The LG quandary

The apex court on February 1 declared void sections 74 and 75 of the Sindh Local Government Act (SLGA), 2013 at a time when almost all the opposition parties in Sindh were individually protesting against the Sindh Local Government (Amendment) Act, 2021, the latest set of LG laws in the province.

The verdict said the Sindh government must ensure that all its laws are in accordance with Article 140(A) of the Constitution. All provincial governments are bound to set up empowered local governments (LGs) within their jurisdictions, the court noted.

The Muttahida Qaumi Movement (MQM-P) which had originally moved the Supreme Court against the SLGA, 2013 described the verdict as the victory not only of the party, which traditionally represents urban areas of the province, but the victory of all the people of Sindh. The PPP’s reaction was simple and expected but the message was clear that the ruling PPP is not ready to devolve power to the LGs in the province.

Sindh Chief Minister Syed Murad Ali Shah in a candid reaction said, “Should we go home by giving all the authority to the LGs? We will review the verdict and will file a review petition if we have reservations.”

According to some analysts, the PPP which has been ruling the province for almost 14 years finds it difficult to digest the fact that the provincial assemblies and legislators are supposed to make laws and that all the civic affairs are handled by the municipal authorities or the LGs.

Interestingly, the SC verdict is with regard to the LG law of 2013 while the PPP bulldozed a new LG law – the Sindh Local Government (Amendment) Act, 2021 – the provincial assembly amid loud protest by the MQM-P, the Pakistan Tehreek-e-Insaf (PTI) and the Jamaat-e-Islami (JI).

While the new law placed the Sindh Solid Waste Management Board (SSWM) under mayors of metropolitans, it further reduced the powers of the LG representatives as the Sindh government seized control of all the educational and health institutions run by the Karachi Metropolitan Corporation (KMC).

After the passage of the new law, the JI started a protest campaign which continued for around a month. However, the party on January 28 announced ending its sit-in outside the Sindh Assembly after the PPP-led government agreed to amend the contentious LG act.

According to the agreement, all departments of the education and health sectors, including hospitals and dispensaries, would be handed back to the KMC. It was also agreed that the Karachi mayor would be chairperson of the water and sewerage board. The Sindh government also agreed to form the Provincial Finance Commission (PFC) board within 30 days after the LG next elections.

Commenting on the deal, JI leader Usama Razi said, “Our struggle continues to get the agreement reached between the JI and the PPP implemented. We will not accept either civil or martial-law dictatorship. We will keep raising our voice for the just rights of the people.”

However, other political parties rejected the deal between the JI and the Sindh rulers.

On Sunday, January 30, the Pakistan Sarzameen Party (PSP) – a breakaway faction of the MQM – started a sit-in near Fawara Chowk in Karachi demanding of the government to establish the PFC award as envisaged in the SLGA and to devise the mechanism for disbursement of funds.

PSP Joint Secretary Afaq Jamal said, “The PSP has been demanding exactly what is mentioned in the Supreme Court verdict. Now we are demanding that the government must implement the SC verdict with regard to Sindh LGs in letter and spirit.”

Talking to Bol News, PSP Chairman Mustafa Kamal said it is all about funds.

“There has been a demand since 2008 to establish the PFC. The government agrees to do it but what we demand is a step forward.

“We ask for establishing the PFC through a separate act and constituting a mechanism to disburse funds to districts on the basis of formula as described in the NFC [National Finance Commission Award].”

A source in the PPP confirmed that they are negotiating the PSP over the establishment of the PFC as the PPP also wants to make it for the disbursement of funds among the district governments.

“However, we have differences over the mechanism of the PFC and we are finding ways to reach the point of agreement”, he added.  Inner circles of the PPP said the ruling PPP wanted to empower mayors to some extent because the party is facing internal pressure as well.

To a question as to why the party was under pressure, a PPP senior member on condition of anonymity said the offspring of old party members wanted to be elected as mayors in their respective cities and they wanted powers.

He said this was the reason why the PPP government was looking for a face-saving and the JI provided the PPP government an opportunity. The ruling party in center, the PTI, is also preparing to flex its muscles in Sindh and has announced a march from Ghotki to Karachi starting from Feb 26.

Federal Minister for Planning Asad Umer at a presser said the Sindh LG law is contrary to the Article 140 of the Constitution. The PTI demands autonomous LGs, he said.

However, the purpose of PTI’s protest campaign is also to oust the PPP government in Sindh province. On the other hand, PPP Chairman Bilawal Bhutto Zardari is also going to launch a campaign to topple the PTI government in the center.

Talking about the Sindh LG law, PTI Karachi President Bilal Ghaffar said, “We want the Sindh government to repeal the present SLGA and draft a new bill with the consultation of all the stakeholders.”

He said the present SLGA was in contradiction to Article 140A of the Constitution. The PTI wants the LGs to be autonomous but the amendments being suggested would not serve this purpose, he added.  A PPP senior member said the PTI’s demand was not justified and that the law could not be repealed.

The LG matter concerns all people of Sindh but all the opposition parties are separately running campaigns against the Sindh LG law.

‘PPP negotiating with us on LG Law after witnessing our street power’

PSP President, Anees Qaimkhani

By Arman Sabir

KARACHI

Q Why did you start this protest sit-in against SLGA 2021?

Anees Qaikhani: When the provincial government introduced SLGA 2021, we staged protests at five different places in Karachi. But the PPP government said that they don’t recognize PSP. Thereafter, PSP announced to take out a procession from Tibet Centre to CM House. However, after consultation amongst us, we decided to start our protest from the Fountain Chowk. Syed Nasir Hussain Shah and Murtaza Wahab came to meet us on Jan 30th and invited us for negotiation. When they recognised us and invited us for negotiation, we set aside our protest march towards the CM House. But we are staging this sit-in to keep up pressure on the government to accept our demands and amend the Sindh local government law.

