The Role of Local Authorities The Role of Local Authorities in the Management of the Roads in the Management of the Roads

in Malawiin Malawi

IntroductionIntroduction

The Annual National Programme of the The Annual National Programme of the Roads Authority (RA) is designed to meet Roads Authority (RA) is designed to meet short to medium term social, economic and short to medium term social, economic and development policies of the government as development policies of the government as stipulated in the;stipulated in the;Malawi Growth and Development Strategy Malawi Growth and Development Strategy

(MGDS), (MGDS), The National Transport Policy The National Transport Policy (NTP), (NTP), The Roads Sector Programme (RSP), TThe Roads Sector Programme (RSP), TThe RA Five Year Business and The RA Five Year Business and Strategic PlanStrategic Plan..

The MGDS is the overcharging The MGDS is the overcharging development strategy for Malawi for the development strategy for Malawi for the next five years from 2006/07 to 2010/2011 next five years from 2006/07 to 2010/2011 fiscal year. fiscal year. It presents a policy framework that articulates It presents a policy framework that articulates

issues related to both economic growth and issues related to both economic growth and development. development.

The purpose of MGDS is to serve as a single The purpose of MGDS is to serve as a single reference document for policy makers in reference document for policy makers in government, the private sector, and government, the private sector, and cooperating partners on government’s socio-cooperating partners on government’s socio-economic development policies.economic development policies.

Infrastructure is critical to achieving the Infrastructure is critical to achieving the growth and social objectives of growth and social objectives of government. government. Investment in the transport infrastructure Investment in the transport infrastructure

such such as roads, rail, air as roads, rail, air and and water has water has direct direct impact impact in linking in linking production production and and

markets as markets as well as well as improving improving access access to to social social services services

Improved transportation reduces Improved transportation reduces transport transport cost cost and and leads to creation of leads to creation of marketing marketing network network

Construction of infrastructures will create Construction of infrastructures will create employment of people, thereby contributing to employment of people, thereby contributing to

poverty poverty reduction reduction

The national transport goal is to ensure the The national transport goal is to ensure the provision of a coordinated transport environment provision of a coordinated transport environment that fosters a safe and competitive operation of that fosters a safe and competitive operation of commercially viable, financially sustainable, and commercially viable, financially sustainable, and environmentally friendly transport servicesenvironmentally friendly transport services

With respect to roads the National Transport Policy With respect to roads the National Transport Policy seeks to provide an adequate network of roads for seeks to provide an adequate network of roads for the movement of goods and people within, into and the movement of goods and people within, into and out of Malawi, and facilitate the continued out of Malawi, and facilitate the continued development of the country’s rural areas. Through development of the country’s rural areas. Through this policy areas of production would be linked to this policy areas of production would be linked to areas of consumption at national, sub-regional and areas of consumption at national, sub-regional and international levels.international levels.

Road Transport Road Transport

Road transport is the main mode of transport Road transport is the main mode of transport in Malawi in Malawi

Road Road handles more than 70% of internal freight and handles more than 70% of internal freight and 99% of passenger traffic 99% of passenger traffic

Road transport handles more than 90% of Road transport handles more than 90% of international freight and passenger traffic international freight and passenger traffic

It is due to this large volume on internal freight and It is due to this large volume on internal freight and passenger traffic that Malawi government has given passenger traffic that Malawi government has given high priority to maintenance and construction of roads high priority to maintenance and construction of roads in Malawi.in Malawi.

Studies have indicated that, while the core Studies have indicated that, while the core road network seems to be in fair condition, road network seems to be in fair condition, the condition of rural roads and township the condition of rural roads and township roads is below average within Southern roads is below average within Southern Africa region leading to high operating costAfrica region leading to high operating costIt is actually estimated that 55% of the costs of It is actually estimated that 55% of the costs of

production are taken up by transportation costs production are taken up by transportation costs in Malawi compared to 17% of other developing in Malawi compared to 17% of other developing countries countries

Providing improved road network which Providing improved road network which would reduce the cost of transportation would reduce the cost of transportation from rural areas to the markets is therefore from rural areas to the markets is therefore one of the key challenges in the fight of one of the key challenges in the fight of poverty reduction in Malawi poverty reduction in Malawi

Several players have so far been involved Several players have so far been involved in road maintenance activities in Malawi in road maintenance activities in Malawi Roads Authority Roads Authority Malawi Social Action Fund Malawi Social Action Fund Local Authorities Local Authorities EU-Public Works Programme EU-Public Works Programme

This paper has focused on the role of Local This paper has focused on the role of Local Authorities in the Management of Roads in Malawi. Authorities in the Management of Roads in Malawi.

