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28 June 2023 | Story Dr Maréve Biljohn | Photo Supplied
Dr Maréve Biljohn
Dr Maréve Biljohn is Head of the Department of Public Administration and Management at the University of the Free State (UFS).


Opinion article by Dr Maréve Biljohn, Head of the Department of Public Administration and Management, University of the Free State (UFS).


Africa Public Service Day was commemorated on 23 June under the theme ‘The African Continental Free Trade Area will require a fit-for-purpose African Public Administration to succeed’. This theme highlights a “fit-for-purpose” public administration, which is of significance for South Africa’s local government sphere given the dismal service-delivery decline in some municipalities. Considering this, a reflection on the state of local governance and service delivery is prudent.


A fit-for-purpose public administration should be anchored in (i) an effective management praxis of systems and processes, as well as (ii) professional and resource capacity that fulfils local government’s mandate of contributing to transformative change in society. Universally this praxis of systems and processes is underpinned by activities of policymaking, organising, human resourcing, financing, work procedures, and control of the functions, structures, and capacities of the public sector. The effective management praxis of public administration systems and processes globally should be underscored by public service traits that are a composite of being professional, qualified, highly skilled, agile, responsive, goal-directed, innovative, and relevant. In South Africa, Section 195 of the Constitution provides the basic guiding principles and values governing the execution of the public administration praxis across the three government spheres.

The public administration praxis in South African municipalities is in distress given the volatile, uncertain, complex, and ambiguous (VUCA) environment in which it functions. Research shows that this distress is attributed to some municipalities’ inability to execute basic functions and service delivery, poor infrastructure planning and maintenance, financial and revenue-generation challenges, corruption, service-delivery protests, and staff turbulence. Partly, this distress is also symptomatic of challenges emanating from factors within internal and external municipal environments. Inherent to municipalities’ VUCA internal environment, these challenges relate to issues of governance, financial management, service delivery, and labour relations. Their recurring nature has also resulted in them being the focus of South African local government reforms over the past 25 years, including the 2009 Local Government Turnaround Strategy, as well as the 2013 Back-to-Basics campaign. Thus, from the 2022 Auditor-General of South Africa report regarding the Municipal Finance Management Act, it is clear that even the last reform has not yielded the desired impact and outcomes. In this regard, service-delivery challenges remain the Achilles heel of South Africa’s local government landscape. 

Institutionally, a lack of or poor service delivery is evident from factors such as insufficient revenue generation, the non-achievement of service-delivery priorities, and not addressing community needs through municipal integrated development plans. Over the past decade, we have seen these factors expose inefficiencies in the South African municipal praxis of systems and processes that underpin the execution of public administration. These inefficiencies are evidenced in the lack of responsiveness of some municipalities to deliver sustainable services and facilitate community participation through their service-delivery system. Consequently, from a service-delivery perspective, the quality and quantity of service outputs delivered to citizens and service recipients in its external environment are either compromised, inferior, or non-existent. From a community participation perspective, research suggests that a lack of community engagement by some South African municipalities affects their responsiveness to the service-delivery needs of citizens. Examples of this are where community engagement is merely embarked on for legislative compliance purposes, but not necessarily prioritised as part of the formal (policies, plans, strategies) and informal (culture) institutions of the organisation. Hence, community priorities are received but not included in municipalities' formal plans. Another example is where community priorities were planned for, but could not be achieved because of a lack of revenue or funding. Lastly, a lack of responsiveness has been reported as part of the contributory reasons for the service-delivery protests that have been at the doorstep of municipalities over the past two decades.

A closer look

The state of local governance and service delivery in some South African municipalities paints a bleak picture. From this picture, it is apparent that the resilience of municipal service-delivery systems – whose functioning should be underpinned by effective public administration management – is under threat. It is also clear that such an effective management praxis of systems and processes underscoring a fit-for-purpose public administration operates at a deficit. This deficit, which is often the result of internal deficiencies, creates grave consequences for the optimal functioning of the municipal service-delivery system. While these systems are institutionally embedded and operated, their optimal functioning is not exclusively institutionally bound. Instead, their optimal functioning is equally grounded in citizen-centred local governance that informs the outputs of the service-delivery system, and through their participation keeps this system accountable. 

While this is the ideal, it is not always the case, and highlights that South African citizens should play a more constructive role in the local governance of municipal service delivery, to ensure its sustainability. Fortunately, we are seeing a social compact emerge where citizens are becoming more organised in challenging the status quo of local governance in municipalities, to preserve the citizen-centred foundations of our democracy. Similarly, we are seeing a citizenry and organised groups that are taking the initiative to collaborate with the public sector in general to address some of the societal challenges that confront our country. These collaborations and the challenging of the status quo are often grounded in principles of transformative social innovation that consider innovative approaches and solutions to address societal challenges. Apart from challenging the status quo, distributing social and economic resources to achieve social justice during service delivery is inherent to transformation. Innovation can occur through the introduction of a new service, product, or technology but its social aspects are underpinned by collaborations, networks, and partnerships that are formed to identify and implement such innovations.

