LEGISLATURE AND GOVERNANCE - African National … Policy Conference 2017... · NATIONA OIC CONEENCE | DISCUSSION DOCUMENS 3 provincial governments, with the sole purpose of supporting

NATIONAL POLICY CONFERENCE | DISCUSSION DOCUMENTS

30TH JUNE – 5TH JULY 2017GALLAGHER CONVENTION CENTRE, MIDRAND

5TH NATIONAL POLICY CONFERENCE

THE YEAR OF OLIVER REGINALD TAMBO: LET US DEEPEN UNITY!

LEGISLATURE AND GOVERNANCE

DISCUSSION DOCUMENT

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LEGISLATURE AND GOVERNANCE 6

LEGISLATURE AND GOVERNANCE:

DISCUSSION PAPER TOWARD THE 5TH NATIONAL POLICY CONFERENCE

1. INTRODUCTION1. The ANC celebrates its one-hundred and fifth

(105th) anniversary in 2017, which is a tremendous achievement for anyorganization.The liberationstruggle fought by the ANC and South Africanpeople led to the1994democraticbreakthrough.Thiswasahallmarkof freedomforthepeopleof SouthAfrica.

2. The ANC’s approach and leverage to poweris informed by the Freedom Charter and theprinciplethat“thepeopleshallgovern”.Thereforetheattainmentof powerbytheANCisameanstofulfilthewillof thepeoplebyensuringabetterlife forall.TheANCcontinues toearn the trustof our people and remains the premier politicalorganisation for South Africans. The trust andconfidence of the people must be sustainedthroughensuringthattheANCoccupiesamoralhighgroundatalltimes.

3. Thecorethemeof theLegislatureandGovernancePolicy Paper is the articulation of the people’spower through the state institutions. It is anassertion by the ANC that people have entrusted the organisationwith political power to advancethe needs of the people, therefore the ANC’sconductinstateinstitutionsmustalwaysreflectthewillof thepeople.

4. Thestatetransformationagendaof theANCaimstocontinuebuildinga legitimatestatethatservestheinterestof theoverwhelmingmajority,whichisbasedonademocraticconstitutionandacultureof humanrights,andastatethatusespublicresourcesto better the lives of themajority, especially thepoor.

5. TheANC iscommitted tobuildingacorruptionfreestateandisdeterminedtorootoutcorruptionand criminality. The state must at all times champion andpursuestheinterestsof allourpeople.

6. The broader task of social and economictransformation is far from over, therefore theANC must retain and consolidate political power fosteramuchmoreradicaltransformation.

7. The Legislature and Governance policypaper addresses transformation of the state,specifically the capacity of the state, and it willconsider the various ANC policies, progresswith their implementation and the proposals for improvement. The ANC has endorsed theNationalDevelopmentPlan(NDP)andthereforeitwillinformandguideourapproachesonbuildinga capable state.

8. This policy discussion paper deals with the capacity of thestateinrespectof thepoliticalinstitutions

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andstatemachinery,andamongstotherdealswiththefollowing:

i. Governance and legislatures at national,provincial and municipal level.

ii. Themacroconfigurationof thestate.

iii. Provinces, public service administration, planning coordination, service deliveryand capacity building, including cadredevelopment and

iv. Municipal spatial planning, Urbanizationand economic development.

v. Governance of Institutions SupportingDemocracy and State Owned Entities(SOEs).

vi. The role and structure of traditionalleadership.

vii. The role of civil society, participatorydemocracyandreachingouttocommunities.

9. TheLegislatureandGovernancePolicyDiscussionpaper is part of the series of policy papers inpreparationfortheANCPolicyConference.TheLegislatureandGovernancepaperdoesnotpurportto deal extensively with matters contained in other policy papers, but rather is informed and takesguidance from those policies. The Strategy andTacticsPaperguidesourapproachtothebalanceof forces, thecurrentphaseof theNDR,broadapproach andobjectivesof state transformation.There are various other ANC policy papers that informsomeof theapproachesundertakeninthisdocument.

2. THE OBJECTIVES OF STATE TRANSFORMATION

10. The principles and policy that guides the ANCapproachtostateandgovernanceissetoutintheStrategyandTacticsPolicypaper,whicharticulatestheobjectivesof theNDR. Strategy andTacticsprovides a detailed policy perspective on the natureof thestate,andthispaperonlyhighlightspertinentmattersrelatingtogovernance.

11. Themaingoalof statetransformationasarticulatedin the ANC’s strategy and tactics is “building a developmental state that provides effective basic services and with capabilities to take forward a far-reaching agenda of national economic development, whilst at the same time placing people and their involvement at the centre of this process”.ThisobjectiveistheguidingprinciplefortheANC’smanagementof theState.

12. The democratic state must serve our people, listen to their needs and deliver in themost effective,

efficient, equitable and economic way possible,ratherthanfocussingontheneedsof thepowerfuland thosewhoseonlyobjective is toprofit fromaccess to state power.

13. Centraltotheroleof stateisthequestionof publicresourcesallocation.Thestatemustplayaleadingrole in addressing the huge backlogs left by theapartheid regime,byharnessing the resourcesof thepublicsector.Itmusthavecapacityforstrategicintervention in social and economic development.

3. HIGHLIGHTS AND GAINS OF THE ANC-LED DEMOCRATIC STATE

14. Guided by the Freedom Charter, the ANC ledgovernmenthasadoptedaConstitutionthatbuildsa united, non-racial, non-sexist and a democratic state.Therightsof allcitizensareenshrinedintheConstitution, and there are checks and balances that guarantee the protection of those rights,includingthroughthecourts.

15. The ANC in partnership with the people have broughtmassivechangetothelivesof ourpeople,targeting the poor and most vulnerable. Thegovernment accelerated the provision of basicservicessuchaswater,housing,electricity,healthcareandabettereducationsystem.Thegovernmenthas provided basic water supply to over 9 million more people, access to basic sanitation to more than 6.4 million people and more than 4 million electricity connections to poor households. Water, energy, housing, sanitation, education and jobcreationareatthecoreof abetterlifeforall.

16. TheANCgovernmenthasmanagedtheeconomyand state resources to drive transformation andcreate economicopportunities for thepeopleof SouthAfrica.InthepasttwodecadesSouthAfricahas made remarkable development progress,almost doubling the GDP in real terms, liftingmillionsof peopleoutof povertyintothemiddleclasses,andgreatlyexpandingaccesstoservices.

17. Since1994,sixmillionmorepeopleareworking,with total employment at over 14 million. Government has embarked on a programme toprovidetheeconomicinfrastructurenecessaryforthegrowthanddevelopmentof SouthAfrica.

18. TheTraditionalLeadershipsystemisrecognisedintheRepublicof SouthAfricabytheConstitution.Chapter 12 of theConstitution provides for therecognitionandroleof theinstitution.Departmentof traditionalaffairswasestablishedatnationaland


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provincialgovernments,withthesolepurposeof supportingtheinstitutionof traditionalleadership.

19. The ANC government successfully establishedInstitutions Supporting Democracy (ISDs) ascrucial oversight mechanisms enshrined in theConstitution. These institutions are vibrant and effectively carry out their mandate in protectingour democratic system. South Africans continueto show support and have confidence in theseinstitutions.

20. Our 257 democratic municipalities alsofacilitate bottom-up community interactionsand participation to ensure that citizens have asay in their own development. Our system of developmentalLocalGovernmentispremisedonthe active and balanced role of the community,civil society and the state at a local level.

21. Over the past two decades of democraticgovernance the people of South Africa haveoverwhelmingly voted the ANC into power infive National and Provincial elections and fourLocalGovernmentelections.Thepeopleof SouthAfricahave continued to affirm theANCas theleaderof oursociety.

22. This massive success has led to a new set of challenges, such as the quality of basic servicesas opposed to quantity, the rapid urbanisationand concomitant needs to extend services and infrastructureinurbanareasandtheexpansionof thebasketof socialwelfaresupport.

23. In the context of allocating scarce resources tounlimited needs, the ANC government findsitself pressured to find a dynamic balancing actto satisfy the new demands of the empoweredwhilecontinuingeradicatingpovertyandupliftingthepoorandthemarginalised.Unfortunately,theeconomyisnotgrowingatthecommensuratepacetocaterforthenewchallengesversusthebacklogsof eradicatingpoverty.Thisilluminatestheparadoxof thesuccessof ourdemocraticstate.

4. CHALLENGES FACING THE SOUTH AFRICAN SOCIETY

AND THE DEMOCRATIC STATE24. Despitethehighlightsandgainsof thedemocratic

state, the challenges still facing South Africaare immense, with poverty, inequality andunemployment still affecting vast sections of our people. The ANC is not complacent about thisenormouschallengeandthustheresolveforacceleratedtransformationof thestate.TheANCshares in the people’s impatience to overcome the

decades-old crisis of un-employment, crime andpoverty.

