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03 March 2025 Photo Supplied
Dr Harlan Cloete
Dr Harlan Cloete is an engaged scholar and research fellow in the Centre for Gender and Africa Studies at the UFS.

Opinion article by Dr Harlan Cloete, Centre for Gender and Africa Studies, University of the Free State.
 President Cyril Ramaphosa delivered the State of the Nation Address (SONA) as the first president without an ANC majority in Parliament. He addressed several critical issues, committing his Government of National Unity (GNU) departments to take decisive action to tackle the persistent challenges of unemployment, poverty, and inequality. The strategy involves prioritising inclusive growth, job creation, poverty alleviation, and building a capable, ethical, and developmental state. Additionally, the president emphasised the need for national dialogue and pledged to reform local governance through a review of the 1998 White Paper on Local Government.

The current White Paper defines developmental local government as a system committed to working with citizens and community groups to find sustainable ways to meet social, economic, and material needs while enhancing the quality of life. It emphasises targeting marginalised and excluded groups within communities, such as women, people with disabilities, and those living in extreme poverty. Highlighting the central role of local government, South African Local Government Association (Salga) president Bheki Stofile noted that local governments are responsible for delivering 46% of public services, including water supply, electricity, sanitation, and refuse removal, yet receive only 10% of national revenue. At the same time, municipalities have accumulated a staggering total debt of R386.5 billion and owe creditors R117.5 billion.

To say that local government is in crisis would be an understatement. The 30-year government review reveals that economic, political, spatial, and institutional disparities hinder municipalities’ ability to deliver services. An estimated 29% of municipalities are on the verge of operational collapse, pointing to systemic dysfunction rooted in governance failures and limited capacity. Research conducted by the Centre for Gender and Africa Studies at the University of the Free State in partnership with the Local Government Seta over the past three years confirms the poor state of knowledge management, the lack of evidence-based human resource development practices, persistent barriers facing women in local government, and challenges in implementing the Municipal Staff Regulations. Simply increasing fiscal allocations to local government without addressing the root causes of these failures would be like pouring money down the drain.

The case for local dialogues

Any conversation about building a capable state must begin with functional, ethical, and developmental local governance. This requires shifting from a national dialogue to local dialogues that can feed into a national dialogue. For the past 25 years, local governments have produced five-year Integrated Development Plans (IDPs) in partnership with communities, yet the outcomes have been disappointing. We have failed to transform data into actionable knowledge that can tackle challenges in a participatory manner. The marginalised and poor have become passive spectators in a system meant to empower them. They lack agency and have lost confidence in local government and the ward committee system, which was designed to be the functional backbone of participatory democracy. Meanwhile, the middle class, equipped with agency and resources, has become increasingly disengaged. What we are witnessing is a form of “wicked compliance” — a tick-box approach to democracy that echoes the late Malcolm X’s critique: “We do not have a democracy... we have hypocrisy.”

To move beyond this, the local government review must be accompanied by local dialogues, led by community members, businesses, academia, and local government, as envisioned in the National Development Plan (NDP). However, these dialogues should not be led by local government but rather by the collective. This represents a shift from traditional government (top-down) to governance (co-created), as advocated by sociologist Francois Theron. Such co-created spaces allow communities to craft pragmatic future visions and strategise from the future backward. These dialogues should encourage genuine and innovative conversations about the future, positioning local government as a co-creator and collaborator, rather than simply another participant in a talk shop.

Framework for future-focused local dialogues

A future-focused local dialogue should be addressed using the Governance 5iQ framework that asks five fundamental governance questions:

1. Why do we do what we do? (Vision)
2. How do we do what we do? (Mission)
3. How do we know we are on track? (Monitoring and Evaluation)
4. What do we do if we are not on track? (Consequence Management)

5. How do we lead and learn? (Knowledge Management)

For local governance to be effective, policies must be implemented by committed, competent, and caring individuals. Additionally, policies should be reviewed to assess whether they create opportunities for the poor and the youth. If local economic development is to succeed, then supply chain processes must be aligned with developmental objectives. A valuable case study is Daleel Jacobs, Supply Chain Manager at Stellenbosch Municipality, whose master’s thesis demonstrates innovative ways to fulfil the spirit of the law while delivering tangible outcomes.

Addressing political interference and embracing digital transformation

Research conducted across 32 municipalities in all nine provinces reveals that political interference is a significant barrier to effective implementation. Politicians are frequently accused of meddling, overstepping their boundaries, and lacking both insight and foresight. As coalitions become more common post-2026 elections, political parties must adopt transparent candidate-vetting processes. The Coalition Bill could provide much-needed stability by introducing an executive committee system where power is proportionally distributed in the absence of a majority party. Moreover, local governments must leverage digital transformation. In August 2024, the government launched the National Artificial Intelligence Policy Framework. Local governments should harness AI tools to enhance efficiency and effectiveness. Following the example of the University of Kehl in Germany, which introduced a degree in Digital Public Management five years ago, South African institutions should also prepare the next generation of public managers for a digital future.

Leading into the future

South Africa's vibrant democracy is mirrored by the volatility, uncertainty, complexity, and ambiguity that characterise local governance. Leaders are tasked with bringing clarity and certainty, eliminating contradictions, and fostering a compelling vision of the future. However, crafting a vision is not enough; we must actively work towards and embody this preferred future.

The president may deliver the SONA, but the true state of the nation depends on all of us. By prioritising local dialogues and a collaborative governance model, we can lay the foundation for sustainable local governance that truly serves the people.

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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