What are your main demands?

AQ: There are many demands, but the main demand is to establish Provincial Financial Commission (PFC) Award on the pattern of NFC Award. The Sindh government received 1,000 billion rupees from the federal divisible pool and generated 200 billion from its own resources. There should be a mechanism to disburse a total of 1200 billion rupees among the district governments.  We have handed them over our working paper and talks are in progress.

Does the SC verdict cover

AQ: Yes. Our demands are included in that decision. Even the MQM did not include the demand to establish PFC Award in its document, but the Supreme Court has now directed the Sindh government to establish the PFC Award which is great. The SC decision has supported us to more effectively exert pressure on the government to draft the new SLGA bill in line with section 140a and the SC verdict. Here I want to tell you that the PSP already filed a petition in the Sindh High Court in this connection but the court said that since most of your demands have been addressed in the SC verdict, you have to file a review petition. So we are looking into that as well.

Do you think the PPP will accept your demands and empower the mayor?

AQ: We are trying to convince them. Look, there are three tiers of government – the federal government, the provincial government and the local government. In other countries of the world, city governments are empowered and if PPP does not empower the mayors, it would not be in the benefit of the people of Sindh.

What sort of vibes are you picking up from the PPP leadership?

AQ: The negotiations are being held in a favourable, good atmosphere. We have the only option to trust them because they are running the affairs of the province and they are responsible ministers. Let’s hope for the best. We represent the people and we are raising our voices for the people. If the PPP rulers do not honour the commitments, we will again go to the people and apprise them of the situation.

Why do you think the PPP recognised you all of a sudden and is holding negotiations with you?

AQ: Their response has changed in view of the street power displayed by us. Musafa Kamal asked the people to come out for their rights and they responded superbly. We have shown our street strength and a political party whose roots are in the people is always recognised. We staged five protests at different points in the city and are now staging a protest sit-in at the Fountain Chowk. The PPP has witnessed how PSP has motivated the people and how our party is a major stakeholder in the city. So that has compelled them to hold talks with us.

If your demands are met, will you end the sit-in?

AQ: Protests are held because there are problems. If you solve those problems faced by the people, we have no issues in winding up this protest sit-in. But if you don’t address the issues and solve them then the protests will continue intermittently. We will take every possible course of action to get the people’s problems solved. In cities like New York, London and Istanbul, the mayors are fully empowered and this is the reason why those cities and countries are going from strength to strength.

Here in our country, legislators are looking into sewerage, garbage and water problems. This is not their job, their job is legislation. To tackle the civic problems and many other local issues are the job of a union councilor, UC chairman and the mayor. When everyone is performing well in his or her capacity in their respective jobs, the country will surely prosper and develop.

‘PPP ready to discuss and accept just demands with reference to SLGA’

Special Assistant to Sindh CM, Waqar Mehdi

By Arman Sabir

KARACHI

Q Since the agreement between the government and the Jamaat-e-Islami reached on SLGA, different political parties have started agitation on the SLGA as well. Will the PPP government accommodate them?

Waqar Mehdi: We are ready to listen to the demands for the improvement of Sindh Local Government Law, but we will never bow down to the unjustified demands of any political party. We negotiated with the Jamaat-e-Islami and realised that many of their demands are already included in the SLGA 2021. However, some of their other demands were just and logical and we have accepted them. If any other resonable demand is brought before us, we will surely accept it as we believe in democratic process and the supremacy of law.

After the Jamaat-e-Islami ended its month-long protest sit-in, the Pakistan Sarzameen Party (PSP) has now launched its protest. What do you have to say about that?

WM: The PSP is demanding the establishment of the Provincial Finance Commission (PFC) and it is their basic demand. The PPP has agreed to their demand in principle as we are also in favour of establishing the PFC. It was their just demand and we have no objection. But the difference of opinion between us is on its mechanism. We are negotiating how PFC will work and we hope the modalities will soon be sorted out.

Political parties are staging protests one by one to mount pressure on the Sindh government. Why didn’t you invite all the stakeholders for table talk before the legislation on SLGA?

WM: We had written letters to all of the stakeholders and had asked them for their suggestions before we drafted the bill on SLGA 2021. However, most of them would not come up with any suggestions. Having said that, it is not too late and we are still open to hear their just demands and even ready to sit with them to discuss them.

The Pakistan Tehreek-e-Insaf wanted the government to repeal SLGA 2021 and draft a new bill in consultation with all stakeholders. What do you say about it?

WM: This cannot be done. This is an absolutely unjust demand. Look, we are ready to listen to the demands of all the stakeholders and will adopt them if they are in the benefit of people of the province. But we will not fulfil any such demand which is illogical or unjustified.

Is the Sindh government feeling threatened by these protests?

WM: No. We don’t view these protests as against our government in the province. We just take them as difference of opinion and parties raising voice for their demands with regards to the Sindh Local Government law, that is all. Our government is firmly in place and is trying to do its best for the betterment of people and for uplifting and developing the entire Sindh province including Karachi.

Do you think that the political pressure in Sindh is mounting because the PPP has announced its long march against the PTI government?

WM: No. We don’t think so.

It is being said that the PPP was already under pressure from within the party circles with regards to giving more powers to the mayors because the party’s new generation is eager to contest for mayors’ posts in their respective cities?

WM: This is not true. Look, when Asif Zardari was president, he himself took initiative to abrogate the power under article 58(2)-B in the constitution. Our co-chairman set an example. We believe in democracy and democratic process, in devolution of powers, and in the supremacy of law.