Kgatleng district council kgatleng district development committee ministry of local government

National policies and legislation

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15.2National policies and legislation

15.2.1District Administration

The Department was established by an Act of Parliament of 1965. It coordinates the District Development planning process and in addition to other District Administration duties oversees central government development activities in the district.

15.2.2Township and District Act

District Councils were set up by establishment orders under subsidiary legislation, that is the Local Government (District Councils) Act of 1965. This Act prescribed the establishment of councils as bodies corporate and provided the basis for their constitutions, proceedings, staffing, powers and duties, financial arrangements, suspension and dissolution.
The Council is responsible for the provision of Council Statutory services in the district. There are several committees, which run the affairs of the Council. These committees then report to the Kgatleng District Council.

15.2.3Tribal Land Act (1968)

The Tribal Land Act was passed by Parliament in 1968 and came into operation in 1970. It establishes the Tribal Land Boards and describes their boundaries. The Land Boards are body corporate and are empowered by this Act to allocate or cancel any grant of land, authorize change of land use and ensures that grantees abide by development covenants associated with grant of the land. They are empowered under the Act to describe land use zones such as settlements, grazing and arable land after consultation with the District Council.

15.2.4Social Welfare.

The critical issues are destitution, orphan care and home based care programs. Orphan care and home based care programs operate without policies. Orphan care programme operate under a short-term plan of action pending preparation of a policy. Only destitution has a policy, which is discussed below.

15.2.5The Revised National Policy on Destitute Persons

The above policy is an amended policy and updated version of the policy that was introduced in 1980. The framework of the policy is to ensure that government provides minimum assistance to the genuine destitute persons to ensure their good health and welfare.
In addition to the above policies, there is a new policy called Early Childwood Education and Development 2002 it provides nurturing of children, registration, monitoring of pre school institutions that provides for their development.

15.2.6The Revised National Policy on Education

The Revised National Policy on Education (RNPE) was approved by the National Assembly on the 7th April 1994. This policy outlines the government’s reactions to the recommendations of the Report of the National Commission on Education (1993) and lays down policy guidelines and strategies for future educational development.
The goal of the Education Policy is to prepare Batswana for the transition from a traditional agro-based economy that the country aspires to. Besides the demands of the economy, the government considers access to basic education a fundamental human right. The education system must develop moral and social values, cultural identity and self-esteem, good citizenship and desirable work ethics.
The RNPE spells out the strategy for educational development whose long-term perspective is up to 25 years groups in the society through the following main issues:

  • Access and equity

  • Effective preparation of students for life, citizenship and the world of work

  • Improvement and maintenance of quality of the education system

  • Enhancement of the performance and status of the teaching profession

  • Efficient management of the education system

  • Cost effectiveness and cost sharing in the financing of the education system

The role of the Ministry of Local Government is to provide infrastructure for primary schools, maintenance of the schools and provision of rations.

15.2.7Tribal Administration

The Tribal Administration operates under the following Acts:

  • Chieftainship Act: It recognizes traditional leaders as custodians of customary law. These leaders are also empowered to cascade developmental issues to their tribes in consultation with other three local institutions.

  • Local Police Act the Act is a legal instrument used for the appointment, dismissal and a guide to local Police personnel.

  • Customary Court Act: the act guides the traditional leaders and staffs of customary courts. It gives framework for grading the courts and stipulates the warrant of these courts.

15.2.8Village Development Committee Guidelines (2001 Revised)

Village Development Committees were established through a Presidential Directives in 1968 to carry out development projects on a self-help basis. These committees rely on guidelines for their operations. These guidelines are meant to help VDCs to work closely with their communities and to help rekindle and revive their spirit of self-reliance, which seem to have diminished.

15.2.9Waste Management Act

The act spells out procedures for the creation of landfill sites, waste disposal sites and the general sanitation in villages. It has already been stated that the threat to underground pollution exists in the district. The district needs a clear waste management plan to be able to address the issues of waste generation, storage and collection. Already there is a landfill constructed in the district at Pilane and the other one will be constructed at Dikwididi during DDP6.

15.3Local government

15.3.1District Administration

It coordinates the District Development planning process and in addition to other District Administration duties oversees central government development activities in the district. It has offices in Mochudi. In terms of service delivery, it has been discharging its functions satisfactorily.

15.3.2District Council

The core functions of the District Council is to provide basic infrastructure and provision of social services and promotion of community development. It provides basic infrastructure through its departments which are as follows:

  • Council Roads Unit that is responsible for construction and maintenance of rural roads.

  • District Council water supply and waste water which is responsible for provision of potable water and provision and maintenance of sewerage system.

  • Sanitation and Waste Management which is responsible for both solid and waste management in the district.

  • Primary Education and Primary health provision that is charged with provision of primary education facilities and primary health care facilities respectively.

Social services are given by the following Departments:

  • Social and Community Development administers programs such as home based care, orphan care, early childhood, destitution and home economics and community development.

  • Remote Area Development is charged with up-liftment of economic and social status of remote area dwellers.

  • Self Help Housing Scheme is responsible for promotion of rural housing and home ownership for the low-income group of people.

15.3.3Tribal Administration

The Tribal Administration headquarters is located in Mochudi. There are 22 established customary courts of records and 18 headmen of arbitration within the district. The department administers customary law, upholds culture, maintains peace.

15.3.4Land Board

The Land Board is responsible for administration of tribal land allocation, settlements of disputes and land demarcation. Kgatleng Main Land is located in Mochudi with three Sub Land Boards at Mochudi, Artesia and Mmathubudukwane.

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