A legal debate over the division of responsibilities between decentralized local authorities and the central government is brewing in Yaoundé, against the backdrop of road works. The recent incident between agents of the Yaoundé Urban Council (CUY) and personnel from a company contracted by the Ministry of Housing and Urban Development (MINHDU) highlights the ongoing challenges of decentralization in Cameroon.
According to Sylvain MINKA, a legal expert in decentralization, the management of urban roads is in principle the responsibility of decentralized local authorities, in accordance with the law of December 24, 2019. This law gives the city's mayor control over the works, from awarding contracts to execution. The CUY is therefore primarily responsible for rehabilitating Yaoundé's roads.
However, this competence is not absolute. The principle of subsidiarity allows the State to intervene in cases of general interest or local failure. MINKA points out that the Constitution of 1996 maintains a regulatory role for the State within the framework of decentralization. The MINHDU can therefore take over in the event of delays, a company's inability or urgent imperatives. However, this intervention must be framed by administrative supervision mechanisms and be based on a finding of deficiency or a clear delegation. Without this, it is exposed to legal challenges.
The incident involving the alleged detention of company employees by municipal staff raises worrying questions. Deprivation of liberty is the exclusive responsibility of the competent authorities, and such acts could be classified as arbitrary detention or sequestration. This crisis reveals a tension between local autonomy and public efficiency. The State can intervene when necessary, but this power must be strictly controlled. The issue goes beyond road works and touches on the balance of the rule of law.
Beyond infrastructure, this imbroglio underscores the need for clarification of competences for harmonious decentralization that respects individual freedoms in Cameroon.
