signed (by both the MNA and the District Administrators) the Annual Districts Projects list. |
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June 2018 |
Endorsed by the Cabinet of Ministers, the African Charter on Values and Principles of Decentralisation, Local Governance and Local Development |
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July 13, 2018 to August 31, 2019 |
Introduced the seven Regional Councils (Pilot Project based as per an agreed Bi Partisan Agreement. An Administrative Framework was developed. An end of term evaluation exercise was undertaken. (July 2019) |
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June 2019 |
Ratified by the National Assembly, the Charter African Charter on Values and Principles of Decentralisation, Local Governance and Local Development |
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February 13, 2020 |
Published in the Official Gazette by the Attorney General’s Office, the Local Government Act 2015 (Commencement Notice, 2020 (copy ANNEX 2) |
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February 20, 2020
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Announced by the President of the Republic in his 2020 SONA, that the District Councils elections shall take place on January 21, 22 and 23, 2021 |
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April 6, 2020
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Published in the Official Gazette by the Attorney General’s Office, the Local Government First Election of Councilors Notice, 2020 (copy ANNEX 3) |
We would like to inform the commission that:
i. the term of Regional Councils was for a period of one year and NOT three years.
ii. the Local Government Act 2015 Section (1) specifies that it is the Minister who gives the Commencement Notice and NOT the President as stated by Mr Derjacques. (copy ANNEX 1)
iii. the Local Government Act 2015 Commencement Notice has been published in the Official Gazette – February 13, 2020 (copy ANNEX 2)
iv. the dates of the Local Government first election of Councilors have also already been published in the Official Gazette – April 6, 2020. (copy ANNEX 3) and
v. the Government remains highly committed to the Local Government Reform Process.
We hope that the information provided has brought clarity to the issues. In case the commission needs more information, do not hesitate to contact the undersigned.
Daniel Frichot
Special advisor for local government