Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
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

The failure of the law
2004-06-04

 

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.
 

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

 

 

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept