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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

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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