Local Government Elections From Transition to Consolidation September Cedar Park by pimpdaddymust

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									Local Government Elections 2000:
 From Transition to Consolidation




                      20–21 September 2000
                Cedar Park Convention Centre
                   Woodmead, Johannesburg
                                                      Table of Contents



Introduction                                                                             5
Ms Ilona Tip, Director: Elections and Democracy Services, Electoral Institute
of Southern Africa (EISA)


Opening Remarks                                                                          7
Dr Michael Lange, Resident Representative, Konrad Adenauer Foundation – Johannesburg


Service Delivery Within the Context of Developmental Local Government                    9
Dr Thomas Mogale, Convenor, Masters in Management Degree Programme,
Graduate School of Public and Development Management, University of the Witwatersrand


Legislative Implications of the Demarcation Process                                     19
Mr Hilary Monare, Acting Manager, Demarcation Board


The Impact of the Demarcation Process on Traditional Leadership                         29
Nkosi M B Mzimela, Chairperson, National House of Traditional Leader


The Impact of Legislative Changes on Educating the Electorate: The IEC Perspective      33
Advocate Edward Lambani, Director, Legal Services Department IEC, National Office


Conflict Management Mechanisms for the 2000 Local Government Elections                  35
Ms Louise Olivier, Legal Services Dept IEC, National Office,


Gender Equality in the Sphere of Local Government                                       37
Ms Glenda Fick, Electoral Institute of Southern Africa, Legal Researcher


Participation in Local Government: A Rural Perspective                                   47
Ms Memke Nkone, Trainer: Local Government and Women’s Participation, Women’s Development
Foundation


                                                  3
Table of Contents

Developing an Appropriate Methodology for Democracy Education   51
Ms Sherri le Mottee, Curriculum Specialist, EISA

Workshop Discussion Summary                                     57
David Pottie, Senior Researcher, EISA


Programme                                                       61


Participants’ List                                              63


Seminar Reports                                                 67


Occasional Paper Series                                         69




                                           4
                                                                     Introduction


Fundamental to democracy is the notion that “the people shall govern”. This implies that structures and
systems are in place that provide citizens with a democratic right and responsibility to become involved
in government and governance. The goal motivating the transformation of local government is to deve-
lop a framework and process that allows for effective government. This is a process that seeks to work
closely with local citizens and communities to find ways of meeting their needs and developing strate-
gies to improve their quality of life. Furthermore, it seeks innovative methods to enhance and sustain
the delivery of services, especially to those communities most in need.

Building democracy means that everyone in a community – especially previously disadvantaged groups
excluded from decision making – is able to participate fully in selecting and planning the development
programmes that will meet their needs.

Local government transition aims to instigate new institutions, principles and support mechanisms that
will provide:

•   more efficient systems and structures
•   delivery and development of basic services
•   representative, accountable and effective leadership
•   professional administration
•   financial sustainability

Four pieces of legislation have been drafted that either have been, or are in the process of being, enact-
ed to facilitate this process, namely the Municipal Demarcation Act 27 of 1998, the Municipal
Structures Act 117 of 1998, the Municipal Electoral Act 27 of 2000 and the Municipal Systems Bill.

Voters participating in the forthcoming local elections are not only confronted with new pieces of legis-
lation but also with a different voting system. The local government elections provide for the introduc-
tion of a “mixed” municipal electoral system that allows for both ward and proportional representation.
The intention of the mixed system is to encourage local democracy and greater stability by ensuring
that parties with significant support are fairly represented in municipal government.

To address the changes outlined above, the Electoral Institute of Southern Africa facilitated a round-
table entitled Local Government Elections 2000: From Transition to Consolidation. The conference
was jointly funded by the Konrad Adenauer Foundation and the Swedish Development Agency and
was held from 20–21 September 2000 at the Cedar Park Convention Centre in Johannesburg, Gauteng.

The purpose of the roundtable was to draw together stakeholders engaged in local government. It was
also an opportunity to inform participants of the legislative framework for local government and to
allow voter educators to view available programmes and consider strategies for implementation. The


                                                     5
Introduction

conference participants included representatives from political parties, non-governmental and commu-
nity-based organisations, statutory bodies, governmental institutions and academics.

Discussions focused on the impact of the new local government legislation on citizen participation and
the development of voter education programmes. Local government elections globally tend to elicit a
poor response from the electorate. Taking into account the new legislation, a mixed electoral system
and the 1999 national and provincial elections, stakeholders engaged in the local government election
process need to seek creative and constructive ways to engage the electorate.

This roundtable is one response to that challenge.




Ilona Tip
Director: Elections and Democracy Services
Electoral Institute of Southern Africa




                                                     6
                                                          Opening Remarks



                                                                     Michael Lange


INTRODUCTION                                          in different parts of Africa, as well as in differ-
On behalf of the Konrad Adenauer Foundation           ent provinces of South Africa. It cooperates not
(KAF), I would like to extend a very warm             only with centrist political parties and their
welcome to you all. This is the second confer-        respective think-tanks, but also with reputable
ence KAF has jointly organised with the               academic institutions.
Electoral Institute of Southern Africa (EISA)           The Foundation has been actively involved
and it is good to see the participation of so         in projects focusing on constitutional issues
many eminent scholars.                                since the start of its involvement in South
  This conference is entitled Local                   Africa. Many of our research papers and semi-
Government Elections 2000: From Transition            nar publications have also tackled problems
to Consolidation. It will focus on South              related to constitutional issues
Africa’s successful emergence from apartheid
and its democratisation, whereby each citizen         2. EFFECTIVE LOCAL GOVERNMENT AND
may now vote for parties and candidates of            DECENTRALISATION
their choice in regular elections.                    It is vital for the rule of law, as well as for
  We hope that by assisting in organising this        democracy, that public administration func-
conference, KAF will contribute in a meaning-         tions well. Many countries still subscribe to an
ful way to the consolidation of these initial         exaggerated form of centralisation, which we
stages of democracy in the new South Africa.          believe hampers the initiative of individuals,
                                                      communities and regions, thereby obstructing
1. A BRIEF BACKGROUND                                 development.
KAF is one of six political foundations in               The Foundation is therefore in favour of any
Germany today and is closely affiliated to the        endeavour that will encourage decentralisation
Christian Democratic Union Party, a centrist          and allow the individual to engage as much as
political party that was founded after the            possible in the organisation of his/her daily life.
Second World War. The Foundation proudly                 KAF is aware that if democracy is to be
bears the name of one of its founding members,        understood and accepted by the people it must
Konrad Adenauer, who subsequently became              work well, particularly at local level. It is there-
the first Chancellor of post-war Germany.             fore of great importance that local politicians
  KAF has cooperated with partners through-           and administration officials are trained and
out the world for almost 40 years. Approxi-           educated to enable them to perform their duties
mately 80 employees currently oversee some            efficiently, and in the best interests of the citi-
200 projects and programmes in more than 100          zens.
countries. In this manner, the Foundation                Effective local government is an integral part
makes a unique contribution to policies serving       of a functioning democracy. By facilitating
peace and justice in international relations.         conferences such as these, KAF attempts to
  KAF currently runs a number of programmes           assist the current transition process at local