25. Thegreatestchallengeconfrontingthedemocraticstate and broader society is poverty and inequality. After two decades of democraticgovernance SouthAfrica is still a highly unequalsociety where too many people live in poverty, while a minority are getting richer. To eliminatepoverty and reduce in-equality the pace of economic growth and the inclusiveness of theeconomyintermsof ownershipandparticipationhastochangedramatically.

26. Unemployment: South Africa has one of thehighest unemployment rates in the world, andfaces a persistently high level of unemployment.Although South Africa has steadily created jobsover the past two decades, it has done so at a slowerpacethanthegrowthof thelabourforce.

27. Youth unemployment is highlighted as thematter of particular concern. There are youngpeople aged 18 to 30who are neither employednorenrolledineducationortraining.Blackyouthare also challenged by the manner in which thelabour market is evolving by locking out newentrants.Youngpeopledeservebettereducationaland economic opportunities.

28. TheANCisgravelyconcernedaboutthemillionsof South Africans who are jobless. The privatesectorismeanttobetheprimarycreatorof jobsintheeconomy,butgovernmenthascometorealisethatworkopportunity creation cannot be left totheprivatesectoralone.Thegapbetweenthejobsthatarerequiredandthejobsthatthemarketcangenerateistoohugeforthestatenottointervene.

29. Local Government Elections 2016: The recent 2016 Local Government Elections highlightedamongmanyotherthings,threecriticalchallenges– unemployment, crime and corruption. These are theareasthataffectthemajorityof SouthAfricanson a daily basis. Unless they are definitivelyaddressed, these socio-economic challengesthreaten to erode the dignity that 1994 restored,andreversethegainsof thelasttwodecades.

30. Corruption: The ANC has asserted that corruption is eroding the social fabric of our society andcontinuestoundermineourdevelopmentefforts.Corruption is a two way process, and corrupt practices are observed in both the public and privatesector.TherecentAuditorGeneral’sreporthighlightstheunacceptablelevelof corruptioninthe public sector, made possible by lax controls. Thereportnotes irregularexpenditureof R25.7-billion across the country’s national and provincial


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departments and public entities. The magnitudeof corruption in thepublic sectordivertsmuch-neededandscarceresourcesfromtheupliftmentof ourcommunities.Thishighlevelsof corruptioninour society areunderminingdevelopmentandsocial cohesion.

31. Corruption in the governance system is fastbecoming the central threat to good governanceat all levels of the state.Members of the publicconsistently raise concerns about this societal malaise,andthere isgeneraldissatisfactionaboutthe resolve anddeterminationof government todeal decisively with corruption. This is a matter that requires consistent and decisive action,withenforcement of strict measures without fear orfavour.Corruptionneedstobeexposedandswiftaction taken, regardless of the seniority of thepeople involved.

32. The state’s capacity is another evident challenge,causedprimarilybyweakerformsof coordinationand collaboration within and across spheres of government and non- responsive public service.Furthermore,theNDPidentifiescriticalareasof interventionrangingfromdistributionandlocationof powersandfunctions,twotiersystemof LocalGovernment, regional service providers, capacityof the public service, political- administrativeinterface.

33. The State-Owned Entities (SOEs) are criticalinstrumentsof economicandsocialdevelopmentand ultimately improving people’s lives. The‘infrastructure’SOEsplayaleadingroleincreatingtheeconomicandsocialinfrastructurethatdrivesour economy and society, such as electricity, rail transport, roads,water andprovisionof housingand schools. These entities manage significantcapital expenditure budgets derived from taxpayer’s monies.

34. Someof theSOE’shavebeenplaguedby issuesof poor governance and lack of appropriateoversight, compounded by weak capacity atBoard and management levels. This has led topublic discontent around possible corruption and mismanagement. Given the significance of theroleplayedbytheseentitiesandthemagnitudeof the public resources under their control, there is an urgentneedtoimproveandtightentheoversightandgovernanceof SOE’s.

35. South Africa is urbanising rapidly, the urbanpopulation is growing larger, younger and faster.Themajorityof theyouthinSouthAfricaliveinurban areas. Various studies estimate that nearly 80% of the total populationwill be living in an

urbanareaby2050.Oneof thebiggestchallengesof urbanization is the ‘urbanisation of poverty’which is increasing, especially in townships,informalsettlementsandinnercities.

36. There is a largepartof thepopulation that lives

in dispersed and impoverished rural settlements, manyintheformerapartheidhomelands.Intheseareas poverty and unemployment are high andmillionsof peopleeffectivelyrelyonthestatetomeet their basic needs.

37. ThismeansthatSouthAfricaisnotreapingmanyof the developmental benefits of urbanisation.The challenge of rapid urbanisation requiressound planning for services and public facilitiesprovidedbythestate,effectiveurbanmanagement,spatial planning, and regional development. Theincreasing urban populations requires additionalpublic resources to cater for the demand of additional services. In order to address thesechallenges facing the urban system as a whole,fromvillagestometropolitanareas,Cabinetpassedthe Integrated Urban Development Framework(IUDF) which focusses on spatial integration,inclusivity,growthandimprovedgovernance.

38. Allof theabovechallengesconfirmtheneedforaradicaltransformation.ThiscanonlyhappenwiththeANC retainingpolitical power.Theoppositewould not only undermine and erode the gainsof thepasttwodecades,butitwillfundamentallysetbacktheagendaforradicaleconomicchangesrequiredtocreateanequalsociety.

5. THE CONTEXT OF THE NATIONAL DEVELOPMENT PLAN

39. The ANC’s 53rd Conference embraced theNational Development Plan (NDP) and Vision 2030 as “a platform for united action by allSouth Africans to eradicate poverty, create fullemployment and reduce inequality as criticalbuildingblockstowardsatrulyunited,non-racial,non-sexist,democraticandprosperoussociety.”

40. The2015NGCreaffirmedthattheNDPisthelongtermplanandtheNationalGrowthPath,IndustrialPolicyActionPlan,National InfrastructurePlan,andMediumTermStrategicFramework (MTSF)areStrategicFrameworksthat identifythecriticalactions to be prioritised towards NDP 2030.

41. Advancing theNDP requires that we exploit tothemaximumthestrategicleversthatareavailableto the state, such as, Legislation and regulations


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(e.g.MPRDA); licensing (e.g.Mining,Water andEnvironment); BBBEE and TransformationCharters;NationalbudgetandProcurement;State-owned Companies and Development FinanceInstitutions; Government programmes forredistributionsuchasLandReform.However,theStatehasnotfullyutilisedthesestrategicleverstoinfluencethebehaviourof theprivatesector-toeffectivelytransformtheeconomyandsociety.

42. Chapter 13 of the National Development Plan(NDP), outlines the challenges in achieving aDevelopmentalState, causedprimarilybyweakerforms of coordination and collaboration withinand across spheres of government and a non-responsivepublicservice.Furthermore,theNDPidentifiescriticalareasof interventionrangingfromdistributionandlocationof powersandfunctions,thetwotiersystemof LocalGovernment,regionalservice providers, capacity of the public service,andthepolitical-administrativeinterfaceamongstothers.

43. Overthepast20yearsthepublicsectorhaserodedthe effectiveness and authority of the state duetoover-decentralisation, aswell as functions andresources were outsourced and distributed to the private sector.Thismakes itdifficult to functionas a developmental machinery and build capacity of thestate.TheANCneedstocomprehensivelyseek to review and overhaul public administration policy,inordertoalignwiththepolicyintentionsand ANC policy direction for next phase of transformationto2030.

6 OVERVIEW OF PREVIOUS POLICIES

6.1 Previous policies44. The previous ANC conferences have adopted

key policy decisions that are central to the transformationof thestate.ThiscoversmostlytheANCresolutionsof the52ndNationalConference,3rdNational General Council and 53rd NationalConferenceand4thNGC.

45. Anumberof policieshavebeenadoptedbutnotimplemented – or not implemented in the spirit intended.MonitoringtheimplementationbyANCrequiresimprovementandaninternalinstitutionalmachinerytoensurethattheANCguides,monitorsand ensures the implementation of conferenceresolutions.

46. The 53rd National Conference emphasised that“to deepen the National Democratic Revolution, and accelerate service delivery and development, we need

a stronger developmental state and a more integrated cooperative governance system”.

