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10 May 2024 Photo Supplied
Dr Harlan Cloete
Dr Harlan Cloete is a research fellow in the Department of Public Administration and Management at the University of the Free State.

Opinion article by Dr Harlan Cloete, Department of Public Administration and Management, University of the Free State (UFS).


I know that there is great hype around the upcoming national and provincial elections on 29 May, some going as far as calling this our second 1994 – I get that. But I think that we might be making too much of this and forget that what counts is what takes place between elections. For some reason, we seem to think that voting is enough to bring about change, and we can then sit back as citizens and not wait for services to be delivered to us. Or we think that the coalition government will be the saviour. That we have left it to politicians to decide our fate and we simply capitulate to their whims is beyond me. Sometimes I even hear the argument from academics that ‘I do not vote because it will legitimise the current corrupt system’, or ‘I want nothing to do with politics’ – yet politics has everything to do with you, every day.

Performance of municipalities

South Africa is blessed with a three-tier democracy. Constitutional democracy spells out the Bill of Rights and the governance framework. Representative democracy allows the space to elect political leaders through the ballot, and finally participatory democracy calls for active participation between elections. Locally, this is expressed in the co-creation of an integrated development plan with communities and ward committees – real grassroots governance. However, this process has not been without fault, with many officials simply using this process as a tick-box exercise that makes a mockery of genuine participation that would bring dignity to contested spaces.  What is worse is the performance of our municipalities. Let us take the Free State province as an example. As reported by the Department of Cooperative Development, all 23 municipalities in the Free State are deemed dysfunctional. Consequently, it is no wonder that not a single municipality has managed to attain a clean audit from the Auditor General in the past decade. Ratings Afrika earlier reported that the financial situation of the Mangaung Municipality is so dire that it is struggling to pay its suppliers on time; the capital was also rated the worst metropolitan performer in the Good Governance Africa rating for 2023.This is an inditement on the entire local governance system.

Active citizenship

The National Development Plan identifies active citizenship as the key ingredient to ensure that this democracy works. Eve Ensler reminds us that an activist is someone who cannot but help fight for something. That person is usually not motivated by a need for power, money, or fame but is in fact driven slightly mad by some injustice, some cruelty, some unfairness, so much so that he or she is compelled by some internal moral engine to act or make it better.  Through my Great Governance ZA podcast, I found that there is no shortage of active citizens in our country. Over the past three years, I have conversed with more than 100 passionate people. In Bloemfontein, I crossed paths with Boeta Swart – his organisation Anchor of Hope gets the job done; in the Winnie Madikizela municipality, ethical leader Luvuyo Mahlaka runs a tight ship; and youth development champion and author, Frank Julie, generously shares his gifts and talents throughout the land.  There are so many untold stories.

Activists – need I remind you – are not just active during elections but work passionately in concert with others to make the world a better place. The 2024 elections are important, yes, but the watershed election will be the 2026 local government elections when we will elect new ward councillors and ward committees. And coalitions are here to stay, it is a natural consequence of the electoral system, says Prof Jaap de Visser of the Dullah Omar Institute. The Sustainable Development Plan – specifically goal 16 – speak to peace and justice and strong institutions through partnerships (goal 17). Our future is partnerships – coalitions of people with the right heads, hearts, and eager hands. And yes, sometimes we will be tested and called to work with people that we do not like, agree with, or trust as Adam Kahane puts it. But that should not deter us. Democracy is difficult work, a contact sport.

Make an even greater impact

Voting or participation in elections is a first step, but I am afraid this is not enough. As an academic community specifically, we must use our privileged position in society to make an even greater impact, as advocated by the late Prof Bongani Mayosi, who argues that what matters most is service to society.

The National Development Plan concludes that a comprehensive, coordinated, multi-sectoral approach to development is required. Such an approach must include partnerships between civil society, the private sector, government, and academia. To make this coalition work will require buckets of good(will) and activism. We are on the brink of the new. God helps us as we do and dare.

*Dr Harlan Cloete is a pracademic 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 founder member of community radio KC107.7 in Paarl in 1996.

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News Archive

Democracy and traditional leadership in rural areas explored
2017-09-22

Description: Democracy Tags: Democracy, customary law, human rights, research, constitution 

Prof Lungisile Ntsebeza, recipient of the NRF Hamilton
Naki Award
Photo: Supplied


The Free State Centre for Human Rights held a presentation by Prof Lungisile Ntsebeza on 7 September 2017 at the University of the Free State (UFS) Bloemfontein Campus on the topic of democracy and traditional leadership in rural areas. Prof Ntsebeza is the holder of the AC Jordan Chair in African Studies at the University of Cape Town and the holder of the National Research Foundation (NRF) Research Chair in Land Reform and Democracy in South Africa. 

Conflict between democracy and traditional rule
The topic of democracy and traditional leadership in the rural areas is an example of the tension between democracy and customary law governing the appointment of traditional leaders (headmen) that is currently at play in many parts of the country. Prof Ntsebeza made reference to a court case in the Eastern Cape, where a community successfully challenged the appointment of a headman by the royal family of the area. The contention was whether royal families could appoint headmen in rural communities or if those communities ought to democratically elect their own leaders. He argued that in this specific case, the democratic imperatives of the Constitution did not conflict with customary law because of the particular communal practice of electing leaders. 

The Constitution and customary law

The Constitution of South Africa recognises customary law provisions which are not in conflict with its fundamental values. Difficult legitimacy problems may arise where customary practices are different from those governing this particular case. Ultimately the Constitutional Court would be called upon to resolve inherent tensions and develop customary law in line with the direction foreseen in the Constitution.

Student engagement as a vehicle for change
The event was attended by UFS staff and fourth-year LLB students in the Faculty of Law, and was funded by the Free State Centre for Human Rights at UFS. The programme is one of several that the centre seeks to utilise in engaging students with researchers and scholars in the field of law and human rights. Prof Ntsebeza has given academic presentations on various related and trending topics in the current academic climate, such as decolonising the curriculum, Cecil John Rhodes and others. He was recently awarded the Hamilton Naki Award at the 2017 National Research Foundation Awards.

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