                                                  7
Lange

government level, while offering an assessment              The aim of the re-demarcation process was to
of future challenges facing local government.            transform local government by bridging the gap
   Local government has encountered teething             between rich and poor as well as between urban
problems in the past. Severe economic dispari-           and rural areas. This can only be achieved by
ties continue to exist across South Africa and           addressing the problems of access to basic ser-
local governments do not yet have access to              vices such as water, sanitation, electricity and
equal resources. This is especially evident              other infrastructure.
when comparing wealthy urban centres and                    In deciding on the new boundaries for munic-
poor rural areas, as well as wealthier provinces         ipalities, the board considered a number of fac-
and poorer provinces.                                    tors including:
   Solutions to the problems facing rural regions        • the interdependence of people, communities
continue to be elusive, given the absence of a              and economies. This would involve factors
rates base and the high cost of developing infra-           such as employment, public transport, human
structure. While local government is guaranteed             settlement, migration patterns and access to
a share of national income, intergovernmental               services and recreational facilities.
grants and subsidies have apparently not kept            • the relationship to districts, voting areas,
pace with the greater responsibilities accorded             health policy, population, existing or expect-
to local government.                                        ed land use, type of land in the area and envi-
   At the same time, there is a misconception of            ronmental implications.
the role and function of local government.               It is apparent that the board has not given much
Indications of these problems include a high             consideration to the reservations and objections
degree of politicisation, resignations of experi-        that traditional leaders (approximately 800),
enced personnel, expensive amalgamations of              who are key players in rural areas, might have
structures, the duplication of positions and             with regard to the demarcation process.
unrealistic budgeting.                                      For example, in some cases the new bound-
   Priorities that require ongoing attention             aries divide rural communities previously under
include administrative, financial and technical          traditional leadership into more than one local
capacity-building, effective service delivery,           council. Traditional leaders feel threatened and
meeting the development needs of communi-                have sought intervention at the highest possible
ties, local–provincial intergovernmental rela-           level to have the Demarcation Board’s deci-
tions and economic promotion.                            sions reversed or altered.
   Many new bills have been promulgated or are
currently under discussion. We hope that the             CONCLUSION
formulation of policies in this regard will be           As a political foundation we look with great
dynamic and will reflect the views of all stake-         interest to the forthcoming municipal elections
holders, not only those of the politicians direct-       that are expected to take place before the end of
ly involved in drafting the bills.                       this year. We all hope that the minister respon-
                                                         sible for local government, Sidney Mufamadi,
3. THE DEMARCATION PROCESS                               is correct in his assessment that the process is
The forthcoming local government elections               on track and that preparations for the elections
will finally conclude the process of transforma-         are running according to schedule.
tion decided upon during the negotiations that              The forthcoming local government elections
ushered in South Africa’s new political dispen-          are an opportunity for every South African citi-
sation.                                                  zen to assess the legislative conduct and perfor-
   The Municipal Demarcation Board has decid-            mance of South Africa’s recently re-elected
ed on the boundaries of the six new mega-                democratic government.
cities, 241 local councils, 52 district councils            KAF hopes that this conference will provide
and district management areas in sparsely pop-           an opportunity to gain greater insight and
ulated parts of the country. These structures            understanding into some of the key issues
will replace the 843 local councils previously           affecting the local government election process
in place.                                                in South Africa.




                                                     8
             Service Delivery Within the Context of
                 Developmental Local Government


                                                                       Thomas Mogale


INTRODUCTION                                                     accounts for only 10% of consumption,
South Africa has an estimated 37.9 million                       while for the richest 5% the figure is 40%”
people,1 stratified into racial and ethnic group-                (Marais, H., 1998:34).
ings as a result of decades of apartheid policy.            In this respect, the table below is instructive.
The apartheid system favoured the white popu-                  The high level of unemployment, estimated at
lation, awarding them a life of abundant                    40% of the economically active population,
wealth, while the majority of the non-white                 presently poses a threat to the South African
population lived in poverty. Non-white people               economy. The 1998 Human Development
were denied access to land, basic services and              Report places South Africa 89th in the Human
human rights. Inevitably, seven years after a               Development Index (HDI) ranking and classifies
peaceful transition to democracy, the country               it as a “Medium Human Development Country”
still holds the odious distinction of having one            (0.717 HDI) as well as a “Middle Income
of the highest income disparities in the world,             Country”, with a real gross domestic product
second only to Brazil.                                      (GDP) of US$4332 per capita. However, while
     “Inequality between rich and poor has                  the poorest 20% of the population received a
     increased dramatically since 1975. The                 real GDP of US$516 per capita (1980–1994),
     World Bank describes South Africa as one               the richest 20% received US$9897.
     of the world’s most unequal economies,                    The present post-apartheid, democratically
     with 51.2% of annual income going to the               elected government in South Africa inherited a
     richest 10% of the population and less than            variety of administrative, financial, economic
     3.9% of income earned by the poorest 40%.              and political structures resulting from decades
     South Africa’s Gini coefficient is 0.68,               of apartheid rule. For example, the legal and
     worse than that of the Bahamas, Brazil or              administrative structures inherited were not
     Jamaica (and 33 other developing coun-                 intended to serve the broad population of the
     tries), according to a study on income pat-            country, but rather small, divided ethnic or
     terns by the Human Sciences Research                   racial categories. The apartheid system was not
     Council and University of Natal econo-                 known for upholding participatory norms for
     mists. The poorest half of the population              decision making. As a result, different sets of
                                                            local government administrative structures for
 Indicators of income inequality, 1993
                                                            different racial groupings were imposed to
                                                            administer discriminating policies, rather than
 Income accruing to richest 10%
 of the population                             51.2%        to deliver basic services.
                                                                 “Apartheid policies have fundamentally
 Income accruing to the poorest                                  distorted and damaged the spatial, social
 40% of the population                           3.9%            and economic environments in which peo-
                                                                 ple live, work, raise families, and seek to
 Source: World Bank, World Development Report, 1997
                                                                 fulfil their aspirations.”2