According to the Local Government Act (1998) and According to the Local Government Act (1998) and Decentralization Policy (1998) the responsibility of Decentralization Policy (1998) the responsibility of maintaining rural roads which are not under central maintaining rural roads which are not under central government is in the hands of the Local Authorities. The government is in the hands of the Local Authorities. The Act defines ‘Local Authority’ as district assembly, Town Act defines ‘Local Authority’ as district assembly, Town assembly, Municipal assembly or City Assembly. The roads assembly, Municipal assembly or City Assembly. The roads under the assemblies include; district roads, township under the assemblies include; district roads, township roads, city roads and housing estate roads. roads, city roads and housing estate roads.

In addition to the 1998 Local Government Act which In addition to the 1998 Local Government Act which provides for empowering local authorities, Chapter XIV, provides for empowering local authorities, Chapter XIV, section 146, sub section 2 of the new 1995 constitution of section 146, sub section 2 of the new 1995 constitution of Malawi provides forMalawi provides for creation of local authorities capable of creation of local authorities capable of providing infrastructural and economic development in the providing infrastructural and economic development in the countrycountry. One can therefore conclude that the Local . One can therefore conclude that the Local Authorities are also empowered by the supreme law of the Authorities are also empowered by the supreme law of the land to be involved in the Management of roads in Malawi. land to be involved in the Management of roads in Malawi.

Purpose of the Roads AuthorityPurpose of the Roads Authority The Roads Authority was established in 2006 through an The Roads Authority was established in 2006 through an

Act of Parliament (No. 3 of 2006).Act of Parliament (No. 3 of 2006). The Minister of Transport and Public Works represents The Minister of Transport and Public Works represents

the Government as the ultimate owner of the national the Government as the ultimate owner of the national road network.road network.

The Roads Authority comes under the Minister, and The Roads Authority comes under the Minister, and comprises of a Board with a Secretariat.comprises of a Board with a Secretariat.

The Roads Authority Board consist of ten members:The Roads Authority Board consist of ten members: Six members, including the chairman, representing the private Six members, including the chairman, representing the private

sectorsector Two members representing Public Organizations (Local Two members representing Public Organizations (Local

Government Authorities and City Assemblies).Government Authorities and City Assemblies). Two ex-officio members representing Secretaries for Ministry of Two ex-officio members representing Secretaries for Ministry of

Transport, Public Works and Housing and Local Government).Transport, Public Works and Housing and Local Government).

The main objectives of the Roads Authority The main objectives of the Roads Authority Board Board

Ensure that Public roads are constructed, Ensure that Public roads are constructed, maintained or rehabilitated at all times maintained or rehabilitated at all times

Advise the Minister, and where appropriate, Advise the Minister, and where appropriate, the Minister responsible for Local Government the Minister responsible for Local Government on the preparation and efficient and effective on the preparation and efficient and effective implementation of the annual national roads implementation of the annual national roads programme referred to in section 22 of the programme referred to in section 22 of the Roads Authority Act.Roads Authority Act.

The Roads Authority Five Year Strategic The Roads Authority Five Year Strategic Business PlanBusiness Plan

The Roads Authority developed a five year-year The Roads Authority developed a five year-year business and strategic plan whose main objective business and strategic plan whose main objective is to improve accessibility of roads for the benefit is to improve accessibility of roads for the benefit of the population. The present road network of the population. The present road network condition is;condition is; 21% good,21% good, 37% fair and37% fair and 42% poor. 42% poor.

The targeted road network condition by year 2011 is;The targeted road network condition by year 2011 is; 71% good,71% good, 18% fair and 18% fair and 11% poor.11% poor.

