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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

UFS law experts publish unique translation
2006-06-21

Attending the launch of the publication were from the left:  Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English.  This source dates back to 1666. 

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law.  It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.  

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa.  The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS.  Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning. 

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority.  “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of  a Frenchman by the name of Pothier.  This treatise was translated into English and was regarded as an au­thority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning. 

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law.  Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands.  "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English  was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law.  Prof Wessels, who  has 15 degrees, spent almost ten years translating the treatise.  The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
21 June 2006

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