                                                        9
Mogale

Given this context, there is an urgent need to           related.” All spheres of government must
accelerate service delivery to local communi-            observe the principles of cooperative gover-
ties. It has become vital that a strong, syner-          nance and intergovernmental relations. These
getic partnership among central and local gov-           principles require them “to exercise their pow-
ernments, civil organisations and private insti-         ers and perform their functions in a manner that
tutions, be galvanised to rectify inefficiencies         does not encroach on the geographical, func-
associated with the recent past.                         tional or institutional integrity of government in
   Local government in South Africa has                  another sphere” and to “cooperate with one
undergone a process of transformation from               another in mutual trust and good faith…”.4
apartheid’s highly unequal, racially classified             Theoretically, innovations brought about by
local administrative apparatus to, ideally, an           these principles in the South African system
integrated, developmental, equitable and sus-            oblige all spheres of government to help
tainable sphere of government. This transfor-            authorities in other spheres build their legisla-
mation process involved three phases of transi-          tive and executive capacities. This would
tion: the pre-interim phase, the interim phase           include the capacity to empower civil society
and the final phase. Local government is piv-            and to secure the well-being of residents. In the
otal to reshaping and strengthening local com-           case of municipalities, this approach is clearly
munities. This can be achieved by intensifying           indicated in Section 154 (1) of the constitution:
service delivery, especially to the poor, thereby        “the national government and provincial gov-
deepening the foundation for democratic, inte-           ernments, by legislative and other measures,
grated, prosperous and truly non-racial local            must support and strengthen the capacity of
communities. Generous assistance should be               municipalities to manage their own affairs, to
diverted towards building the capacity of                exercise their power and to perform their func-
provincial and local government. Attention               tions.”
should also be focused on the reflective institu-           Most importantly, the constitution regulates
tionalisation of service delivery instruments            the transformation of the local government sys-
within the jurisdiction of local governments.            tem, while providing it with a pivotal and dis-
   In 1993, the Local Government Transition              tinctive role in the underpinning and promotion
Act (LGTA) provided the legislative frame-               of social development and democracy at local
work for the three-phase transitional process            level. For example, Chapter 7 of the constitu-
towards a new local government system. Under             tion explains the role of municipalities in the
this Act, new forms and structures of local gov-         developmental local government process.
ernments, including transitional councils and               Ironically, in the current South African con-
municipalities, were created to respond to the           text, local government lacks the necessary
increasing demand for the amalgamation of for-           capacity. This, in a sense, represents an
mer racially based structures. However, after            Achilles’ heel in the implementation of the
the elections of 1994 and the creation of nine           transformation ideals of the constitution. It has
new provinces3 in the same year, the limitations         been widely documented that many local gov-
and constraints of this new institutional frame-         ernment structures suffer from a dearth of
work became apparent during the interim tran-            skills, particularly in financial and administra-
sitional phase.                                          tive areas. This compromises their ability to
   The signing of the new constitution heralded          alter their approach from administrative to
for South Africa the adoption of the relatively          developmental and to deliver effective and effi-
new and innovative concept of government                 cient public services. It is therefore of extreme
manifesting itself through political and admin-          importance for the country that local govern-
istrative systems. Adoption of this new concept          ments, especially those in rural provinces, be
marked the establishment of new relationships            capacitated and transformed so that they may
between public institutions, government struc-           play a developmental role. Intervention through
tures and civil society. Broadly speaking, sec-          sound governance and capacity building initia-
tion 40 (1) of the constitution argued: “In the          tives will create an environment conducive for
Republic, government is constituted as nation-           local government to exercise its power and
al, provincial and local spheres of government           functions in a way that exerts maximum impact
which are distinctive, interdependent and inter-         on the social development of communities.