The above targets would be achieved by The above targets would be achieved by carrying out the following road programme carrying out the following road programme interventions.interventions.Routine maintenance of paved and unpaved roads Routine maintenance of paved and unpaved roads Periodic maintenance of paved and unpaved road Periodic maintenance of paved and unpaved road

networknetworkRehabilitation of paved and unpaved roads Rehabilitation of paved and unpaved roads Upgrading and construction of earth road to paved Upgrading and construction of earth road to paved

roads, and roads, and Replacement of timber decked bridges with concrete Replacement of timber decked bridges with concrete

decked bridges decked bridges

The Malawi Road NetworkThe Malawi Road Network

The Road Network is composed of 15.451km of The Road Network is composed of 15.451km of which about 26% are paved. 74% of the road which about 26% are paved. 74% of the road network is earth/gravel surface.network is earth/gravel surface.

Road re-classification studies done in 2006 Road re-classification studies done in 2006 identified about 9,478km of undesignated road identified about 9,478km of undesignated road network that serve the rural communities.network that serve the rural communities.

The main, secondary and tertiary roads effectively The main, secondary and tertiary roads effectively make up the country’s core network, with make up the country’s core network, with remaining roads acting as feeder system.remaining roads acting as feeder system.

Malawi Road Network Classification (April 2008)Malawi Road Network Classification (April 2008)TypeType PavedPaved UnpavedUnpaved Total NetworkTotal Network

KmKm %Share%Share KmKm %Share%Share KmKm %Share%Share

Main (M)Main (M) 2,8092,809 6969 548548 55 3,3573,357 2222

Secondary (S)Secondary (S) 442442 1111 2,6832,683 2424 3,1253,125 2020

Tertiary (T)Tertiary (T) 4444 11 1,0771,077 3636 4,1214,121 2727

District (D)District (D) 88 00 3,4983,498 3131 3,5003,500 2323

Urban (U)Urban (U) 770770 1919 578578 55 1,3481,348 99

Total Total DesignatedDesignated

4,0734,073 100100 11,37811,378 100100 15,45115,451 100100

%Share%Share 2626 7474 100100

Community Community Road NetworkRoad Network

00 9,4789,478 9,4789,478 3838

Total Road Total Road NetworkNetwork

4,0734,073 20,85620,856 24,92924,929

The Current Role of the Local The Current Role of the Local

Authorities in Management of RoadsAuthorities in Management of Roads Since 1999 when the Ministry of Works Since 1999 when the Ministry of Works

stopped maintaining roads directly four stopped maintaining roads directly four institutions namely institutions namely NRA, NRA, MASAF,MASAF, Local Authorities and Local Authorities and Public Works Programme (PMU) Public Works Programme (PMU)

have been involved in road maintenance activities have been involved in road maintenance activities at urban and district assembly level. at urban and district assembly level.

(a) (a) The Local Assemblies are under Ministry of Local The Local Assemblies are under Ministry of Local Government and were empowered by the 1998 Government and were empowered by the 1998 Local government Act to be maintaining roads Local government Act to be maintaining roads within the urban areas or districts. As discussed within the urban areas or districts. As discussed earlier, the assemblies were to be funded by the earlier, the assemblies were to be funded by the NRA and through local taxes within the district NRA and through local taxes within the district and donor communities in addition to the and donor communities in addition to the government direct transfers. government direct transfers. However due to However due to capacity issues the ability of the assemblies to capacity issues the ability of the assemblies to maintain urban and district roads on their own maintain urban and district roads on their own has not been satisfactoryhas not been satisfactory. .

(b) (b) The Public Works Program Unit (PMU) The Public Works Program Unit (PMU) funded by European Union through local funded by European Union through local government assist in road maintenance by government assist in road maintenance by using labour intensive methods in selected using labour intensive methods in selected areas within the districts with an aim of areas within the districts with an aim of empowering local Malawians financially and empowering local Malawians financially and ensuring ownership of the structures. But ensuring ownership of the structures. But since these are grant aid programmes they since these are grant aid programmes they normally come to an end at the end of normally come to an end at the end of program periods and they only target limited program periods and they only target limited areas.areas.

(c) (c) The Malawi Social Action Fund (MASAF) was The Malawi Social Action Fund (MASAF) was instituted by government in 1995 to be directly instituted by government in 1995 to be directly funding rural communities in different funding rural communities in different development activities, road maintenance development activities, road maintenance inclusive, as away of empowering the rural inclusive, as away of empowering the rural communities economically. Its main focus was communities economically. Its main focus was not road maintenance but any other not road maintenance but any other development activity chosen by the community development activity chosen by the community itself. There were however no specific working itself. There were however no specific working agreements between MASAF and the NRA as a agreements between MASAF and the NRA as a result there was no institution to harmonize and result there was no institution to harmonize and coordinate coordinate road maintenance specifications and road maintenance specifications and standardsstandards. .

(d) (d) According to the 1997 National Roads Authority According to the 1997 National Roads Authority Act, the overall objectives of the NRA were to Act, the overall objectives of the NRA were to collect money for all road maintenance activities in collect money for all road maintenance activities in Malawi and to maintain all designated roads in Malawi and to maintain all designated roads in Malawi. Malawi. The NRA was supposed to be remitting about 35% of The NRA was supposed to be remitting about 35% of

the collected revenue through fuel levy to the the collected revenue through fuel levy to the assemblies for maintenance of roads in the assemblies assemblies for maintenance of roads in the assemblies and use the remaining 65% for maintaining the central and use the remaining 65% for maintaining the central roads. roads.

However due to capacity problems in the assemblies the However due to capacity problems in the assemblies the NRA took the responsibility of maintaining the urban and NRA took the responsibility of maintaining the urban and district roads.district roads.The key role for the Local Assemblies in The key role for the Local Assemblies in this case was to assist in planning by identifying priority this case was to assist in planning by identifying priority roads for maintenance within each assembly road roads for maintenance within each assembly road network; in direct consultation with NRA zonal offices. network; in direct consultation with NRA zonal offices.

The NRA now has been replaced by two new The NRA now has been replaced by two new institutions; institutions; the Roads Authority formed by an Act of parliament of the Roads Authority formed by an Act of parliament of

2006 to be specifically responsible for road 2006 to be specifically responsible for road maintenance, and maintenance, and

the Road Fund Administration also formed by Act of the Road Fund Administration also formed by Act of parliament of 2006 to be specifically responsible for parliament of 2006 to be specifically responsible for collecting and disbursing road maintenance funds to collecting and disbursing road maintenance funds to both the Local Assemblies and the RAboth the Local Assemblies and the RA

The two new institutions became operational in The two new institutions became operational in July 2007. The RA has three Regional Offices July 2007. The RA has three Regional Offices working in close liaison with the local assemblies working in close liaison with the local assemblies within each region. within each region.

The Current Role of the RA in The Current Role of the RA in Management of Urban & District RoadsManagement of Urban & District Roads Due to capacity problems in the Local Due to capacity problems in the Local

Assemblies Assemblies the Roads Authority maintains and the Roads Authority maintains and rehabilitates urban and district roads using 35% rehabilitates urban and district roads using 35% of total road maintenance annual budget.of total road maintenance annual budget.

The roads to be maintained are prioritized by The roads to be maintained are prioritized by the assemblies themselves through a standard the assemblies themselves through a standard Form for budget proposal, which is sent to all Form for budget proposal, which is sent to all assemblies each year during budgeting periodassemblies each year during budgeting period

The assemblies prioritize the designated district The assemblies prioritize the designated district roads based on equity, accessibility, potential roads based on equity, accessibility, potential mode of transport and road network linkages mode of transport and road network linkages among other reasons. This consultation is very among other reasons. This consultation is very crucial because it ensures that the most important crucial because it ensures that the most important urban and district roads are prioritized and urban and district roads are prioritized and therefore maintained to the acceptable service therefore maintained to the acceptable service level all the time level all the time