47. The 2015 National General Council furtherrecognisedthat“Despitethesignificantsuccessinconfiguringthenewstate,therearestillcontestedissuesrequiringreviewandfinality,including:

l Functionality of the intergovernmentalsystem;

l Provinces:reviewof provinces;

l Powers and functions of different spheres

and theimpactoneffectiveservicedelivery;

48. The table on the next page provides a high-level categorisation of resolution and the statusof implementation. This is not detailed andcomprehensive.

49. The 53rd National Conference resolved onvarious strategic policy areas that impact onthe configuration of government, provinces,local government and the functionality of intergovernmentalsystem,coveringthefollowing:

l Need for More Integrated CooperativeGovernance;

l Futureof Provinces;

l DifferentiatedLocalGovernmentModel;

l Roleof DistrictMunicipalities;

l Moreeffectivegovernanceinmunicipalities;l Strengthening Ward Committees as part of

Communityparticipation;

l Areviewof theLocalGovernmentFinancialSystem;

l Areviewof therole,scopeandcompositionof theMDB;

l Strengthening systems to detect and actagainstcorruption;

l StrengtheningLocalGovernmentSystems

PROGRESS50. Need for More Integrated Cooperative

Governance: Despite the IGR structuralmechanismsinplace,coordination,integrationandalignmentacrossspheresof governmentremainsachallenge.Integrateddeliveryof services isnotpossible when there are no central and predictable mechanisms for guiding and regulating the keyperformance areas of integration across thesespheres.

51. There is limitedprogressregistered inthispolicyareas. A fundamental review of the system


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wouldneed todone,with theaimof developinglegislations to guide and regulate inter-sphereactions. In this regard, the intergovernmentalRelations FrameworkAct should be reviewed toaddress the distribution and location of powersandfunctionswithinandacrossthreespheresof government.

52. Provincial Governments: There is limited

progressontheresolutionof reforming,reductionand strengthening provinces. The role provincesplay in the intergovernmental system is complexand needs to be reviewed in the performance

of overlapping mandates, concurrent functions,accountability, oversight over LocalGovernmentand impact on service delivery and their role and contribution to spatial integration and achievingnationaldevelopmentalgoals.

53. Differentiated Local Government Model:LocalGovernment sphere is the most critical sphereof government in the delivery of governmentinfrastructure investment and services tocommunities. Municipal space is the shared and most contested space by various governmentagencies,nationalandprovincialdepartments.The

TABLE ONE: Progress with implementation of resolutions

Provinces and local government Review of provinces (reduce and strengthen) Powers and functions

The Presidential commission still to be appointed. The task is outstanding.

Intergovernmental Fiscal review Review of formula, allocations to municipalities, local government revenues, provincial allocations, national budget review

The comprehensive review of the financial system and allocation of resources still outstanding.

Traditional leadership Policy on traditional leadership Outstanding.

Policy Area Content Progress

Local Government Viability of municipalities, Two tier system, Back to basics, capacity of municipalities, IDPs, districts, institutional reform

The key local government changes are still outstanding and will require urgent attention.

Demarcation of boundaries The demarcation act, outer boundaries, outstanding provincial boundaries

This work is still outstanding.

Cooperative governance Coordination, support, interventions in provinces and local government

Partly implemented

Legislatures Strengthening the legislatures Most resolutions were implemented

Electoral system Electoral system, formula for allocation of seats at local government, voting age

The majority of the resolutions has been implemented. The formula for allocation of seats requires review.

Institutions supporting democracy

Ad-hoc committee report, standardise conditions, funding

Some of the resolutions were implemented. There are still outstanding matters.

Restructuring of state owned entities

Restructuring the mandates, oversight There is part implementation and key areas of restructuring are outstanding.

Public service administration Single public service, school of government, regulations, Gender Mainstreaming

The resolution were partly implemented, however single public service is still outstanding.


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coherentand integratedstateaction inmunicipalspace is critical to ensure that the delivery of socialservices,economicgrowth,stimulationsof local economies anddevelopment recognises thedifferentsocio-geographicmunicipalspacesoffer,e.g. Metropolitan and Secondary Cities, Districtroles and small rural towns.

54. Role of District Municipalities: Comprehensive review of District was undertaken by COGTA.Optionsforstrengthenedroleof District,lookingatsharedservices,reviewof powersandfunctions,fundingmodeliscurrentlybeingrolledouttotestviablemodelforgreaterandstrengthenedroleof District.

55. A review of the role, scope and composition of the Municipal Demarcation Board: some progress has been achieved on this matter. Thepanel of experts was appointed and undertooka comprehensive assessment on the role, functionality and mandate of the MDB. A newBoard was reconstituted and a conference washeld with all critical stakeholders to discuss these matters. Cogta is currently processing a Bill toaddress important issues related to the role scope andmandateof theMDB.

7, POLICY REVIEWS AND RECOMMENDATIONS

7.1 Government planning, performance and enforcement

56. This policy paper emphasizes the centrality of coordinated planning and enforcement that willensuretherequiredimpact.Thereisclearevidenceof sufficient policy provision developed andadoptedbyANC.Themissinglinkiscoordinatedplanningandexecutionof thepolicies.

57. TheANC through national conferences,NGC’s,Policy conferences,Makgotlas and themanifestosets policy and priorities for government. ThechallengeistoensuregovernmentisexecutingtheANCpolicieseffectivelyandtimeously.

58. ThegovernmentthroughDPMEhasputinplacemonitoring and evaluations frameworks thatenablethestatetomeasureitsimpactandidentifyshortcomings.

7.2 Consolidating political power59. The ANC must retain political power in order

topreserveourdemocratic legacy and acceleratesocio-economic transformation in order that we

can properly address our aims and objectives.Politicalpowerisattainednotforitsownsake,buttopursuepoliticalandsocio-economicobjectives.

60. The ANC contests elections to obtain a mandate from the people to exercise state power toadvance a programme of national democratictransformation aimed at building a united, non-racial, non-sexist and prosperous society.

61. Theresultsof 2016LocalGovernmentelectionsledtoasoulsearchingprocesswithintheANCtoexplore why the ANC’s national electoral support base had slipped to just above 50%.Whilst theANC retains an absolute majority it found thatmanyof itsownsupportersstayedawayfromthepolls,reducingtheturnoutandhavinganegativeeffectonoverallANCsupport.

62. Forthefirsttimesince2000,theANClostcontrolof municipalities inareaswhichhavebeenANCstrongholds since 1994.These include themajorurban areas of Johannesburg, Tshwane, NelsonMandelaBayandMogaleCity.Thelossof controlin other secondary cities has also added to a changing balance of forces in which the ANCfinds itself in opposition in significant urbanmunicipalities.

63. This is particularly worrying in that localgovernmentiscriticaltotheconsolidationof thegains of the National Democratic Revolution.Local level governance has a direct impact inchangingpeople’slives.

64. There is no room for complacency, if furthererosion of urban support takes place, combinedwith continued declines in turnout even only by a fewpercentage points, then the 2019 electionscould pose a serious challenge for the ANC interms of electoral support. The significance of Gauteng is that it generatedmore votes for theANCthantheWesternCape,NorthernCape,FreeStateandNorthWestcombined.

65. Consequently, our electoral strategy needs tobecomemuchmoreprofessionalandsophisticated,and the ANC must clearly identify its targetedconstituencies and ensure that they vote.

66. The ANC must see itself as a political party,contesting for political power and must showleadershipinallsectorsof societyif itistoretainitsleadership. That leadership must be demonstrated even when in opposition. The ANC in all areas in whichitgovernsornotmustbearoundprojectingitself astheleadingforcefortransformationandchange.


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67. The ANC has not adopted a formal policy onentering into coalitions with other parties innational,provincialorlocalgovernment.However,since 1994 the ANC has entered into differentarrangements at all three levels of government.Different circumstances and conditions havedictateddifferenttacticalpositions.

68. The ANC must also prepare itself for thecomplicated relationships involved in coalition governments.WhilsttheANChassince1994beeninvolved in coalitions or minority governments,these were previously restricted to smaller municipalities and the Western Cape.