                                                    10
                                                                                               Mogale

   To give effect to this new local government           Government Sector Education and Training
system, the White Paper on Local Government              Authority (LGSETA), local government associ-
was issued in March 1998. This paper provides            ations and the LGBC should be strengthened to
the national policy framework for the strength-          promote their role in supporting the transition
ening of local government capacity. It guides            phase.
government institutions, non-governmental                   Having set these principles, a set of support
organisations (NGOs), South African citizens             services were proposed to assist municipalities
and international development agencies                   in performing their tasks. These services
towards the establishment and underpinning of            included supporting the establishment of the
the new local government system and ethos.               Municipal Demarcation Board, introducing a
Seven major areas of intervention5 key to trans-         performance management system, developing
formation development objectives have subse-             administrative regulatory frameworks and
quently been identified. Furthermore, this               developing communication strategies.
process has indicated the route to the final                Finally, the strategy recommended the
phase of political transition. This is occurring         creation of the Local Government Transforma-
primarily through the adoption of optimal insti-         tion Programme (LGTP) as a cooperative gov-
tutional arrangements and the call for a re-             ernance vehicle for mobilising and coordinating
demarcation process. It has also drawn atten-            programmes, resources and available personnel
tion to the need for capacity to be built within         to support the establishment of the local gov-
municipalities.                                          ernment system. The strategy provided an out-
   On the whole, the White Paper called on               line for local government transformation within
municipalities to build social conditions                the framework of the three spheres of govern-
favourable to development. They were also                ment. It suggests policy, legislative, training
required to consolidate local democracy                  and other interventions that need to be effected
through, among others, raising awareness of              within each focus area. It also sets the parame-
human rights issues and promoting constitu-              ters within which all role-players – including
tional values and principles among citizens.             government, NGOs, donors and the private sec-
   This strategy represented yet another step in         tor – should operate.
the process of attaining the final local govern-
ment system. Once elaborated upon, five areas            1. DEVELOPMENTAL LOCAL GOVERNMENT
were identified where intervention was a priori-         Like most human institutions – the family, the
ty. Each area would provide a catalyst for other         village, the city – the developmental local gov-
processes that would strengthen local govern-            ernment was born before anybody thought of
ment. The areas discussed were: developmental            naming it. There are debates about when it was
local government, political system, finance, ser-        born and whether all developmental local gov-
vices and administrative systems.                        ernments are properly labelled or not. In this
   In addition, the strategy introduced two guid-        paper it is assumed that they existed before
ing principles for the implementation of the             economists, political scientists or historians
White Paper on Local Government in the above             ever recognised them as such.
priority areas:                                             Firstly, what does developmental local gov-
   Firstly, as the transformation involves three         ernment mean in the era of global capitalism?
spheres of government, the implementation                Bagchi defines it as one “that puts economic
should be seen as a crucial exercise in coopera-         development as the top priority and is able to
tive governance. The transformation process              design effective instruments to promote such an
should therefore be guided by a forum repre-             objective” (Bagchi, 2000:398). The instruments
senting the relevant stakeholders. At the same           identified include, inter alia, forging new for-
time, it should build on the existing pro-               mal institutions, the weaving of formal and
grammes and initiatives, thereby increasing              informal networks of collaboration among the
interaction and coordination between national            citizens and officials and the use of new oppor-
and provincial support programmes.                       tunities for trade and profitable production. A
   Secondly, the capacity of several national and        prominent feature of the most successful devel-
provincial institutions should be established or         opmental local governments is their ability to
reoriented. Organisations such as the Local              switch direction from market- to government-


                                                    11
Mogale

directed growth, or vice versa depending on                ment is set out in the constitution and the Bill of
geo-political circumstances. They also combine             Rights. The constitution commits government to
both market and state direction in a synergistic           protecting human rights and meeting basic
manner when the opportunity allows.                        needs. While this has not always been apparent,
   Thus the degree and nature of a developmen-             these new responsibilities require local govern-
tal local government’s involvement in econom-              ment to, inter alia, maximise social develop-
ic activity is likely to vary over time. Neither           ment and economic growth potential, integrate
undiluted etatisme nor dogmatic commitment                 and coordinate development and democratise
to the free market is likely to characterise a suc-        development. It must learn and lead.
cessful developmental local government.                       In order for local government to be develop-
Similarly, the instruments for pursuing these              mental, it needs to prioritise certain functions
goals are likely to change from state to state             and community requirements. With a history of
and epoch to epoch.                                        non-delivery and poverty, local government
   In the words of Minister Valli Moosa, the               should be striving to provide household ser-
White Paper “spells out the framework and pro-             vices and infrastructure; creating liveable, inte-
gramme in terms of which the existing local                grated cities, towns and rural areas; promote
government system will be radically trans-                 local economic development and playing a key
formed. It establishes the basis for a system of           role in community empowerment and the redis-
local government which is centrally concerned              tribution of resources.
with working with local communities to find                   National and provincial government is res-
sustainable ways to meet the needs and                     ponsible for assisting local government with pol-
improve the quality of life”.                              icy and the means to achieve this. The introduc-
   The White Paper presents certain models of              tion of Integrated Development Planning (IDP)
local government and suggests criteria for                 is an important policy initiative. It compels local
choosing a model, based on effective gover-                governments to become more strategic in their
nance and the ability to deliver services to dis-          approach to development and the allocation of
advantaged sectors of society. The criteria                resources towards achievement of these goals.
include setting up viable and transforming                 The ability to integrate sectorial functions is the
administrative systems and financial manage-               key to effective local government.
ment, effective service delivery targeting the                The Development Facilitation Act (DFA) has
poor and formerly disadvantaged groups, and                initiated integrated development through
promoting spatial and sectorial integrated                 Chapter 1 principles and the Land Development
development.                                               Objectives (LDOs). Integrated planning is still,
   In order to assist local governments in meet-           however, being driven by the Department of
ing policy requirements and to speed up service            Provincial Affairs and Local Government. In
delivery to the poor, extensive resource acquisi-          addition to the LDOs – which are more service-
tion in terms of funding, human resources,                 delivery orientated – the IDPs need to include
appropriate institutions and concerted capacity            institutional plans with human resource devel-
building in a number of areas is crucial.                  opment imperatives and financial plans which
                                                           combine planning and budgeting. A key con-
2. DEVELOPMENTAL LOCAL GOVERNMENT,                         cept to be introduced into this is performance
QUA VADIS?                                                 management for local government. This would
The constitution, the White Paper on Local                 ostensibly foster a culture of accountability for
Government and related documents all advocate              performance.
that local government should aim to be more                   Developmental local government also
developmental in its approach. This aim should             requires that local democracy be developed and
become a cornerstone in the transformation                 promoted. This would encourage greater partic-
process. In pursuit of this goal, local government         ipation from voters, citizen groups, consumers
will need to be committed to working with citi-            and end-users, as well as organised partners
zens and groups within communities to develop              such as NGOs. The result will be the provision
sustainable methods of meeting the community’s             of a decent quality of life that will meet the
social, economic and material needs.                       social, economic and material needs of commu-
  The basis for developmental local govern-                nities. Some of these aspects are new chal-


