The Black Sash – Perspectives from the coalface · 2011. 9. 23. · recommendation for a SROD (there is none). • Reflects poor awareness of policy and regulations Æ dire consequences

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10-12 November 2008

Feather Market Centre, Port Elizabeth, Eastern Cape

Presented and compiled on behalf of the Black Sash

by Elroy Paulus (National Office)

The importance of affirming partnerships between civil society and government - the imperative for Batho Pele principles in

the arena of local governance – a Black Sash perspective

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Our objectives with this presentation• Invitation – government departments for a working

partnership with ourselves and similar institutions based on common objectives

• Demonstrating – initial positive effects of both “out of the box”- thinking by both civil society and government that promote ubuntu

• Reflection effects, experiences and consequences when Batho Pele policy framework is treated as an “add-on function”.

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Outline of Black Sash Presentation• Background• An overview - good practices; interesting findings; key challenges• Gleaned from regional directors; national office staff and paralegals of

the Black Sash• Western Cape (Cape Town and Knysna)- ; Eastern Cape

(Grahamstown and Port Elizabeth) - ; Gauteng Regional Office and KZN Regional Offices (Durban and Pietermaritzburg)

• Our methods and strategies to promote Batho Pele• Lessons learnt and way forward from

collective reflections• Recommendations and Conclusions

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Some challenges of fostering affirming partnerships

Source: “Local Democracy in Action, A Civil Society Perspective on Local Governance in South Africa – Good Governance Learning Network (GGLN)” – May 2008 – www.ggln.org.za

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Some challenges of fostering affirming partnerships

The 3 aspects of good governance are interconnected, each aspect influencing the other two efficient functioning of each of the three aspects requires:

• integrity and perceptiveness at the level of council and adequate professional and technical skills within the administration, and

• this institutional capability must be matched and informed by and augmented by appropriate spaces for, and recognition of, publicparticipation, or “voice”.

• Community groups/leaders sufficiently enabled to engage government with a deeper understanding of the functions/powers/mandates and limitations ofgovernment – hence the need for rights education local advocacy

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A typical (but naïve) theoretical relationship model between civil society, State and business

State (National, Provincial and Local)

Business Civil

Society

To better understand the challenges of pursuing good relations between civil society,

govt and business, we need to revisit these assumptions and examine the SA context

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A more realistic portrayal of the interrelationship between Civil Society, State and Business

Provincial (9)

Local/District283 / 46

municipalities

Govt Agencies,

Parastatals

State/ National

Chambers of

Commerce

ABSIP

N ACTU

SME’s

BUSABusiness

Civil Society

Each municipality, province or region has a unique picture - an analysis, critique and engagement within a given context situation is important to build and work towards affirmative partnerships – each with its own pace, outcomes and challenges

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Some background info on the Black Sash

• 53 - year old human rights organisation - continues to empower marginalized communities and individuals to speak for themselves to effect change in their social and economic circumstances.• We do this through the strategies of Rights Education; Advocacy and Advice Giving • National Office and 7 regional offices viz. Port Elizabeth -; Grahamstown -; Durban – ; Pietermaritzburg - ; Gauteng - ; Cape Town -; and Knysna Regional Office

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• Programme - Comprehensive Social Security –Campaigning to close the policy gaps and working for the realization of Constititutionally entrenched socio-economic rights.

• Programme - Consumer Protection for the Poor – building a fair credit and consumer environment.

• Programme – Social Services and Subsidies – where we will work with communities who will be educated about their rights, provided with advice where needed and enabled to take action to access them within the area of social and consumer protection

Elements of 2008-2012 Strat Plan of Black Sash

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Mr Mbuyiselo Mcetywa (SASSA district area manager) and Black Sash Paralegals John Neer (with Thembi Mawisa (background) doing a community

radio rights education programme together on SROD and social grants. It reached 270 000 listeners in the NM Bay Metro and surrounding areas – on

Nkqubela (KQ) FM Community Radio Station - 10 April 2008.

Recent experiences of partnerships between govt/public entities and civil society

A. Local/ Regional SASSA EC and PERO Black Sash

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B. National and Provincial

• DoSD senior officials and civil society organisations including Black Sash – facilitating and reflecting on consultations

• Draft Comprehensive Social Security Reform Proposals Towards a White Paper on Social Security (August – October 2008)

• A National Conference (12-13 August 2008) and three provincialworkshops were held

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C. National and Human-made Disasters

• Xenophobia and internal displacement

• National Poverty Hearings

• Social Cohesion initiatives

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D. National

Participating in launch of Anti-Poverty Strategy (Presidency) as part of civil society – late 2007 –current


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Regional experiences and perspectivesWestern Cape:

• (SASSA) - largely positive. Administration “has been good for years in the Western Cape” – though not enough staff to address the need.