POLICY RECOMMENDATIONS ON CONSOLIDATING POLITICAL POWERi. The ANC must retain political power in order

topreserveourdemocratic legacy and acceleratethe socio-economic transformation in order thatwecanproperlyaddressouraimsandobjectives,which is the complete liberation of the countryfrom all forms of discrimination and nationaloppression and to defend the democratic gainsof theNDR. Therefore theANCmust developanurgentplanandstrategytoconsolidatecurrentpowerandwinbackthelostground.Thestrategymust be clear and definite about consolidatingpowerasacardinalobjective.

ii. The ANC must professionalise its capacity tofightandwintheelections,andcreateadedicatedfull time political and technical capacity thatundertakes ongoing mass media mobilisation,regular polling, and techniques of modernmultiparty electioneering such as projection of keyleadership personalities.

iii. Wheretheoutcomeof anelectiondoesnotgivetheANCanoutrightmajorityitmustconsiderenteringinto coalitions or other forms of cooperationin order to advance the transformation agenda.Where the ANC enters into coalitions, its focusmustalwaysbeaimedattransformingsocietyandbuildingabetterlifeforall.

iv. The ANC must convince coalition partners that our policies and programmes are the mostdevelopmental and serve the interests of ourpeople the best. In all spheres of government,the ANC must lead and actively work to recruit opposition forces and coalition partners intobecomingsupportersandmembersof theANC.

v. Consistently winning elections depends cruciallyonthecalibreof thecadres thataredeployedtoelected office, their integrity and commitment

to serving communities, and their performancewhileinoffice.TheANCmustrigorouslyensurethat its candidates reflect these attributes, andestablish mechanisms to hold them accountable fordeliveringontheANC’selectionsmanifestos.

vi. ANC electoral commission: The ANC must investigate the establishment of an electoralcommission. The electoral commission must ensurethefollowing:a. EnsuretheANCelectedpublicrepresentatives

undergo a transparent selection andcapacitation process to assume leadership and deployment.

b. To improve the quality, integrity, andsustainabilityof theselectionandelectionof publicrepresentatives, fromlocal tonationalsphere.Thiswouldincorporatemuchof whatthe“ListCommittee”dealwithcurrently.

c. institutionalise and make transparent process that will reduce the possibility of currentleadershiporgansfrominterferingwiththeseprocesses.

d. Haveitsindependentcapacitytomanagethesevery tedious processes, but that are essential to organisational unity and legitimacy, andqualityof thepublic representatives thatareput forward by the organisation for publicelections.

vii. A policy papermust be developed, detailing theappointment and composition, the core mandate andtaskof thecommission.Theaccountabilityof commissionmust alsobe reflectedon thepolicypaper. This taskmust be completed before thenationalconferenceof 2017.

viii. Mandate, accountability and reporting: The ANC publicly elected representatives such as MPs, MPLsandcouncillorsmustknowtheANCpoliciesandbroadstrategicframeworkfortransformationin their respective deployed sectors. This must inform them on how to transform the sector.Whenthereachangeinstrategyorpolicy,electedrepresentatives must consult and get a freshmandateanddirectionfromtheorganization.TheANCmustalsobuild its internalcapacity togivepolicy direction to its elected representatives.

ix. The ANC needs to improve and strengthenits relationships with civil society in particular business,tradeunionsandprogressiveNGOs.

7.3 Macro-configuration of government69. TheANCgovernmentestablishedaconstitutional

frameworkwiththearchitectureandconfiguration


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of the state as a unitary statewith decentralizedformof governancearrangementinthreespheresof government.Theconstitutionprovidesfortheprinciple of cooperative governance that bindsanddefinestheinterfacewithinandacrossspheresof government.

70. SouthAfrica’snineprovincesand257municipalitiesare democratically elected governments in theirown right. The Constitution confers publicauthority on them and instructs them to use that authorityappropriatelyasagentsof theirresidentsand the country. The provincial and local spheres of governmentspendmorethanhalf of thetotalpublic budget. Much of this expenditure fundsbasicservicesandinfrastructureneededtocombatpoverty and unemployment, improve livingconditionsandtostimulateeconomicgrowth.

71. Despitemanyareasof success,therearestillareasthatrequireattentiontoimprovethefunctionalityof the intergovernmental system and clarify theroles and functions of the different spheres of government.Theenormityof thedevelopmentalchallengesandtheseverefiscalandotherresourceconstraintswearefacing,requiresallourspheresof government to work together effectively andefficientlytowardsacommongoal.

72. Theshortcomingsintheconfigurationof thecentreof the state affects strategic state capability andimpactsondemocraticgovernancearrangements,as the existing central governance sectorresponsible for driving the public administrationmachinery at all three spheres, is not coherent, nor strategicallyconfigured.

73. Toaddresstheabovechallenges,InJanuary2007Cabinet mandated the Ministry and Department of Cooperative Governance and TraditionalAffairs (CoGTA) to develop a policy frameworkonprovincialgovernmentandtoreviewthepolicyframeworkonlocalgovernment.Ataskteamwasappointed and it undertook public consultations andreceivedsubmissions,thereportwasfinalisedand submitted to cabinet in 2009.

74. The review of provinces and local governmentundertakenbygovernmentlookedathowwelltheywere performing their mandates, whether theirmandateswere still the right ones in the currentcontext, and what could be done to improve the effectivenessof these levelsof government.Thefollowingisthesummaryof thehighlightsof thereport:i. Findings on cooperative government:

l There is instability and uncertainty in the corerolesandfunctionsof thespheres;

l Thesystemof intergovernmentalrelations

is evolving, but there areweaknesses intheinstitutionalframework;and

l The current regulatory framework forplanning, spatial development and landuseisineffective.

ii. Findings on provincial government:l The creation of provinces contributed

to transition, but their role remains uncertain;and

l Provincial expenditure has achieved redistribution, but outcomes, performance and capacity are unevenacross provinces.

iii. Findings on local government:l Municipal government is key to

deepening democracy, social cohesionandbuildinganon-racialandnon-sexistsociety;

l Accountability, efficiency, effectiveness,responsiveness and participation must be enhanced;

l The two-tier system is complex and ineffective;and

l Progress has been made in meetingbasic needs, but there are challenges infinances,capacityandplanning.

75. Thefindingsshowedthattherewereinstitutionaland design issues hampering the effectivenessof the three-sphere system. Someof thesewererelated to how the system has evolved over time and others are related to the economic constraints underwhichthesystemoperates.Importantly,manyof theissuesrelatetotheshortcomingsregardinghuman capital skills, leadership, commitment and accountability. These pressures and weaknesses havehamperedboth spheres indischarging theircoremandateseffectivelyandmustbeaddressed.

76. The52ndand53rdNationalconferenceresolvedthat a presidential commission must be appointed tofinalisetheworkonprovinces.Thistaskisstillbeingaddressed.

77. The previous ANC policy conferences, NECMakgotla,NGC’sandNationalConferences,andnoweventheNDPhaveemphasizedtheneedforstrengthening intergovernmental coordination adcollaboration,butinpracticethisisnothappening.We need a more predictable and coordinated system of howpolicyandprioritiesaresetandplansandbudgetsaredeveloped,andimplemented,withinandacrossspheresof government.


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POLICY RECOMMENDATIONS ON MACRO CONFIGURATIONi. The Presidency is the strategic centre of

governance. The strategic centre must be thecentraldriverof:a. Developmentalstateandthecapacityof the

stateb. The National development planc. Resource planning, prioritisation and

allocationasperstrategicobjectivesof NDPd. Aligningthepublicserviceadministrationto

deliverthecoreprioritiesof thestatee. Centre of coordinating other spheres of

government and state owned entities todeliver state priorities.

ii. The followingcore functionsmust formpartof thestrategiccentrelocatedwithinthePresidency,statepolicyandplanning;resourceallocationandprioritisation, cooperative governance, publicadministrationandperformanceenforcement.

iii. A dedicated and focused Department for StatePolicy and Planning needs to be considered inorder to locate all planning functions, expertiseand resources in order to address inequity andpovertythroughcogencyof allorgansof state.

iv. Cooperative governance legislation must beenacted and it must pay attention to issues raised on theefficacyof provincesandnationalgovernmentsupport to provinces. The legislation must alsoharmonizepowersandfunctionsof provincesandlocalgovernment.

v. Developaregulatoryframeworkforaccountabilityof Provincial Government, and pay attentionto issues raisedon theefficacyof provincesandthe ability of national government support toprovinces, including accountability for adherenceto norms and standards, capacity requirements,expenditure and implementation of socialprogrammes.

vi. The strategic center of government in thePresidency must ensure that strong capacity isdeployed in all branches of the state to ensurethat the NDR is advanced. The merit principlemustapplyinseniorappointments.TheCentreof Government must establish a central organisingmachineryforoptimaldeploymentof talentacrossthe spheres of government become a clearinghouse for all senior appointments, successionplanningandcareerdevelopment.

vii. The Presidential Commission on Provinces must be fast tracked and finalize its report within thecurrent administration.

7.4 Managing municipal spaces for radical socio-economic transformation

78. There is proliferation of spatial analysis of municipal space, e.g. PICC – SIPs spatial plansforinfrastructureinvestments,NationalTransportMasterSpatialPlan,HumanSettlementsNationalSpatial Master Plan, Provincial GovernmentSpatialPlansandMunicipalSpatialDevelopmentFramework,etc.