                                                      12
                                                                                                   Mogale

lenges to local government (e.g. being service              partnerships with other role players, for exam-
or customer oriented) and will require consider-            ple NGOs, civil society organisations (CSOs)
able capacity building and support. The current             and the private sector, should be made to assist
level of resources and skills together with the             in the process. This requirement of the constitu-
need to shift attitudes and practices are areas             tion also focuses on promoting the participation
that still require considerable intervention.               of women in leadership positions of local gov-
                                                            ernment.
3. INTERGOVERNMENTAL RELATIONS                                 These key areas of local government reform
The new constitution describes government as                should be addressed with the following
having three spheres which, while separate, are             approach:
also interdependent and interrelated. This
requires cooperative governance. National gov-              4.1.1 Implementation of the IDP process
ernment has a number of roles to play with                  manual
respect to local government. The key roles, for             The IDP process manual was officially launch-
the purposes of this paper, being to provide a              ed in September 1998 and will be implemented
framework for municipal capacity building, to               by all local authorities in the country. The IDP
support local government organisation and fis-              manuals are designed to assist local authorities
cal relations.                                              in formulating integrated development plans by
  The provinces’ responsibilities in the context            prioritising and strategically focusing their
of this study are: promoting developmental                  efforts and resources. Through this, training
local government through the integrated devel-              material will be produced and workshops will
opment planning process and institutional                   be conducted to facilitate the implementation of
development and capacity building. While                    the IDP manual. Seminars could also be con-
provinces are not solely responsible for local              ducted in selected local governments to famil-
government training and capacity building,                  iarise councillors and provincial administration
municipalities have a responsibility towards                officials with the options available for service
their staff for this. Provinces should fund train-          delivery.
ing programmes, assist with technical support,
mentorship, exchange programmes and help                    4.1.2 Implementation of local economic
with IDP processes.                                         development links with developmental local
                                                            government
4. CRITICAL SUPPORT AREA                                    As cited above, municipalities are grappling
The following analysis outlines local govern-               with their “developmental” role as dictated in
ment critical support areas and demonstrates                the new constitution and the White Paper on
how they are interrelated and complement one                Local Government. Confounded by unexpected
another. The sequence of focus areas would                  financial and human resource constraints and
need to be developed and agreed by all parties              massive difficulties in attempting mere service
at the start of implementation.                             delivery, many smaller local authorities are
                                                            completely overwhelmed. Furthermore, nation-
4.1 Improvement of service delivery                         al and provincial government departments are
The constitution and the White Paper on Local               rapidly producing policies, white papers and
Government oblige local government to deliver               legislation that needs to be complied with and
a range of services to meet the social, economic            programmes that could possibly be accessed.
and material needs of their communities. To                    Understandably, some municipalities assume
achieve this, it is essential that the local govern-        the “ostrich approach” to the external environ-
ment administrative system be transformed to                ment by merely continuing in their previous
respond to these needs.                                     roles and functions. Others, however, aggres-
   Local government capacity can be achieved                sively pursue the “short gun-shot” approach of
by introducing necessary planning techniques,               “shooting everything that flies”, hoping that
management skills, effective administrative                 something will fall out of the sky. The problem
systems and by promoting improved relations                 with both these approaches is that neither will
with traditional leaders. In addition, various              adequately lead to the “developmental”
other approaches to service delivery, including             approach required from local government. If


                                                       13
Mogale

the success of municipalities is to be measured            in the selection of participants for training pro-
in terms of their developmental results, then              grammes. This will occur through specific
local authorities have to begin actively identify-         mechanisms to be adopted at steering commit-
ing the support systems necessary for them to              tee level.
meet their developmental mandate.
   One of the desired “developmental” results is           4.1.4 Administrative systems and structures
the “promotion and facilitation of local eco-              Systems, procedures and administrative guide-
nomic development”. Unfortunately, some                    lines will need to be developed in a number of
municipalities have become caught in a theoret-            critical areas if local government efficiency is
ical debate concerning local economic develop-             to be improved. Areas of weaknesses which
ment (LED) and the definition of an economic               will be addressed include financial planning,
role for local authorities. Perhaps this is a reac-        financial reporting, performance management
tion to a perceived “top down” approach adopt-             systems and management information systems,
ed by national government. It may also be a                including information technology strategies.
failure to understand the opportunities that LED           The exercise will also include the streamlining
strategies offer localities. We are aware of the           of organisational structures to enhance adminis-
uneven impact of globalisation on regions and              trative efficiency, including effective mecha-
sectors in South Africa. There is also the threat          nisms for revenue collection. Workshops will
of deepening divisions between the so-called               be conducted to facilitate the implementation of
“core” and “periphery” and between the                     the improved systems and procedures. Assist-
“skilled” and “unskilled”. Unless local authori-           ance will be provided in the following areas:
ties seriously address questions of poverty, job           • financial management and accounting sys-
creation and competitiveness and strengthen                   tems
their strategies through networks and linkages,            • budgetary control procedures
the existing economic landscape may be rein-               • management information systems
forced in terms of the economically margin-                • performance management systems
alised. LED will contribute to the creation of             • project management, monitoring and evalua-
opportunities for regeneration, economic partic-              tion manuals.
ipation and will positively enhance rates-gener-
ating economic activities.                                 4.1.5 Relations between elected officials and
                                                           traditional leaders
4.1.3 Human resources development                          At present, relations between traditional leaders
Human resources development is critical for the            and elected local government officials in the
success of the transformation programme. It                two provinces are not good. Traditional leaders
will involve an assessment of training needs in            perceive that their role in the community will
order to plan training programmes, to prepare              be diminished as local government is strength-
training material and organise workshops and               ened and takes control of the economic and
seminars. In particular, the training sessions             administrative functions. The issue is further
will focus on areas where major weaknesses                 complicated as the role of traditional leaders
have been observed, for example:                           within local government is not clearly defined
• local government administration                          either by national government or by the
• project planning, management, monitoring                 provinces.
   and evaluation                                             The White Paper indicates, however, that tra-
• financial management                                     ditional leaders should play an important role in
• budget preparation                                       the transformation process, as they are custodi-
• customer relations                                       ans of tribal land within their communities. The
Training outlines will be prepared in coordina-            White Paper proposes a cooperative relation-
tion with South African Local Government                   ship. It is therefore essential that local govern-
Association (Salga) and LGSETA to improve                  ment develop a mechanism to work with tradi-
their commitment and contribution.                         tional leaders. The programme will assist in
   In view of the requirement to increase wom-             drafting a strategic framework for the relation-
en’s participation in local government, particu-           ship between traditional leaders and elected
lar effort will be made to ensure gender balance           officials. Workshops will be conducted to dis-