• Worked in Lwandle; Masiphumelele; George and Khayelitsha• From time of application, beneficiaries who qualify, typically receive

a grant within 21 days (e.g Khayelitsha)• Results due in part since SASSA (WC) acknowledged, signed and

committed to uphold the Batho Pele principles.• Resource problems - rollout of grants to beneficiaries. • common agreement - numbers of people going to a service point

huge huge delivery challenge

• Cape Metro - Some service points -people arrive since 03h00. People appear to assume that if they are turned away at a service point (as opposed to the physical pay point), they will have to come back another day.

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Western Cape:

• Knysna Office - very different scenario in the coastal and more rural parts of the Western Cape.

• George area (Eden and Karoo Districts) – queue problems ameliorated.

• Services offered weekly in George; and bi-weekly in Knysna. • Once a week - mobile service visits surrounding farms around

Knysna. • Increasing the frequency helps to drastically keep waiting times low.• Formal monitoring of SASSA - typical waiting period between 30 –

60mins, some even less than 30 minutes at pay points – once they are inside the hall

• weekly basis - assist people to address bureaucratic; administrative or technical challenges regarding access to these critical services –cf our website’s “you and your rights section”

• This informs readers with up to date fact sheets around 9 different types of grants

Regional experiences and perspectives

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Western Cape - Key challenges • Grant Administration appeals process – removed from

SASSA. Tribunal based in DoSD,Pretoria - backlog of about 45 000 cases - most relating to disability grants -frustrated - management of these appeals also appear to be complicated by transfers between provinces.

• Transport issues (Knysna area) Require critical interventions and cooperation by and between various government departments and entities.

Many taxi drivers do not have PDP’s or operating permits.People forced to use taxis almost exclusively -no reliable bus or rail service exists between, for example, George; Knysna and Plettenberg Bay.


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• Yet, 2nd highest cause of death in Western Cape is road accidents.

• Very recently, StatsSA publication “Mortality and causes of death in South Africa, 2006: Findings from death notification” - makes specific mention that “the second most common cause of non-natural deaths was transport accidents (10,8%).


Source: StatsSA PO309032006 – 23 October 2008

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“Mortality and causes of death in South Africa, 2006: Findings from death notification”

• Age cohort within which non-natural deaths occur (43% of all deaths) = young people 15-19 • Scholars and teenagers - most negatively affected – transportation accidents play a very high role.

• Will have major impact on the economically active population over the next 2-4 decades.

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Urgent interventions required:

• Process taxi transport permits urgently; regulate the industry effectively – i.e. make transport policies people-friendly (and safe for people to use).

• People seeking government services and opportunities to find work must be far more accessible and safely so, for unemployed; vulnerable or marginalised people.

• Challenge claims that “95% of South Africans live within a 5-km radius of a health facility” measure intervention beyond the existence of a facility or structure, but quality of services; adequacy, sustainability and that beneficiaries/patients/people are treated with dignity.

• Minister Skweyiya emphasised the need for pensioners and beneficiaries to be treated with dignity and respect

• Requires better intergovernmental relations; cooperation between service providers; national and local government authorities, and local civil society organisations with adequatecapacity


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Eastern Cape experiences and perspectives

Insights from the SROD Rights Education Events

• Black Sash Port Elizabeth Regional Office and local SASSA offices jointly ran radio interviews informing clients about the Social Relief of Distress grant (SROD) in the Nelson Mandela Bay Municipality.

• Impact client knew entitlement to SROD. Demonstrated initiative to hold a government agency accountable to its mandate and simultaneously educate beneficiaries about this specific kind of grant.

• Yet, within 130 kms - SROD procedure of application has a very divergent interpretation regarding the applicability/eligibility of SROD.


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• Often led to many unnecessary bottlenecks and administrative problems for clients.

• Example – claim that one needs a social worker recommendation for a SROD (there is none).

• Reflects poor awareness of policy and regulations dire consequences for beneficiaries, especially for beneficiaries in rural areas, far from institutions that can help, challenge a decision.

• The total national allocation for SROD was a mere R124 million for 2008/9 – and these funds have run out in certain provinces.


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• Other examples - Debt and Credit workshop - Rhodes University. A joint initiative hosted by Black Sash (Ght RO), Black Sash National Office, co-presented dti - Economic Affairs Dept; National Credit Regulator (NCR); Competition Commission; the Council for Debt Counsellors and the Credit Ombudsman


• Aim raise awareness on debt and credit issues subsequent to the promulgation of the NCR regulations; giving advice to clients and the services (most free) offered by various stakeholders. • Almost entirely paid for by the various stakeholders –no additional money needed to be raised to have this event. • Similarly KZN and Gauteng - there may have been merit in requesting a presentation of the local municipality and district municipalities’ debt and credit management policy.

