Two years on, Karachi mayor yet to begin fight to regain powers

MQM, Wasim Akhtar vowed to go into litigation but nothing has happened to date

KARACHI: It has almost been two years since the local government elections were held and more than half of the Karachi Metropolitan Corporation's (KMC) municipal functions and powers were taken away by the Sindh government.

After the 18th Amendment, the provinces were made autonomous but they failed to delegate powers to the local government. The elected KMC's city council has no powers in areas and functions falling under the jurisdiction of Sindh Building Control Authority, master plan department, Karachi Water and Sewerage Board, Lyari Development Authority, Malir Development Authority, Karachi Development Authority and Sindh Solid Waste Management Board (SSWMB).



Before the Local Government Act 2013 was enacted, these departments had already been taken out of the jurisdiction of the KMC. In 2001's Local Government Ordinance, the city mayor, by virtue of his position, was the chairperson of all these civic agencies. However, ever since they have been separated from the KMC, the powers lie with the Sindh government. Even the budget that the council will pass can be amended, modified or changed by the Sindh government.

MQM's reluctance

What is ironic is the conspicuously lacking fervour attributed to the MQM when it comes to dealing with such issues. So far, the Karachi mayor and MQM have been grappling with the situation with mere statements against the Sindh government and haven't done anything concrete to get back the powers.

Earlier in March, the mayor once again vowed to go into litigation for his mayoral powers by invoking Article 140-A of the Constitution of Pakistan as his last resort. However, nothing like that has happened till date.



SC's observation

Last week, the Supreme Court (SC) observed that the Sindh Solid Waste Management Board (SSWMB), which was established to collect and dispose of garbage, should be dissolved for failing to perform.

In a 64-page interim order, the apex court's three-judge bench noted that basic functions, such as collection and disposal of solid waste, effective delivery of sanitation services and provision of free environment, which were assigned to the SSWMB, were carved out from the domain of the municipal bodies to improve collection and disposal of waste from different cities, particularly Karachi.

The bench declared the SSWMB a replica of the Sindh government-owned North Sindh Urban Services Corporation (NSUSC), which was drawing handsome amounts from Asian Development Bank and Sindh government. However, amounts were being misused by the corporation's management, the bench added.

Even after this observation of the SC, the MQM has yet to go to court. Meanwhile, the provincial government seems to be in no mood to transfer even an iota of the power to the local government.

Speaking to The Express Tribune, Local Government Minister Jam Khan Shoro said the SC has not nullified the SSWMB's act, which was passed by the Sindh Assembly. "It was just SC's observation," he said, adding that in Lahore, a Turkish company is doing the garbage collection and that is much more expensive than that of the Sindh's. Referring to the SC's observation about NSUSC, he said SSWMB is not at all a replica of it. The NSUSC was getting foreign funding, whereas, the SSWMB has its own board, Shoro added.

Article 140-A

With the SC's observation, the case of the MQM seemed to have gained some momentum, according to advocate Naeemur Rehman. The constitution's Article 140A says each province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments.

MQM spokesperson Aminul Haque said their party will file its petition in the Sindh High Court to get financial, administrative and political powers for not only the Karachi mayor but all the local government representatives of Sindh.

Rehman said if the case is presented properly, the court could ask the Sindh government to transfer certain powers to the local government.

Fool's paradise

Source privy to the matter in the party have confirmed that barrister Dr Muhammad Farogh Naseem has been contacted by the MQM to fight the case for the mayoral powers.

The MQM, according to the source, was of the idea that they would get the powers in no time after taking over the office. However, to their misfortune, the party split into three groups before the mayor could take reign of his office and their political grip over the city weakened.

The party wanted to get the powers through dialogue and by using its old bargaining tactics with the Sindh government, because going into litigation is a lengthy process. However, the source said, with the drastic changes in the political scenario in 2016, the MQM has realised that they have no option but to go in litigation.

It is possible that the litigation process might take the entire tenure of the local government and in the next elections, the MQM will continue to air the same woes of powers, the source said. The Karachi mayor did not respond to repeated phone calls by The Express Tribune.