                                                      14
                                                                                                   Mogale

cuss this issue and topics related to the role of         at local, provincial and national level. Various
traditional leaders and elected officials, service        parties should also be brought together to dis-
delivery and developmental local government.              cuss problematic issues and innovative solu-
                                                          tions.
4.1.6 Gender mainstreaming
Representation of women in local government               4.2 Administrative systems and linkages
leadership positions is currently inadequate.             Due to structural and functional historical lega-
“Although women constitute more than 50% of               cies, the number, size and capacity of transi-
the population, only 20% of municipal council-            tional local councils (TLCs), inter-governmen-
lors are women.”6 This issue will be addressed            tal linkages and networking structures have not
through specific training programmes aimed at             always been what they should. This has
councillors, relevant local government officials          prompted the formation of (political) intergov-
and community leaders. Officials from the two             ernmental forums headed by the premiers.
provinces, North West Local Government                    These comprise Members of the Executive
Association (NOWELOGA) and the Northern                   Council (MECs) and organised local govern-
Province Local Government Association                     ment (NPLGA and NOWELOGA). They have
(NPLGA), will also be invited to participate.             only recently been formed, and their impact is
Two sets of training programmes will be                   therefore still to be felt.
planned. The first will concern gender issues                In rural provinces the relationship between
and will target all councillors, municipal offi-          traditional leaders and local councillors is com-
cials and community leaders. The second train-            plicated by the existence of additional struc-
ing programme will be specifically formulated             tures such as the House of Traditional Leaders
for women councillors and will aim at inform-             which performs an advisory role. The effective-
ing them on issues that are essential to their            ness of their relationship varies, depending on
effective participation in local government               the area or specific issues concerned.
affairs. Training topics will be identified by the           The Provincial Coordinating Committee on
programme management team. To this end, the               Training (linked to the National Training
Women’s Development Foundation, the                       Board) has recently been disbanded. This com-
National Women’s Coalition, the Commission                mittee comprised councillors, unions and the
on Gender Equality, the Office of the Status of           Local Government and Traditional Authority
Women, the Women’s Empowerment Unit and                   (LG&TA) Department. It is to be replaced by a
Salga will be consulted.                                  sectoral education and training authority
                                                          (SETA), which will be run directly by the
4.1.7 Municipal service partnerships                      National Training Board. The Northern
This will involve assessing the advantages and            Province has indicated that it would like to
disadvantages of entering into a partnership              apply to become an agent to undertake such
with the private sector and/or other interested           training once it is approved. It has further indi-
organisations such as NGOs, community-based               cated that it will create a special training unit to
organisations (CBOs) and other municipalities,            do so.
to provide municipal services for the communi-               The relationship between the province and
ty. There are various cooperative options that            district councils is not always congenial, nei-
could be explored by providing information,               ther is the relationship between district council-
organising demonstrations and training local              lors and local councillors. Mistrust is initiated
government staff and other stakeholders,                  by poorly articulated funding mechanisms and
including representatives of business, labour             suspicion that redistribution of resources to
and communities. Presentations will be organ-             areas traditionally marginalised by former
ised by experts to share experiences from suc-            apartheid policies prejudices other TLCs.
cessful South African and international pro-                 Transitional rural councils (TRCs) face con-
jects, as well as other government departments,           siderable capacity constraints. They often have
to further increase understanding about local             only one official who acts as the administrator,
government service partnerships.                          development facilitator and implementer.
  A national workshop on service partnerships             Officials tend to lack necessary skills and do
should be organised to contribute to discussions          not have fixed office premises.


                                                     15
Mogale

4.3 Provision of infrastructure services                    and resources spent on training will consti-
Through the Municipal Infrastructure Pro-                   tute a direct loss.
gramme (MIP), the Extension of Municipal                  • Likewise, the number of councillors may be
Services (EMIP) and the Bulk and Connector                  reduced and skilled councillors may resign.
Infrastructure Grant (BCIG) (now all under the
CMIP), many projects providing sewerage and               5.2 Developmental local government
water to a number of areas have been complet-             Smaller local governments are far from achiev-
ed. The new CMIP grants include a portion to              ing this policy ideal. The new approach, sup-
be used for capacity building. Where previous-            ported by the DFA, does not appear to have
ly this was allocated on a project-by-project             been passed on to local level. The whole philo-
basis, provinces may now allocate a lump sum              sophical approach needs to be communicated
from the global allocation fund for general               far more extensively. Allied to this is the lack
capacity building. In this way capacity building          of understanding of the approach to the prepa-
involving infrastructure delivery and project             ration of LDOs or IDPs. These are the mecha-
management can be provided on a broader                   nisms with which local government can effect
basis by provincial and local authorities,                change and become more developmental in
instead of it being restricted to a particular            their approach.
project.                                                      Unfortunately, they have become a technical
                                                          requirement to be met by any means and this
5. OVERALL OBSERVATIONS AND COMMENTS                      opportunity to transform local government
5.1 Local government re-organisation                      from the “bottom up” is being lost due to a lack
There are two key issues to local government              of understanding and the capacity to implement
re-organisation. Firstly, the current re-organisa-        it.
tion has had a major impact on local govern-                  The achievement of developmental local gov-
ment’s ability to deliver services, the biggest           ernment has been prioritised by organised local
being in those municipalities that have incorpo-          government, DFID and GTZ. However, even
rated former homeland towns. Staff comple-                these efforts may not be sufficient.
ments are divided along many modalities (cul-
ture, ethnicity, skills, language) with the result        5.3 The ad hoc nature of training
that the amalgamation is not an easy process.             Both provinces are in dire need of capacity
Duplication of functions have not all been                building at both provincial and local level.
rationalised. The fact that thousands of employ-          However, the training that actually occurs is ad
ees who are effectively servicing local govern-           hoc in nature. The reasons for this include:
ment, are still employed by provincial struc-             • the closure of training centres
tures creates problems with representation, as            • the restructuring and lack of capacity in
well as daily administrative problems.                      organised local government institutions
   Secondly, the process leading up to the next           • the lack of resources in provinces to develop
election will be characterised by further local             well defined programmes
government re-organisation which will have an             • the lack of resources in local government to
impact on local government capacity. This is a              identify training needs
factor that needs to be taken into consideration          • a lack of training coordination. Any training
when developing training programmes, as it                  institution can approach a government
will have the following effect:                             department and promote its programmes and
• Geographical areas of local government will               products, often without knowledge of how
   be expanded to include areas which adminis-              suitable the product will be for the beneficia-
   trations may not be equipped to govern. They             ries
   may need new skills, new organisational                • a lack of funding generally, causing sporadic
   structures, etc.                                         attempts when funds are available
• The number of staff members may be                      • local governments lack information on train-
   reduced placing an additional burden on the              ing programmes, especially those that are
   remaining staff. This requires that these peo-           available from national and provincial depart-
   ple perform with greater efficiency and have             ments
   higher skills levels. Skilled staff may resign         • a lack of in-house, experienced staff at local