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As part of its vision to “make human rights real”, the Black Sash has published a concise and easy-to-use guide that addresses issues of debt and credit – "DEBT and CREDIT - A Reference Guide for Paralegals"provides valuable information and guidance on the rights and responsibilities of both those who borrow and lend money

Launch of Debt and Credit Guide – Dec 2007

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• Recently, PERO, supported by National Office -embarked on new programme (Social services and subsidies community-based rights education and local advocacy initiatives

• Begun working in KwaNoxolo with a local group of women.

• Helped identify advocacy priorities, including:– Establishment of a health clinic/services (closest is >

8 kms away)– Getting access to Umsobomvu Fund for skills

development and training



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Interventions required, include:• Advocacy and motivations for a massive increase in SROD• Greater strategic used of local community radio stations to

share important information regarding socio-economic rights


•Regular updates to government staff on the implications of new regulations regarding eligibility for grants•Improved intergovernmental relations; sharing of information and designing innovative strategies

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Black Sash Gauteng Regional Office (GAURO)

• Positive developments

GAURO, local CBO’s and NGO’s with the City of Johannesburg Municipality, organisations serving Asylum Seekers; Refugees andMigrants - commitment was brokered to ensure that government completes 50 cases per day.

Fairness to applicants from African diaspora - cases seen and addressed were divided by the ratio of applicants from various countries per day.

Required close working relationships with amongst other, the City of Johannesburg municipality; Department of Home Affairs; CBO’s/NGO’s and faith based organisations.


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Black Sash Gauteng Regional Office (GAURO)• Challenges:

– failure to timeously renew permits – blanket decision on the status determination

of especially Zimbabweans; – lack of effective communication; – no facilities were provided for sanitation,

shelter, water and social protection.


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Black Sash KwaZulu Natal Regional Offices (Durban and Pietermaritzburg) –experiences and insights:

• KZN Black Sash works closely with the Department of Social Development (DoSD); Department of Labour (DoL); Department of Home Affairs (DoHA); Department of Education (DoE); and Department of Finance (DoF).


• Also have good working relations with SASSA; the SA Human Rights Commission (SAHRC); local NGO and CBO networks and the local universities.

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Regional experiences and perspectivesUrgent interventions needed:

National strategy for standardization of norms and standards to be developed on a range of issues (mentioned earlier). Regular meetings with Directors-General of key government departments; holding meetings with the Mayor’s Office and other relevant government players/officials

Black Sash KwaZulu Natal Regional Offices (Durban and Pietermaritzburg) – experiences and insights:

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Lessons learnt and way forward from collective reflections

• To develop thorough understanding of the new programme’s context and challenges – Black Sash joined the GGLN mid-2008.

• Consultation - other CBO’s/NGO’s from other countries in Southern Africa engaged in local governance work, critical insights gleaned

• These developments cross-cut service delivery and governance matters in all SADC countries

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• Briefly these can be summarized as follows:

• Decentralisation• Civil society participation • A common theme - 'erosion of real participation due to

patronage• Coordination failure in terms of intergovernmental

relations• Urbanisation rates in Sub-Saharan Africa• Above factors have had a serious impact on

development challenges in every municipality; province and district in South Africa. This includes our work as the Black Sash.

Lessons learnt and way forward from collective reflections

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Black Sash Priority list for Social Service and Subsidy programme

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• Free Basic Services (water and electricity) and sanitation services

• Indigency Policy • Access to Clinics – primary health care services• No Fee Schools and School fee exemptions• Disaster Management • Access to Early Childhood Development (ECD)• Transportation • Corruption, poor practice and/or delivery mechanisms,

and • Other


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Other includes:

• Coordinated and integrated services – inter-departmentally; inter-provincially and between the 3 spheres of government, and with public entities and Chapter 9 Institutions where necessary

• Impact of evictions on households - how and when these are legal.

• What environmental laws; ordinances and by-laws affect marginalised and vulnerable people – and what the impact and requirements of relatively new legislation,e.g. National Environmental Management Act (NEMA) are.


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• Municipal accountability and public participation in policy and delivery formulation and planning -efficacy of ward committees and other community led fora.

• Linkages between spatial planning and services, and access to these services (e.g. the absence of street naming in certain areas and the impact this has on emergency medical services reaching people in these areas).

• Real alignment of policy and practice between national; provincial; and local governments.


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Thank you!Enkosi!Dankie!

Kea Leboga!

Rea leboga!

Ngiyabonga!

Documents

The Black Sash – Perspectives from the coalface · 2011. 9. 23. · recommendation for a SROD (there is none). • Reflects poor awareness of policy and regulations Æ dire consequences