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Dr Harlan Cloete
Dr Harlan Cloete is an academic and research fellow in the Centre for Gender and Africa Studies at the University of the Free State. He is the founder of the Great Governance ZA podcast and a founder member of community radio KC107.7 in Paarl in 1996.


Opinion article by Dr Harlan Cloete, Centre for Gender and Africa Studies, University of the Free State.

In the 2022-2023 Local Government Audit, the Auditor-General (AG) notes inadequate skills and capacity, a culture of no accountability and consequence, together with governance failures, as the main weaknesses impeding progress in municipalities. But this is not new, we have heard this before. A predictable surprise, argues Michael Watkins, Canadian-born author of books on leadership and negotiation, arises out of failures of recognition, prioritisation, or mobilisation – when leaders inevitably had all the information about an imminent disaster but failed to act.

In April 2024 the University of the Free State (UFS) handed over a report commissioned by the Local Government Sector Education and Training Authority (LGSeta) titled: “An evidence based human resource development (HRD) assessment to measure and manage its implementation in South African municipalities”.

HRD not effectively measured and managed

This was not smooth sailing, and it was a mission to convince municipalities to participate, as expressed by one official. “Good morning Dr Cloete. I am glad that you are finding a breakthrough elsewhere. Unfortunately, where I am, politics and laziness have been the biggest stumbling blocks. I have even tried to convince them to invite you to our next steering committee meeting and I was told to wait. It just shows these people do not care about improving and changing the status quo through this collaboration. I am just sad.”

Drawing from the responses of a research sample of 572 participants (managers, non-managers and HRD professionals) in 17 municipalities across five provinces, the report concluded that HRD is not being effectively measured and managed, despite a 26-year-old enabling policy framework (Skills Development Act, 1998 and the Employment Equity Act, 1998). The evidence points to a lack of understanding, application and integration of evidenced-based HRD, which if addressed, would increase municipal capability.

Ethical values are poorly practised, evident in the lack of managerial commitment to equal opportunities for the development of people. People development is not a priority and performance management is not taken seriously. The competencies and contributions of staff to service delivery are not fully recognised. The implementation of HRD policies is poor and employees lack insight into these policies. They stand in isolation and fail to connect with the Integrated Development Plan (strategy) and internal transformation (employment equity and performance management).

Because skills development audits are poorly conducted, HRD interventions are not undertaken in line with employee development plans. The municipalities do not apply a variety of approaches, such as formal and informal development, and employees are not presented with sufficient opportunities to practise new competencies and post-skills development interventions. Recognition of prior learning is poorly implemented.

HRD in municipalities 

The organisation of HRD in municipalities is problematic and line managers are not equipped to manage the implementation of projects. HRD outputs are not included in the key performance areas for line managers and interventions are not monitored by the department managers. Line managers, HRD professionals and non-managers are also not collaborating effectively to achieve the objectives.

Councillors and shop stewards (key internal stakeholders) do not understand their roles and responsibilities and senior managers are not supportive of HRD programmes for employees. This, despite people management being identified as a key competency for senior managers. The LGSeta, the South African Local Government Association (Salga) and the Department of Cooperative Governance (DCoG) and Department of Traditional Affairs (DTA) (Cogta) could be collaborating better, as the evidence suggests, but are not doing it.

Employees are not aware of the potential impact of the municipal staff regulations on municipalities. The Municipal Staff Regulations (2021) place municipalities on a new trajectory with a renewed emphasis on increasing organisational capabilities through linking organisational structure and strategy and focusing on performance and development. In the process potential new organisational capabilities and knowledge that could benefit the municipalities are developed but not applied. There is also a glaring absence or awareness of change-management plans.

Recommendations

From the research findings it is further concluded that key indicators in support of knowledge management are not implemented effectively. More than half the participants indicated that they do not know about knowledge management, indicating a clear lack of communication. The performance and development system is not being implemented effectively and data analytics are not used to inform HRD decisions. It is also not known among the research participants whether HRD systems integrate with existing municipal ICT systems. What is more worrying is that the work skills plan evaluation report is the only tool used by the LGSeta to evaluate municipal HRD performance (capability) and is not applied consistently across the provinces.

Our report made a number of recommendations. One being that the LGSeta, as the authority on HRD, should align with the office of the AG through auditing the management performance of HRD in municipalities. Evidenced-based HRD practices provide municipalities with an institutional model to ensure that the performance of managers is included as part of material irregularities reporting (Public Audit Act). An increase in HRD management controls will ensure solutions to the many challenges (financial and human resources) facing local government. Human resources (people) are the most important strategic resources in municipalities and their effective management will foster trust and increase municipal implementation capabilities. This will place local government on a completely new trajectory with effective and efficient management of human resource development and knowledge at the centre of the transformation efforts of local government. This will contribute to Sustainable Development Goal 16 (strong institutions) and hasten the professionalisation of local government as advocated by Salga and the office of the AG. The AG concludes that municipalities should strive for a culture of performance, accountability, transparency and institutional integrity, which will ultimately result in a better life for our people. We agree with the AG. The UFS, as a knowledge partner to local government, is committed to not just produce knowledge for understanding, but for action. If we are to turn around the fortunes of local government then we must act on the recommendations. Phantsi politics and laziness! No more predictable surprises.

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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