79. All these spatial plans are not targeting thesame areas and emphasize different priorities,resulting in incoherent impact at local level.The other risks associated with incoherency and lack of decisiveness in government is thatmostdevelopment in cities and major areas is privatesectorledandgovernmentinfluenceanddirectingof developmentiscompromised.

80. TheANCmustbeattheforefrontof guidingwheredevelopmentshouldgo.Butthisrequiresnationallycoherentspatialmappingof developmentsnodesand potential, and directing where governmentinfrastructure investment should go to addressspatial legacies of the past and achieving ournationaldevelopmentalagenda.

81. Withinthecontextof addressingrapidurbanization,growing urban sprawl, the balance within urbanandruraldevelopment,andthechallengeof urbanmanagement–theIntegratedUrbanDevelopmentFramework provides a government-wide policyframeworktocreateasharedunderstandingacrossgovernment and society about how urbanisationshould be managed to ensure resilience andinclusion.Thesechallengesarefoundatalllevels,fromvillagestometropolitanareas.

82. The primary priority is addressing spatialtransformation, integration, inclusion andeconomic growth. It is of paramount concernthat within the twenty years of democraticgovernancewehavenotbeenabletoreversetheapartheid spatial legacy. The key issues affectingcities,metrosandurbanareasincludetheissuesof rapidurbanization,informalsettlementsupgrades,spatial integration,urbanmanagementand issuesassociated with providing basic services andunderstandingtheinterestof anurbanvoter.

POLICY RECOMMENDATIONSi. TheANCmustplaya leadingrole inparticularly

thetop100urbansettlementstoachievethegoalsonintegration,inclusionandeconomicgrowth.


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ii. ANCmust initiateaPlanninglegislationthatwilladdressthefollowing:l A new predictable planning paradigm and

disciplinewithinandacrossspheres;l Clear national and provincial spatial plans

alignedwithmunicipal SpatialDevelopmentFrameworks and municipal land usemanagementplans;

l Streamlined coordination structures withclear roles and responsibilities in planning,budgeting, integration of plans andimplementationmodalities;

l Strengthen Inter-sphere institutionalcoordinationmechanisms;

l Clear operational and implementation systems, processes and modalities.

7.5 Legislatures83. Politically the ANC within the legislative sector

haspromotedrobustoversightoverseeingnotjustExecutives but also robust oversight over policyimplementation and impact assessment.

84. AtParliamentary leveltheMoneyBills legislation

has placed very specific responsibility onParliament to ensure an established, resourced andwell-functioningBudgetOffice,which todayprovides valuable service to Committees in their constitutional responsibilities to deal with the powersof amendingthebudget.

85. TheFinancialManagementAct that coversbothParliament and the Provincial Legislatures hasbeenpassedwhichenableseachlegislaturetohavefinancial functions that over-see the budget andperformanceof theLegislativesector.

86. With regards to being an activist people centredmodel of legislature at Institutional level thePublic Participation Model has been reviewed and improved.At the same timemonitoringandevaluation frameworks in each legislature havebeenlefttoeachtodevelopanappropriatemodelforitself.

87. Legislatures have during this period been in theforefront of the campaign against malpractices,maladministration and corruption. At Parliament level inorder toensuregreatercoordinationandinformation sharing the Standing Committee onPublicAccounts ensure that theHAWKSattendspecificmeetingswheredepartmentsarebroughtbeforetheCommitteetoaccount.

88. The Legislative sector is not immune from theinstability in our Party constitutional structures andoftenwithouralliancepartners.Thistendsto

spillovernegativelyintothelegislativesectorandurgent steps and decisive actionwill be the onlyconvincing response to this. Not doing so leadsto accusationsof unresponsivenesswhich if notaddressed leads to problems we now have in many municipalities and a decline in electoral support.

The ANC Caucus89. TheAfricanNationalCongressinParliamentheld

its 5th Parliamentary Caucus Midterm ReviewLekgotla from 7 to 9 October 2016 to takestock of its performance in Parliament, assessthe progress of implementing the Movement’spolicies and programmes, confront and thrashout challenges and obstacles, and reinforce andintensify Parliament’s activist role. The MidtermLekgotla has committed to ensuring a radicalshift and improvement in how we function inParliament. The unanimous and unambiguousconsensus emerging out of this Lekgotla is thatit shallno longerbebusiness asusual; theANCin Parliament will in both words and deed, master themoralhighground,vigorously advancecleangovernance,championthefightagainstcorruption,shun incompetence and decisively deal with ill-discipline.

90. Inthisregard,theMidtermLekgotlahasdirectedtheOfficeof theChief Whip tobuildMemberscapacity,capacity,strengthenthepoliticaleducationcommitteestrengthenparticularlyresearchsupportfor study groups, ensure all MPs internalise thenewHouserulesandenforcemaximumdisciplineamongstallMPs.

91. For theANCParliamentaryCaucus to be at theforefront of robust parliamentary oversight, willrequire highly disciplined, quality and capableMembers of Parliament. In this regard, theMidtermLekgotlahasdirectedtheOfficeof theChief Whip tobuildMembers capacity, capacity,strengthen the political education committee,strengthenparticularlyresearchsupportforstudygroups,ensureallMPsinternalisethenewHouserulesandenforcemaximumdisciplineamongstallMPs.

92. The Whippery collective has put in place an attendance tracking and performance evaluationmechanism to deal with deviations and drastically curbabsenteeismanddiscourageidleness.

93. The Lekgotla has resolved that MPs who are

repeatedly found by the Caucus DisciplinaryCommittee to have repeatedly absconded or violated thecodeof conductmustberecommendedtotheANCDeploymentCommittee,fortheirimmediateremoval from Parliament. The public deserves


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representatives that takes their parliamentary tasks seriously and demonstrate commitment to serve. Thisharshermeasureseekstoencouragediligenceand uprightness, faithful presence in the Houseand Committees, and attitude of respect andaccountability towards the electorate by MPs.

94. The caucus lekgotla has examined of howParliament’scurrentlydischargesitsconstitutionalresponsibilities towards the public, it resolved to stronglyrecommendthattheinstitutionrevisititsprogramming in relation to sessional work andconstituencywork.fifthParliament

95. TheFifthParliamenthasexperiencedaparticularphenomenon in which there has been a conscious and dedicated attack upon the Constitutional integrity of the Institution. The Rules thathave been democratically negotiated have onnumerousoccasionsbeenwilfullyfloutedandtheintention is to create in themindsof thenationan institution at war with itself. This is not thecaseastheoverwhelmingandmorethan90%of the time the criticalwork of Parliament done inCommitteeshasprogressed.Notwithstandingthis,the ANC Caucus has risen to the occasion not by degenerating the situation or responding buttaking the debate to a higher level and ensuringthattheworkof Parliamentcontinues.Correctivemeasuresarebeingapplied.

96. An overwhelming number of Bills have beenpassedsince2012andtogethergovernrelationsinsocietyandbetweeninstitutions.Wherelegislationhas been sent back to Parliament by the Presidency or the Constitutional Court these have mainly been onproceduralflawsintheNCOPcycleinpassinglegislation, which is the lack of proper publicparticipation.Where thematter is of substantialnature and there have been a few further legaladvice has been sought and the necessaryamendments made.

97. Duringthe5thParliamentthematterof aSpeakerof Parliament and not just of the NationalAssemblyhasbeenraisedandthisrequiresPolicyconsideration. At an administrative level we have one secretary but at a political level we have a speakerof theNAandaChairof theNCOP.

National Council of Provinces (NCOP)98. In celebrating the 20 years of existence of the

NCOP it is an opportune time to review theefficacy of thisHouse of Parliament and assesswhetherithasfunctionedoptimallyindischargingits Constitutional mandate.

99. This discourse on the reflection of the NCOP

might, among others, provide an opportunity toreconfiguretheHouse,orrather,repositioningthefutureroleof theNCOP.Theintendedroleof theNCOPoughttobeexaminedclosely.TheNCOPplaysanimportantroleinrealisingtheobjectivesof ChapterThreeof theConstitution.Itisalsoatthecuttingedgeof oursystemof intergovernmentalrelations.

100. Therefore key issues in the functioning of theNCOP requirediscussion.Thishas startedwiththetablingof adiscussiondocumentattheMidTermReviewLekgotlaof theANCwhichseekstoaddresscriticalissuesintermsof itsfunctioningand relationships with the NA and the cohesion and coordination surrounding this. SimilarquestionswithSalgaariseaswellandinparticularthecharacterof therepresentationintheNCOP.TheNCOP should consider the submission of SALGAonhowtobecomeaneffectiveinstitutionrepresenting municipalities. The capacity andpolicyrequirementmustbeattendedtoensureastrongervoiceof localgovernment.