                                                     16
                                                                                                  Mogale

  (and provincial) level to act as mentors to             officials and councillors in both provinces, and
  new staff.                                              particularly in local government, that they are
                                                          unable to achieve much without massive subsi-
5.4 Communication channels                                dies from government. The economic realities
Direct communication between national,                    in many of the smaller local government
provincial and local spheres of government is             regions is harsh and subsidies are required in
weak, a problem that is exacerbated where                 many instances. However, very few proactive
organised local government is weak.                       steps have been taken to promote job creation,
   Relationships between district councils and            economic development, community upliftment,
provinces are not good, even where provincial             etc. A culture of entitlement is in danger of
district offices exist. It would seem that roles          being promoted.
and responsibilities are not clear. District coun-
cils and TLCs also communicate poorly, to the             5.8 Local government structures
extent where larger TLCs treat district councils          Local government structures are considered
with suspicion and contempt, resulting in a               extremely complex, onerous and multilayered.
waste of resources.                                       This perception undermines the delivery of ser-
   The ability of provinces to offer capacity and         vices. Local government–related structures are
to empower local government is not exploited              many, poorly understood and unwieldy, offi-
and often little support, other than financial, is        cials’ roles and functions are unclear, encourag-
given to lower spheres. District councils feel            ing duplication.
that considerable responsibility has been de-                There is often a mismatch between organisa-
volved on to them without the necessary con-              tional structures, strategy and capacity on the
comitant resources to assist a rural local gov-           one hand, and policy-making structures,
ernment.                                                  processes and objectives on the other. This
   While national departments supply training             results in little regard being shown to the DFA
manuals on some subjects (e.g. IDPs), these are           principles of development planning and insuffi-
not always available or are not easy to apply             cient and poor training accompanying IDPs and
without the necessary training.                           LDOs.
                                                             The coordination and management of deci-
5.5 Relationship with organised local                     sion making and implementation processes at
government                                                all levels of local government is often ham-
Organised local government should play a key              pered by a lack of resources.
role in training, however, it lacks the capacity
at present. As a result, organised local govern-          5.9 Administrative structures and systems
ment tends to concentrate on rural areas. TLCs            Administrative structures do not correspond to
are not necessarily better capacitated than rural         strategy and functions and hence staff are
local councils (RLCs).                                    unable to maintain clear job descriptions.
                                                          Dedicated programme and management support
5.6 Relationships with traditional leadership             for most local authorities is lacking, which
Traditional leadership still holds a strong posi-         leads to heavy reliance on provincial and
tion and there is currently a feeling that the            national levels of government. Internal opera-
institution is being undermined. If fears about           tions are hindered by inadequate capacity in
the future of traditional leadership are not              budgeting, planning, general finance and
allayed, implementation of the White Paper on             administration skills. In addition, because of
Local Government in rural areas is bound to               uncertainties concerning future configurations,
fail. The relationship between traditional lead-          local government structures cannot provide
ership, district councils and TRCs demands                staff with clear career paths.
attention as it is, with few exceptions, charac-
terised by mistrust and suspicion.                        5.10 Financial management
                                                          This is a key area requiring capacity building as
5.7 Dependence syndrome                                   almost all the small municipalities lack skills in
While this is difficult to verbalise and quantify,        this area of management. While some national
there is clearly still an attitude among some             programmes will assist, even the efforts of


                                                     17
Mogale

provincial government will not scratch the sur-         billing, bookkeeping, financial reporting and
face of the problem. Areas of financial manage-         the management and preparation of integrated
ment requiring attention are credit control,            budgets.




                                               ENDNOTES
1) Estimates of the Central Statistical Service,        4) The Constitution, Section 41 (1,g), 1996.
   1996.                                                5) These are: (a) Developmental local govern-
2) The White Paper on Local Government,                    ment; (b) Cooperative government; (c)
   March 1998.                                             Institutional system; (d) Political system;
3) Eastern Cape, Free State, Gauteng,                      (e) Administrative system; (f) Municipal
   KwaZulu-Natal, Mpumalanga, Northern                     finance; (g) Municipal transformation.
   Cape, Northern Province, North West,                 6) The White Paper on Local Government,
   Western Cape, Chapter 6, Section 103, the               March 1998, p88.
   Constitution, 1996.




                                              REFERENCES
BAGCHI, A. K. 2000. The past and the future of          NORTH-WEST DEPARTMENT OF LOCAL GOVERN-
 the developmental state. In Journal of World             MENT, HOUSING, PLANNING AND
 System Research, VI, 2, Summer/Fall.                     DEVELOPMENT. 1998. Annual Report.
MARAIS, HEIN. 1998. South Africa: Limits to             NORWELOGA WORKSHOP REPORT. April 1998.
 Change. London: Zed Books.                             RAMAILA, K. S. Speech entitled: The Role of
DEPARTMENT OF CONSTITUTIONAL DEVELOP-                     the District Council in Development.
 MENT. 1998. First draft. Policy Paper on                 Chairperson; Northern District Council.
 Regulatory Framework for Municipal Service             MINISTRY FOR PROVINCIAL AFFAIRS AND
 Partnerships.                                            CONSTITUTIONAL DEVELOPMENT. The White
LOCAL GOVERNMENT TRANSFORMATION                           Paper on Local Government.
 PROGRAMME. 3rd Draft, 3 August 1998.                   SOUTH AFRICAN LOCAL GOVERNMENT
NORTHERN DISTRICT COUNCIL. Information                    ASSOCIATION. 1998. Voice. August edition.
 Brochure, 1998.


