Mayor or Commissioner?: Cities in Sindh wake up, wondering who’s in charge

SLGO 2001 elapsed on Friday but Sindh govt has yet to issue a notification.

KARACHI: At midnight on Friday, Sindh plunged into an unprecedented legal limbo.

The Sindh Local Government Ordinance (SLGO) 2001, issued for 90 days by Governor Sindh, elapsed on November 4, after coalition partners Pakistan Peoples Party (PPP) and the Muttahida Qaumi Movement (MQM) could not arrive at a consensus for a mutually-agreeable governance system for the province.

The government, however, did not issue any notification on the restoration of the old commissionerate system and the 1979 local government ordinance following the lapse of SLGO 2001, leaving stakeholders wondering who’s in charge.

Legal lacuna

Does the expiration of the ordinance mean the province reverts back to the old system? Constitutional experts differ.

“Legally, old local government and commissionerate system would automatically be restored if existing ordinance issued by the governor expires on Friday,” said renowned lawyer SM Zaffar while speaking to The Express Tribune earlier. Following the 18th Amendment, the governor cannot issue or extend the local government ordinance, he added.

But former advocate-general Naseem Farogh said the old system is not automatically restored. “Once the 1979 system has been repealed by the governor, it cannot be restored. If it is, one can challenge it in court,” he said.

Either way, the government appears unfazed at this legal lacuna and Chief Secretary Sindh said that notification regarding the appointment of commissioners has not been issued. While the decision has been made, the notification would be issued following the Chief Minister’s return from Hajj, sources said.

Sources, however, add that MQM and PPP leaders will meet at the chief minister house on Saturday, and are expected to address a joint press conference following it.

Pussyfooting before the deadline

A day earlier, the government had claimed that both PPP and MQM have arrived at an agreement and a new system, Sindh Local Government System 2011, would be implemented by presenting a bill in Sindh Assembly.

Three consecutive meetings between representatives of both parties, however, could yield little progress.

The MQM had asked the government to either extend the ordinance, or issue a new one until the partners arrive at a mutually-agreeable legislation, but the PPP refused, saying the governor did not have the authority to do either post 18th Amendment.

There was also confusion over the ordinance’s expiration. Legislators from both parties initially believed it would lapse on November 7, and they had enough time to hammer it out, but were informed on Thursday that it would expire in hours, and they had no time to convene an assembly session. The MQM legislators were assured, however, that a bill would be presented in the assembly after Eid, following consultations with other coalition partners, the PML-F and ANP, that have been demanding the restoration of commissionerate system.

They’re not the only opponents – a majority of PPP lawmakers from Sindh Assembly, led by former home minister Dr Zulfiqar Mirza, had publicly announced they would vote against SLGO 2001 if government brought it to the assembly floor.

Legality of the new system

The MQM did not react immediately either and has called for a party meeting on Saturday.

Speaking to the media earlier, MQM leader Sardar Ahmed said: “The ordinance is not a big issue; we are giving importance to the legalisation of the upcoming system.”

He said that both the coalition partners were trying to evolve a consensus on the new local government system, but admitted that there was some confusion over its legal position.

He said the PPP leaders have asked for more time to consult with their party leadership.

“I hope the issue will be resolved soon and we will be able to make a new law after Eid,” Ahmed said.

Published in The Express Tribune, November 5^th,  2011.