101. TheTraditionalLeadershiphasalsoexpressedan

interestinlinkingupwiththegovernmentsystemthrough the NCOP. This will possibly entail arole and participation of Traditional Leadershipin the NCOP process. This matter must beconsideredwithaviewtolookingatthebenefitsof representationof traditionalleadershipinthenationallegislativesystem.

102. Section139and154of theConstitution,dealingwithinterventionsandsupportformunicipalities,mustbegivenpriorityintheNCOP.Asystemof ensuringtightsupportandmonitoringmechanismdesignedforstrugglingmunicipalitiesmustbeputinplace.

RECOMMENDATIONS ON LEGISLATURESi. TheLegislaturesorlegislativesectormustundertake

an assessment and analysis of the configurationof the legislative sector across all spheres of government.This assessmentmust focus on theefficacyof thelegislativesectors.Theassessmentmust establish whether the legislative sector isappropriately configured, adequately resources,optimally functioning and works cooperativelywithotherarmsof thestateacrossallspheres.

ii. Alongside the20 anniversary celebrationsof theNCOP,theConstitutionalroleof theNCOPmustbe reviewedwith the intention to strengthen theNCOP.MechanismsmustbedevelopedtoensureNCOPplaysacatalyticstrategicroleinarticulatingprovincesandlocalgovernmentmatters.


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iii. The ANC deployment list must take into consideration people’s experience, capacity, skills and ability to execute Parliamentary work. The ANC must ensure the organisational andstrategiccapabilitiesthattheANCwillrequiretogivepolitical,moral,andintellectualleadershipinchampioningthedevelopmentalstate.

iv. ThattheMidTermReviewLekgotlaof performanceof theANCCaucusandParliamentsperformanceascontainedinthedetailedProgrammeof Actionof theParliamentaryCaucusmustformthebasisof takingforwardthe201253rdNationalConferenceresolutiononStrengtheningtheLegislatures.

v. The threearmsof state,areeach ledbya singleofficeasprescribedbytheConstitution,exceptforthe Legislatures. The Executive and governmentare led by the State President, the Judiciary bytheChief Justice,whilelegislaturesareledbytheSpeakerof theNationalAssemblyandChairpersonof theNCOP.Theconsiderationof thepoliticalinstitutional head of Parliament as a speaker of Parliament must be resolved upon.

vi. The Chief Whip and the Office of the Chief Whipof themajoritypartymustbeaccordedthenecessary political and institutional recognition.The proposal should be considered to make the ANC Chief Whip a Parliamentary Chief Whip.TheANCmustlookattheprosandconsof thisproposal and guide the policy decision on thismatter.

vii. Thelegislaturesplaysanimportantroleinpassingthe budget. The allocation of resources toParliamentmustbeadequateandParliamentmustbuilditsowncapacitytomanageitsfinances.

viii. TheANCCaucusmusteffectivelyuseParliamenttoregaintheconfidenceof ourpeopleintherun-up to the 2019Elections.ANCCaucusmust beattheforefrontof championingtheneedsof thepeopleandbuildingthetrustandconfidenceintheANCledDemocraticDevelopmentalState.

ix. The political party funding legislation mustbe prioritised and introduced to the National Assembly.

7.6 Governance of State Owned Enterprises (SOEs)

103.South Africa has declared itself to be adevelopmentalstate,meaning“anactiviststatethatintervenesdecisivelyintheeconomywithagenerallyprogressiveagenda”.Thepointof departure,asa

consequence,isthatpublicenterprisesshouldplaya role towards thecreationand/or strengtheningof theSouthAfricandevelopmentalstate.

104.The role of the state in economic developmenthasmoved farbeyond the liberalorthodoxy thatprecluded active state involvement in the economy, towardsonethatallowsanactiveroleintargetedindustrial sectors to enable long-term growth.However,itisimportantthatSOEsfunctionsuchthat they become a success, in that they contribute towards fiscal and other broader objectives of Government without creating a fiscal burden.In this regard there is a need for a fine balancebetween positive social outcome and financialsustainability.

105.Theroleof publicenterprisesintheSouthAfricaneconomic development process has yet to be clearlydefinedand incorporated intopolicy.Thestate’s developmental agenda must be enhancedthrough SOEs in order to ensure dedicatedfocusedcapacityof thestatetodelivereffectivelyandefficiently.

106.The ANC government should be concernedwith the agenda of SOE’s, their mandate andfunctionality. The SOE’s must be channelledtowards the implementationof theobjectivesof the ANC democratic state.

107.The Presidential SOE Coordinating Councilmust ensure the mandates of SOEs are alignedwith the developmental state objectives. ThecoordinatingcouncilmustalsoensurethatSOEsareimplementingtheNDPobjectives.

108.The challenge of weak leadership in bothExecutive and Non-Executive Board Membersseems to be persistent and undermines the critical roles of SOEs.Government plays a critical roleas a shareholder and executive authority. Coupled with this, allegations of corruption in the SOEsare also on the rise.

109.SOEs with strategic parcels of land must makethatlandavailablefordevelopmentwhenrequiredto do so. There must be closer cooperation and collaborationbetweenmunicipalitiesandSOEsonmattersof developmentandlanduse.

110.The ANC government must strengthen theoversight mechanism on SOEs. The ANC inParliament must take the lead in ensuring thissector is properly managed and monitored.Secondly,policyinterventionsmustbeconsideredtostrengthentheroleof SOEsasdevelopmentalagentssupportingthestate.Clearroleclarification


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must be provided. SOEs cannot be marketcompetitive at the expense of development andthepoorwhocannotaffordservices.

POLICY RECOMMENDATIONSi. Legislature&Governancetodevelopaprotocolon

oversightof SOEsbylegislatures.Theprotocols,onceapprovedbyNEC,mustbeimplementedinalllegislatures.TheChief Whipshouldplayarolemonitoringtheimplementationof protocols.

ii. The ANCmust focus on the mandate and roleof SOEs, andmake necessary inputs and policyguidestothePresidentialSOEcouncil.

iii. A policy paper on repositioning the SOEs ascatalyst of socio-economic transformation mustbe developed. This must take into consideration thePRCrecommendations.

iv. Corruption must be uprooted in all SOEs. Thelegislatures in their oversight must pay attentiontoAGreportsoncorruptionandmakenecessaryfollow-ups.

v. SOEsmustbecompelledtoreportallcorruptiontothelawenforcementagencies.

vi. Governmentmustauditthemandatesof themajorSOEsandensurealignmentwiththedevelopmentobjectives of the state. Apartheid establishmentlawsandpoliciesof SOEsmustbereplacedwithdevelopmental mandates.

7.7 Institutions Supporting Democracy (ISDs)

111.The central political question that must beaddressed is how these bodies assist us to fundamentally transform and democratise theState,itsAdministration,JudiciaryandLegislature.In assessing their impact we must ask how theChapter 9 bodies assist us to achieve the above and to address and overcome the material conditions of inequalityforagenuinelyunitedSouthAfrica.

112.Ourevaluationof Chapter9Institutionsmustbegrounded on the ideological propositions of theNDR. In this regard we must depart from thepremisethatChapter9Institutionsarecreaturesof theConstitution.Howevertheconstitution itself,includingitsHumanRightsbodies,mustassisttoovercome legacyof racialornationaloppressionof theblackmajority ingeneral, andAfricans inparticular.

113.The Human Rights culture must be in constantconversation with the Liberation culture. The

Constitution together with the bodies whichsupport it, are means which should take us to the realisation of the goals as enunciated in theFreedomCharter.

114.Consideration of the establishment of a unitarysingle human rights body, recognising theimportance of not losing sight of the guidingprinciples of the Constitution, and taking intoaccount that international best practice suggeststhatacarefulandinformedapproachbefollowedinassessingwhetheraunitarysinglehumanrightsbody is the best model.

115.Consideration of an assessment of the impactof work conducted by the ISDs on society andthe realisation of the constitutional objectives.Furtherdiscussionandgatheringof newempiricalevidenceontheperformanceof theISDs in thelightof thePreambleandfoundingprovisionsinthe Constitution.

116.The cost implications of retaining the currentmodel also need to be taken into account and limitations in respect of resources to sustain thecurrent model.

117.An interrogation of how the ISDs challengeprivatepower,which typicallymovesalong racialandgenderlines.

118.Consideration of the issue of oversight andcollaborationbetweenParliamentandISDs.

