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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

Twenty years of the constitution of South Africa – cause for celebration and reflection
2016-05-11

Description: Judge Azar Cachalia Tags: Judge Azar Cachalia

Judge Azar Cachalia

The University of the Free State’s Centre for Human Rights and the Faculty of Law held the celebration of the twentieth anniversary of the adoption of the South African Constitution on 11 May 2016 on the Bloemfontein Campus.  Students and faculty members celebrated and reflected on not only the achievements of the constitution but also on perspectives regarding its relevance in modern society, and to what extent it has upheld the human rights of all citizens of South Africa.

The panel discussion started with a presentation on the pre-1996 perspective by Judge Azar Cachalia of the Supreme Court of Appeal.  Judge Cachalia reflected on his role in the realisation and upholding of the constitution, from his days as a student activist, then as an attorney representing detainees during political turmoil, and currently as a judge: “My role as an attorney was to defend people arrested for public violence. My role as a judge today is to uphold the constitution.”  He stressed the importance of the constitution today, and the responsibility institutions such as the police service have in upholding human rights.  Judge Cachalia played a significant role in drafting the new Police Act around 1990, an Act which was to ensure that the offences perpetrated by the police during apartheid did not continue in the current democratic era. Further, he pointed out that societal turmoil has the potential to make society forget about the hard work that was put into structures upholding human rights. “Constitutions are drafted in moments of calm.  It is a living document, and we hope it is not torn up when we go through social conflict, such as we are experiencing at present.”

Thobeka Dywili, a Law student at the UFS, presented her views from the new generation’s perspective.  She relayed her experience as a student teaching human rights at schools in disadvantaged communities. She realised that, although the youth are quite aware of their basic human rights, after so many years of democracy, “women and children are still seen as previously disadvantaged when they should be equal”. She pointed out that, with the changing times, the constitution needs to be looked at with a new set of eyes, suggesting more robust youth engagement on topics that affect them, using technology to facilitate discussions. She said with the help of social media, it is possible for a simple discussion to become a revolution; #feesmustfall was a case in point.

Critical perspectives on the constitution were presented by Tsepo Madlingozi of University of Pretoria and University of London. In his view, the constitution has not affected policy to the extent that it should, with great disparities in our society and glaring issues, such as lack of housing for the majority of the poor.  “Celebration of the constitution should be muted, as the constitution is based on a decolonisation approach, and does not directly address the needs of the poor. The Constitutional Court is not pro-poor.”  He posed the question of whether twenty years on, the present government has crafted a new society successfully.  “We have moved from apartheid to neo-apartheid, as black elites assimilate into the white world, and the two worlds that exist have not been able to stand together as a reflection of what the constitution stands for.”

Prof Caroline Nicholson, Dean of the Faculty of Law, encouraged more open discussions, saying such dialogues are exactly what was intended by the Centre for Human Rights. She emphasised the importance of exchanging ideas, of allowing people to speak freely, and of sharing perspectives on important issues such as the constitution and human rights.

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