The Roads Authority however encounters The Roads Authority however encounters challenges during this process because not all challenges during this process because not all assemblies submit the information on time. In assemblies submit the information on time. In some cases no input is obtained from the some cases no input is obtained from the assemblies. The prioritization in other instances is assemblies. The prioritization in other instances is done without consulting all concerned done without consulting all concerned stakeholders stakeholders (e.g. Members of Parliament and (e.g. Members of Parliament and Traditional Authorities)Traditional Authorities)

The Ideal Roles & Responsibilities of the The Ideal Roles & Responsibilities of the RA and Local Authorities in the RA and Local Authorities in the Management of Urban & District RoadsManagement of Urban & District Roads

The Road Maintenance Initiative (RMI) The Road Maintenance Initiative (RMI) proposed the creation of Roads Authority to be proposed the creation of Roads Authority to be primarily responsible for the maintenance of the primarily responsible for the maintenance of the core network (core network (main, secondary and tertiary main, secondary and tertiary roadsroads). The assemblies were supposed to be ). The assemblies were supposed to be responsible for maintaining the urban, district responsible for maintaining the urban, district and other feeder roads as and other feeder roads as roads authoritiesroads authorities in in their own respect.their own respect.

Under this arrangement the assemblies would Under this arrangement the assemblies would draw funds from the Road Fund for the routine draw funds from the Road Fund for the routine and periodic maintenance of roads, tracks and and periodic maintenance of roads, tracks and trails on a trails on a cost sharing basiscost sharing basis. . (Road Fund Act (Road Fund Act No. 4 of 2006 section 19 (a) (ii)No. 4 of 2006 section 19 (a) (ii). This is because . This is because the current funding level of 35% of Annual the current funding level of 35% of Annual National Roads budget for the maintenance of National Roads budget for the maintenance of urban and district roads is not adequate to urban and district roads is not adequate to cover all the roads under the district and city cover all the roads under the district and city assembliesassemblies

The assemblies should therefore develop The assemblies should therefore develop capacities to handle road capacities to handle road maintenance/rehabilitation of roads within their maintenance/rehabilitation of roads within their mandate. They should have the capacity to: mandate. They should have the capacity to: – Prepare annual roads programme for submission to the Prepare annual roads programme for submission to the

Road Fund Administration.Road Fund Administration.– Prepare bidding documents to be used for procurement Prepare bidding documents to be used for procurement

of works and services from civil engineering of works and services from civil engineering contractors/consultants.contractors/consultants.

– Monitor/supervise the implementation of the works Monitor/supervise the implementation of the works through consultants.through consultants.

– Approve payment certificates of contractors/consultants Approve payment certificates of contractors/consultants for for direct paymentdirect payment by the Roads Fund Administration. by the Roads Fund Administration.

The Roads Authority should therefore gradually The Roads Authority should therefore gradually devolve responsibilities to the assemblies for devolve responsibilities to the assemblies for maintenance of urban & district roads. The RA maintenance of urban & district roads. The RA in turn will concentrate on the maintenance and in turn will concentrate on the maintenance and rehabilitation of the core network of rehabilitation of the core network of 10,60310,603 km. km. Technical assistance in the preparation, Technical assistance in the preparation, procurement and implementation of the works procurement and implementation of the works contracts should continue to be rendered by the contracts should continue to be rendered by the RA until the assemblies have acquired RA until the assemblies have acquired appropriate capacities appropriate capacities

Key Stumbling blocks for successful Key Stumbling blocks for successful Participation of Local Authorities in the Participation of Local Authorities in the Management of RoadsManagement of Roads

Secure existence of actors mainly at lower Secure existence of actors mainly at lower level. Local authorities or lower level level. Local authorities or lower level institutions where authority and power has institutions where authority and power has been transferred can not perform properly been transferred can not perform properly if their authority is being influence by if their authority is being influence by those in higher Authoritythose in higher Authority

Capacity (Resources) and autonomyCapacity (Resources) and autonomy(a)(a) The local authorities should have the right to collect local The local authorities should have the right to collect local

taxes and fees and to solicit funds from central taxes and fees and to solicit funds from central government necessary for them to execute tasks and government necessary for them to execute tasks and responsibilities transferred to them.responsibilities transferred to them.