7.8 Modernisation of the Public Service Administration

119.ThePublicAdministrationandManagementActdoes not fully realize the Single Public Service.Although it enables individual transfers andsecondmentstotakeplacebetweenthespheresof government,itdoesnotcreatethelegalspaceforamajorreorganizationof government.

120.In order to address the lack of uniformityin the areas of administrative functionalityamongst the three spheres, the public servicehas begun consultation on the standardisedlegal instruments for the implementation of thePublic Administration Management Act, 2014,PAMA,whichwillbea significantgamechangerinbringing about a greaterdegreeof uniformitythroughstrategicminimumnormsandstandardswithinallthreespheresof government.

121.PAMA links up the uniform implementation of CentralGovernment’sstrategiesaroundminimum


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functionality of the state, in order to ensureseamless delivery to citizens. This addresses theANC’s vision of a single public servicewithin anotionof joined-upgovernmentthroughuniformnorms and standards. Irrespective of any futurepolity, PAMAcan ensure that the visions of theNDP are met.

122.Thepublicservicetransformationpoliciessuchaswhitepaperon the transformationof thepublicservice (1995), the white paper on transformingpublic service delivery (Batho Pele), 1997, whitepaper on public service training and education(1997)andtheWhitePaperonHumanResourcesManagementinthePublicService(1998)arecoretenetsof ourtransformationstrategy.

123.The NDP have placed new challenges on thetransformation of public service, therefore hasnecessitated aneed for anewand alignedpolicyframeworkthatwillacceleratethetransformationof public administration which encapsulated thepolicyintentionsof theNDP.

124.The Intergovernmental Relations System reflectsdesign issues hampering the effectiveness of the three sphere system. Importantly, manyof the issues relate to the shortcomings in thehuman capital skills, leadership, commitment and accountability.

POLICY RECOMMENDATIONS ON MODERNISATION OF THE PUBLIC SERVICE ADMINISTRATION125.There isanurgentneed to introducenewpublic

administration reforms through a policy onthe Modernisation of Public Administration.The reform objective is to strengthen the stateand ensure citizens trust government to deliverservices.

126.The vision of a single public service must beaddressed and completed, by ensuring that thePublicAdministrationManagementAct, 2014, isfullyimplementedwithinallthreespheres.

127.ThePublicAdministrationandManagementActmust be reviewed to create the legal space for amajor reorganization of government. It mustbeamended tocreate thebasis for aprogressivereorganization of the macro structure of government,whichwould deploy officialswheretheyaremostneededwhileprogressivelyaligningconditionsof serviceacrossthespheres.

128.The Technical Assistance Unit for Ethics andIntegrity, aswell as theOffice of Standards and

Compliancemustbeestablishedtooverseesettingand implementation of norms and standards inpublic administration in all three spheres in order to move towards a productive and innovative government.

129.The National School of Government’s priorityshouldbetobecomeaproviderandfacilitatorforthe public sector and a center of excellence of appliedwork-placeeducationandtraining.

130.Theschoolof governmentmustbestrengthenedto train and retain public service employees in line withtheprioritiesof thedevelopmentalstate.Theschool must ensure that state employees are trained adequately to execute the mandate of servicedeliveryandrenderhighqualitystandardservices.The school must be equipped with adequateresources. The school must play a key role in the senior management development and retrainingcurrentseniormanagers.

7.9 Capable State131.SouthAfricaneedstofocusonbuildingacapable

anddevelopmentalstate.Theexperienceof othercountriesshowsthatthiscannotbedoneovernightand will need to be done over time. There are four areas where targeted action is particularlyimportant:i. Stabilise the political-administrative interface

byensuringdeploymentof capableandmaturecadre. Build a professional public servicethat serves government, but is sufficientlyprotected against political patronage. Thisrequiresanclearunderstandingof theseparateroles for the Executive of Government(CabinetEAs)andthatof theAdministrationof Government(AOs);

ii. Makethepublicserviceandlocalgovernmentcareers of choice. Build a skilled andprofessionalpublicservicefromboththetopand the bottom. At senior levels, recruitment and management should be based onexperienceandexpertise,whileatjuniorlevelsthe focusshouldbeondeveloping theskillsandexpertisethatwillbenecessaryforfuturepublicservicecohorts;

iii. Developtechnicalandspecialistprofessionalskills.Reinvigoratethestate’sroleinproducingthe specialist technical skills that are essential tofulfilitscorefunctions.Developappropriatecareerpathsfortechnicalspecialists;

iv. Take a proactive approach to improvingrelations between national, provincial and local government. The state needs torecognize the wide variation in capacity,particularly at municipal level, and devolve


16

greater responsibilitieswhere capacity exists,whilebuildingcapacityinotherareas.Wherecapacity is more limited, particularly in many rural areas, municipalities should be allowed to focuson their core functions andnotbeburdened with too many extra responsibilities. A more pragmatic fit between roles andcapacitywillonlypartlyresolvechallengesintheintergovernmentalsystem.Itisinevitablethat there will be disagreements about howresponsibilities are divided, and national governmentshouldintervenewhennecessaryto mediate disputes.

132.Theongoingtransformationof thestateincludesengenderingnewdoctrines, culture andpracticesas well as ensuring that state institutions reflectthe demographics of the country, includingappropriaterepresentationof womenandpeoplewith disability.

133.The need for a strong overarching institutionalcentre that actively has the power, to not only monitor and evaluate, but to also enforce policyadherence and program implementation inaccordance with ANC policy and mandate.

134.Thestatemustbeabletoleadsocietyasastrongandlegitimatestate,whichmustenjoytherespectandconfidenceof thesociety,asitwouldneed,attimes,totakedecisionsintheinterestsof advancingeconomicjusticetothebenefitof societyaswholewhichmight appear toprejudice the interestsof certain sectors.

135.The state must proactively engage all sectorsof business, monopoly capital in all its forms,to encourage their participation in industrialexpansion,economicgrowthandjobcreation.

136.New sectors arising from radical economictransformation must be guided and motivatedto recapitalize and diversify to establish a newand transformed patriotic domestic ownershipof the new economy. The state must, with thecooperation of labor, encourage foreign directinvestmentthroughindustrializationprogrammes,emphasizingskillsandtechnologytransfer.Whilstpursuingeconomicintegration,especiallyregionaland continental, the state must ensure that the economicinterestsof thecountryarepromoted.

137.Government must review and harmonise the

laws and regulations and conditions whichinhibit interventions of the developmental stateto facilitate and fast track servicedelivery toourcommunities.

138.Government must drive a programme of professionalization of the public service. Thisprogramme must entail teaching public servantsthe philosophy and ethics of the developmentstate based on progressive ideology and values.TheDPSAand theSchoolof governmentmustdrivetheprogramme.

139. Public servants must be exposed to socio-economic challenges facing the communities and must bedirectedtoaddressandresolvethischallenges.

140.The state must create conducive conditions forpublicservantstodischargetheirresponsibilities.

141. State Communication: Government mustdevelopacapacitytocommunicateeffectivelythemandateof thedevelopmentstateanditsdeliveryprogrammes.In this regard, reposition theGCISasaneffectivegovernmentcommunicator.

142. Secondary towns and abandoned industrial sites: Governmentmust consider the aggressiverevival of declining secondary towns as keyindustrial zones. The abandoned industrial sitesmustalsoberevivedanddevelopedbygovernment.This industrial sites must be allocated mostly to black business, with an objective to promoteeconomic development in municipalities.

143. State Owned Entities: government mustimplementtheState-OwnedEntitiesreviewreportin particular the reform and rationalization of SOEs. SOEs mandates must be aligned to themandateof thestate.

7.10 Traditional leaders144.Traditional Leadership play a role closest to the

people, and they are critical to social cohesion and buildingsustainablecommunities.

145. Traditional leaders raised concerns about the houses that their powers are not constitutionally secured.Therearealsoconcernsaboutinadequateresourcesprovidedbygovernmenttosupporttheinstitution.

146.Themostseriousdissatisfactionisat local level-as already indicated, under apartheid, Traditional Leaders functionedas localgovernment inmanyruralareasanditisclearthattheroleof traditionalleadershasalwaysbeenprimarily local, revolvingaround land, production and the needs of communities.

147.The 51st Conference of the ANC resolved that


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the institution of traditional leadership needs tobe transformed so as to achieve full legitimacy,democracy,andaccordinglyrespectandacceptancebyall thepeopleof our land;andthatassuch ithas an important and integral role toplay in thebuildingof ournewconstitutionalorder.

148.Inaddition,the53rdconferenceresolvedtheANCNECL&GSub-committeeshouldprepareapaperfor the NEC to take a decision on outstandingissuesontraditionalaffairs.