Broader societal capacity and resources needed 

Transformative social innovation’s usefulness as an approach to finding alternative municipal service-delivery solutions reminds us of the citizen-centredness on which the South African local government legislative framework positions our governance and service-delivery systems. Notably, such citizen-centredness relies on society’s broader capacity for social action, citizen agency, and participation. It promotes a more prominent role for citizens to co-create new knowledge and innovative solutions to address municipal challenges. Society’s broader capacity for social action and citizen agency will also be instrumental in shaping the future responsiveness of South African municipalities amidst the recurring challenges cited. Conversely, it is the same societal capacity and citizen agency that should continuously challenge South African municipalities to rethink how fit-for-purpose their public administration is for implementing responsive service-delivery systems.

In conclusion, given the ailing state of service delivery in some South African municipalities, and the concomitant resource and capacity challenges, the reality is that broader societal capacity and resources are needed to restore service delivery. Hence, the local governance of service delivery will require a mix of new modes, constellations, and approaches that upscale citizen agency through the values of sound public governance. This might necessitate public administration and management reforms that reassess the current size and shape of municipalities, with an eye on remaining responsive amidst growing populations, increasing citizen demands, as well as socioeconomic and global challenges.  

News Archive

Resource Manual on Trafficking in Persons for Judicial Officers sees the light
2012-03-27

 

Judge Connie Mocumi, President of the South African Chapter of the International Association of Women Judges (SAC-IAWJ), during the launch of the Resource Manual on Trafficking in Persons for Judicial Officers.
Photo: Leonie Bolleurs
27 March 2012

On Human Rights Day the Department of Criminal and Medical Law in the Faculty of Law at the University of the Free State (UFS) hosted the launch of the Resource Manual on Trafficking in Persons for Judicial Officers compiled by the South African Chapter of the International Association of Women Judges (SAC-IAWJ).

The manual, which will be used by members of the South African judiciary, will equip officials in adjudicating the multifaceted crime of human trafficking.

“Presiding officers must be sensitised about the complexity of the crime. Human trafficking has many faces and presents itself in different ways. A person may for example be trafficked for sexual exploitation, forced labour, the removal of body parts, as well as forced marriages. Expert knowledge is needed to handle these cases effectively in court,” said Dr Kruger, also responsible for the human trafficking initiative in the Unit for Children's Rights at the UFS.

Prior to the launch, a total number of 300 judicial officers, including six judges from the Southern African Development Community (SADC) received training on human trafficking. After receiving this training, the officers were sensitised to scrutinise domestic violence cases as well as inter-country adoption cases in order to identify possible human trafficking activities.

As keynote speaker at the launch, Dr Beatri Kruger from the Department of Criminal and Medical Law at the UFS, said that human traffickers were running operations like a well-oiled machine. They have abundant and sophisticated resources and often bribe corrupt officials to further their criminal activities. In South Africa, people combating human trafficking struggle with a lack of resources as well as comprehensive legislation. Most cases are prosecuted under the Children’s Act and the Sexual Offences Amendment Act of 2007. Unfortunately, this legislation still leaves a gap in the prosecuting of perpetrators. Only trafficking cases where where children are trafficked can be prosecuted under the Children’s Act. In terms of the Sexual Offences Amendment Act perpetrators can be prosecuted for trafficking persons for sexual exploitation only, and not for labour of other forms of trafficking. Therefore the comprehensive Prevention and Combating of Trafficking in Persons Bill 2010 needs to be finalised to cover all forms of trafficking.

There are more slaves today than at any time in the history of humankind. “To combat this serious problem, we need to follow a holistic approach,” said Dr Kruger. This includes prevention (raising awareness), effective prosecution and suitable punishment, the protection of victims, and partnering with all relevant stakeholders, including people in the communities. Community members are often whistle blowers of this crime.

The President of the SAC-IAWJ, Judge Connie Mocumi, handed copies of the manual, a three-year project, to judicial officers present at the launch. The manual covers, among others, the definition of trafficking in persons, trafficking in persons in South Africa and the Southern African region, a legislative framework, victims’ rights and criminal proceedings.

“It is critical that judicial officers appreciate the phenomenon of trafficking in persons in its broader socio-economic context. Therein lays the ability to deal competently with the often-nuanced manifestation of this scourge. The incapacity to recognise these nuances can deny victims access to justice. In that regard, the manual, amongst others, is to become an important empowering adjudication tool for judicial officers,” said Judge Mocumi.

More copies will be printed and be ready for distribution by the beginning of May this year.

Judge Belinda van Heerden, who also attended the launch, said: “There is progress on the judicial and legislative front to bring wrongdoers to book. This manual will go a long way in giving judicial officers insight into the problem.”

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