(b)(b) They should have the right to spend the collected money They should have the right to spend the collected money without excessive prior authorization by higher levels of without excessive prior authorization by higher levels of government.government.

(c)(c) They should have the right to make decisions on local They should have the right to make decisions on local activities including local development projects without activities including local development projects without undue interference by national planning authorities and undue interference by national planning authorities and line ministriesline ministries

(d)(d) The local authorities should have sufficient, well trained The local authorities should have sufficient, well trained and qualified local staff and the right to appoint and and qualified local staff and the right to appoint and dismiss such staff if necessary.dismiss such staff if necessary.

(e)(e) They should have necessary technical support and They should have necessary technical support and advice from the higher level government. advice from the higher level government.

Accountability and TransparencyAccountability and Transparency

(a)(a) Making the local authorities accountable Making the local authorities accountable to their members and citizens. to their members and citizens.

(b)(b) The local authorities should also be The local authorities should also be accountable to the higher levels of accountable to the higher levels of government. The supervising authorities government. The supervising authorities should exercise some control regarding should exercise some control regarding financial matters and should have well financial matters and should have well established procedures for punishing established procedures for punishing those who have violated the procedures.those who have violated the procedures.

Political WillPolitical Will

The success of any decentralization The success of any decentralization efforts including road management efforts including road management depends, to a larger extent, on a strong depends, to a larger extent, on a strong political will. There should be a strong political will. There should be a strong political will for government to implement political will for government to implement its policies. Lack of political will may its policies. Lack of political will may have had negative impact on proper have had negative impact on proper management of road maintenance management of road maintenance activities in Malawi.activities in Malawi.

Strong Legal framework and LegitimacyStrong Legal framework and Legitimacy. . There is need for a properly set-out and clear There is need for a properly set-out and clear legal frame work in terms of powers, rights, legal frame work in terms of powers, rights, duties and responsibilities. Without such a duties and responsibilities. Without such a framework it is always impossible to know who framework it is always impossible to know who is responsible for what category of road is responsible for what category of road network.network.

Additional Roles which the District Assemblies Additional Roles which the District Assemblies should play in the Management of Roads in should play in the Management of Roads in MalawiMalawiThe District Assemblies have major role to play in The District Assemblies have major role to play in

stopping vandalism and illegal development within stopping vandalism and illegal development within the road reserve. The Chiefs can be sensitized on the the road reserve. The Chiefs can be sensitized on the negative impact of vandalizing road signs and negative impact of vandalizing road signs and drainage structures so that they take ownership of drainage structures so that they take ownership of the road infrastructure.the road infrastructure.

Cultivation within the Cultivation within the road reserveroad reserve and side drains is and side drains is quite rampant in all the districts of the country. quite rampant in all the districts of the country. District Assemblies through the local leaders can act District Assemblies through the local leaders can act decisively on this matter. Most roads get damaged/ decisively on this matter. Most roads get damaged/ weakened due to stagnant water along the road side weakened due to stagnant water along the road side drains, which have been blocked deliberately. drains, which have been blocked deliberately.

Construction of structures within the road reserve is Construction of structures within the road reserve is another area in which the assemblies can play a vital another area in which the assemblies can play a vital role in halting this malpractice by issuing stop orders role in halting this malpractice by issuing stop orders to such developments.to such developments.

Way forwardWay forward

As a way forward the following need to be looked As a way forward the following need to be looked intointo;;The issue of technical capacities in the assemblies needs The issue of technical capacities in the assemblies needs

to be addressed immediately so as to empower them to to be addressed immediately so as to empower them to manage the road network under their jurisdiction.manage the road network under their jurisdiction.

There is need for well documented procedure There is need for well documented procedure agreements between Roads Fund Administration and the agreements between Roads Fund Administration and the Local Authorities in the funding and management of the Local Authorities in the funding and management of the urban & district roads.urban & district roads.

There should be a strong political will from government to There should be a strong political will from government to complete the decentralization process to enable the local complete the decentralization process to enable the local assemblies make autonomous decisions in the assemblies make autonomous decisions in the management of urban & district road network.management of urban & district road network.