KEY OUTSTANDING POLICY ISSUES TO BE ADDRESSED URGENTLY149.Therearenumberof issuesontheinstitutionof

TraditionalLeadershipthatarestilloutstandingforittobefullyfunctional.TheisaneedfortheANCtoengageTraditionalLeadersinordertoaddressamongothersthefollowing:a. Constitutional Amendment (Chapter 7 and

12)with regard to powers and functions of traditionalleaders;

b. Review of Municipal by-laws that inhibitsfreedomof culturalpractices;

c. Provide legislation and policy to harmonizeworking relations between traditionalleadershipandMunicipalities;

d. Reviewlegislationonlandsoastoprovideforthemanagementof landbytraditionalcouncilsandKhoiSan including landownership andtoensuresoundworkingrelationshipbetweenCPA’sandotherstructures;

e. Participation of traditional leaders (NationalHouseof TraditionalLeaders)intheNCOPasparttimedelegates;

f. RegulatingFaithBasedpracticestobeinlinewiththelawsof theCountry;

g. Consider introducing a grant system fortraditional leadership structures to ensure consistentsupportacrossprovinces;

h. Protecting the Rights of people includingvulnerable groups in areas under traditionalleadership;and

i. Proposed ideal models of traditionalleadership towards sustainable institution and developmentof communities.

RECOMMENDATIONSi. TheANCmustholdanurgentspecialconsultative

conferencewithtraditionalleaderstodiscussandresolvetheoutstandingpolicyissues.

ii. The conference outcomes must lead intogovernment policy thatwill regularize traditionalleadership issues and customs.

iii. Based on the above, theANC is bound by the

Constitution to observe the practices of thetraditional leadership and ensure that the aspirations of boththeruralandtraditionalcommunitiesaremet.

iv. Theviewsof the traditional leadersas leaders intheirownrightintraditionalcommunitiesshouldbe considered seriously and that a balance should be foundbetweenrecognitionof traditionalpracticesandtheircompliancewiththebasictenetsof theConstitution.

v. The ANC must have a structured and ongoingengagements with CONTRALESA and ensureconsensus and resolution on matters adversely impactingthetraditionalleadership.

7.11 Job Creation and Community Works Programme

150.PublicEmploymentProgrammes (PEPs)are justone of numerous government initiatives thatseek to intervene in the prevailing climate of sluggisheconomicgrowthandtheresultantslowjob creation. PEPs, including the CommunityWork Programme (CWP), are playing a key rolein providing work opportunities in poor areaswheremarkets are failing to do so. They ensurethat themillions of SouthAfricans who remainunemployeddonotgotobedhungry.

151. The CWP, implemented in all nine provinces by theDepartmentof CooperativeGovernance,isakeyinitiativetomobilizecommunitiesinordertoprovideregularandpredictableworkopportunitiesat the local level. The purpose of the CWP isto provide an employment safety net for thosewithout access to alternative work opportunities to lift them out of poverty. Participants receivea stipend in return for useful work that theyundertake in their own communities.

152.In 2015/16, the programme gave workopportunities to 220 056 participants from 203municipalities. Out the total number of CWPparticipants,womenconstituted77%,youth:42%andpeoplewithdisabilities:1%.

153.Alsoimportanttonoteisthefactthatin2015/16,approximatelyR1,7billion(R1675772787)wentdirectly to participants in the form of stipends,enablingthemtoaccessnumerousessentials thatthey would not otherwise have been able to access.

154.In addition to meeting its primary objective of providing work opportunities that have enabledparticipantsfrompoorhouseholdstoearnawageand sustain their families, the CWP has yielded


18

other secondarybenefits.Through thework thatparticipants do in the poor communities where theylive,thequalityof lifeinthesecommunitiesissignificantlyimproved.

RECOMMENDATIONSi. Thestate institutionsmustprioritise jobcreation

opportunities in their procurement programmes.Theessentialpositionsorvacanciesmustbefilledby the state institutions tominimize the scourgeonunemployment.Labourmaximisationmethodsshould be prioritized in project executions.Everyeffortmustbemade tobuildandsupportthe inclusion of small businesses and emergingenterprises.

7.12 Fighting corruption in the state and broader society

155.Theisasocietaloutcryregardingtheproblemof corruptionintheorgansof thestate,andamongstthosewhooccupythepublicofficesandtheprivatesector. Both Corporates and civil society has, tocertainextent,institutionalizedcorruptionaspartof life. In the past elections, this phenomenonhas been a dominant feature and the ANC hasundertaken to deal with the problem.

156. The corruption scandals of cartels involved inbuiltenvironmentduringthe2010worldcup,thecollusionof big confectionary conglomeratesonbreadpricefixingandrecentlythemanipulationof theSouthAfricancurrencybythemajorbankssince2007demonstratetheextentof institutionalizationof corruptioninSouthAfrica.

157.Theprivatesectorandthemediahaveignoredthesetrends and instead construed them as collusion rather than corruption; this is contrary to themisgivingsassociatedwiththepublicperceptionsof corruption.

158.The reported spate of corruption in the organsof stateandespeciallytheSOEsandstateentitiesand amongst public figures within the ranks of theANC isgradually reducingpublicconfidencein the public institutions. The notable increase in violent public protests may also be attributed to the perception that state institutions are somewhat corrupt.

159.The lack of action or inaction by the ANC asleaderinsocietyandParliamentcausedregressionineradicatingthescourgeof corruptioninsociety.

POLICY PROPOSALS ON DEALING WITH CORRUPTION 160.The ANC leadership must be more effective to

set an ethical culture within its ranks and outside. Thisrequireabold,radicalsteptorootout loopholes for irregular or fraudulent practiceswithintheANCandingovernment.

161.Some of the remedial mechanisms aimed atincreasingpublicconfidenceinpublicinstitutionsandreducecorruptpracticeswerefactoredinthePublic Administration andManagement Bill butwere removed eventually. Those provisions must be reviewed and included in the PAMA.

162.Ensure that both public servants and publicrepresentativesatalllevelsarebarredfromdoingbusinesswiththestate.It is importantthatthosewhoserveinthestateorgansmakeachoicewhethertheywanttobeinbusinessorremainservantsof the people. This will reduce competition and open upmore space for ordinarymembers of societywhose only option is to venture into business.

163. Introduction and implementation of probityauditstoallpersonswhowanttostandforofficeof authorityinallorgansof thestateandthisshouldbeextendedtoprivatesectorthroughregulations.This will ensure that dubious characters are not appointed to corridors of power both in publicandprivateoffice.

164.All persons who want to stand in public office,includingtheorgansof people’spoweratawardlevel, are compelled to declare their interests to preventanyformof corruptbehaviormanifestingitself.

165.Leveraging of ICT platforms and tools toeliminate any red tape in the public systems and thus improveefficiencyandeffectivenessof thepublic institutions.

166.The public service and administration portfolioshould fast track the establishment of integrityandethicsmanagementofficeandbuildrequisitecapacity at all levels of government. The scopemustextendtotheSOEs.

7.13 General matters167. Naturalized persons: The President is indirectly

electedfromtheNationalAssembly,asisthecaseof otherOfficeBearers,includingPremiersintheProvinces and mayors in municipal councils. The issue of naturalized citizen is subject for debate.Should naturalized persons be allowed to takeofficeasofficebearers?


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8. PROPOSED QUESTIONS FOR DISCUSSION

The following are questions that are recommendedasaguidefordiscussionbymembersof ANC,ANCleaguesandAlliancepartners:

i. WhatprogresshastheANCgovernmentmadeintransforminggovernmentbroadly?

ii. What role should ANC structures and Alliance partnersplayinsupportinggovernmentinallthreespheres.

iii. HowbestcanANCstructuresandalliancesupporttheANCgovernmentindeliveringservices?

iv. Isthepublicservicestructuredorrestructuredinthemannerthatimprovethelivesof SouthAfrican

v. Are the ANC public elected representatives, councillors,membersof provinciallegislaturesandmembersof parliamentvisibleinthecommunitiesandaddressingtheneedsof thepeople.Arethiselected representatives effective in promotingrepresentativeandparticipatorydemocracy?

vi. Doconstituencyofficesaddresstheneedsof theirrespectiveconstituencies?

vii. Dothelegislaturesprogrammeattheprovinceandnational reflect thesocietalchallengesandpublicmatters?

viii. Whatarethekeytransformationalissuesrequiredforthesystemof traditionalleadership?

ix. Is government planning well coordinated in thecommunities?

x. HowdoesANCplayeffectiveopposition?


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LEGISLATURE AND GOVERNANCE - African National … Policy Conference 2017... · NATIONA OIC CONEENCE | DISCUSSION DOCUMENS 3 provincial governments, with the sole purpose of supporting