                                                   18
                              Legislative Implications of the
                                        Demarcation Process


                                                                       Hilary Monare


INTRODUCTION                                            • More representative and focused political
Before 1994, municipal governance in South                structures that have significant powers
Africa was racially based and fragmented.                 (through the Municipal Structures Act).
There was much underdevelopment and gover-              • Better administrative systems allowing for
nance was control-oriented with non-account-              greater participatory democracy (through the
able administrations.                                     Municipal Systems Bill).
  The 1990–94 negotiations were decided on              • More equitable, efficient and effective finan-
three phases:                                             cial arrangements (through the Financial
• Pre-interim (1994–95): nominated councils               Management and Property Rating Bills).
  were established in areas where there were
  existing councils.                                    3. MUNICIPAL DEMARCATION PROCESS
• Interim (1995/6–2000): transitional munici-           The Municipal Demarcation Act requires the
  palities were elected, but on a “racial” base.        Board to:
• Democratic (2000–): a new municipal sys-              • cover the whole territory of South Africa
  tem was established and democratic elections             with municipalities and
  were held, based on the constitution.                 • consider a range of objectives and
                                                           factors dealing with social and economic
1. GOVERNANCE                                              functionality, viability and ability to deliver
South Africa is divided into three spheres of              services.
government:                                             Cognisance must be taken of “areas of tradi-
• national                                              tional rural communities”.
• provincial (9 provinces)
• local                                                 4. MUNICIPAL RATIONALISATION
In terms of local government, the constitution          The Board has decided that there will be:
allows for Category A municipalities. These             • 6 (Category A) metropolitan areas – Pretoria
are stand-alone municipalities which in South             and Durban have traditional authorities with-
Africa are metropolitan areas – i.e. single may-          in them
ors and administrations.                                • 47 (Category C) district municipalities – 30
   The rest of the country will be divided into           have traditional authorities within them
district municipalities (Category C) and local          • 232 (Category B) local municipalities – 114
municipalities (Category B.)                              have traditional authorities within them
                                                        • district management areas in 17 of the dis-
2. BROAD OBJECTIVES FOR                                   trict councils.
MUNICIPALITIES
• More functional economic, financial and               4.1 Category A (Metros)
  administrative bases (through the Municipal           In essence, these are the major economic cen-
  Demarcation Act).                                     tres of South Africa. Their contribution to the


                                                   19
Monare

 South Africa’s Metropolitans

                       Port Elizabeth    Cape Town        Durban     East Rand    Johannesburg Pretoria

 Area (km²)                  195             2499         2299           1924           1625         2198
 Households               22 591          653 076      646 918        543 063        733 984      431 197
 Population               96 977        2 563 612    2 751 193      2 026 807      2 639 110    1 682 701
 Density (population          49             1025         1196           1053           1623          765
 per km²)

gross geographic product (GGP) of each                       district management areas (DMAs) and pro-
province is great. The metros will be single                 portional representation.
administrations and political structures.                  • The 231 local municipalities will have coun-
                                                             cillors coming from wards and portional rep-
4.1.1 Contribution to GGP of provinces by                    resentation.
metros
• Port Elizabeth – 44%                                     4.4 District management areas (DMAs)
• Johannesburg – 37.4%                                     In areas where the Board believes municipali-
• Pretoria – 23.7%                                         ties cannot be established, it can declare that
• East Rand – 24.9%                                        area a district management area (DMA).
• Durban – 61.8%                                              Municipal services will then be provided by
• Cape Town – 72.6%                                        the district municipalities.
                                                              The Board has designated some DMAs, for
4.2 Cross-boundary municipalities                          example, desert and semi-desert areas and
The constitution allows for municipalities to              state-managed conservation areas (such as the
“straddle” provincial boundaries. There are a              Kruger National Park).
number of areas in South Africa where “white
towns” are in one province and “black town-                5. TRADITIONAL RURAL COMMUNITIES
ships/villages” are in another. In these cases –           The constitution requires elected municipalities
if the provincial legislatures and National                throughout South Africa. Traditional leaders
Assembly approve – cross-boundary municipal-               have, however, argued that in traditional areas,
ities (CBMs) may be established.                           the traditional authorities should be the munici-
   This has happened in a number of instances              palities. This has been discussed and deliberat-
such as Pretoria and the East Rand. In addition,           ed on and the President has responded by say-
there are cross-boundary district councils                 ing that, for now, the constitution is to remain
(CBDCs) in the North West/Northern Cape (2),               in place.
North West/Gauteng (1), Gauteng/Mpumalanga                   The President has, however:
(1), Northern Province/Mpumalanga (2).                     • increased the representation of traditional
                                                             leaders on municipalities (from 10% to 20%
4.2.1 CBMs in financial terms                                of elected councillors)
Examples:                                                  • identified ways in which governance can be
• Mothibastadt–Kuruman: Northern Cape side                   promoted through the cooperative gover-
  R2720 per household versus North-West                      nance involving traditional leaders and
  R333 per household.                                      • requested the Municipal Demarcation Board
• Kokstad–Mount Fletcher: KwaZulu-Natal                      (MDB) to re-look boundaries that might have
  R3073 per household versus Eastern Cape                    split traditional authority areas. The MDB
  R53 per household.                                         has done this, and many changes to accom-
Unfortunately, there will not be a CBDC across               modate this request by the President have
KwaZulu-Natal and Eastern Cape.                              been determined by the Board.

4.3 District municipalities                                5.1 Demarcating traditional rural
• The 47 district municipalities will consist of            communities
  councillors coming from local municipalities,            Some of the difficulties facing the Board in


                                                     20
                                                                                                  Monare

demarcating traditional rural communities                  resented on municipalities which extend over
include:                                                   areas larger than the traditional authorities. For
• No complete record of all recognised tradi-              example, for the first time ever, Pretoria and
  tional authority areas. In addition, not all tra-        Durban will have traditional authorities that will
  ditional authorities are properly and legally            be represented on the metropolitan councils.
  defined.
• Some traditional leaders argue that their area           6.3 MDB approach
  of jurisdiction extends beyond the proclaimed            As a general policy approach, the MDB has
  area.                                                    tried to ensure that outer boundaries of munici-
• A number of land claims have not yet been                palities do not divide traditional authorities.
  settled.                                                 (Problems include topography, inadequate legal
• Some traditional authorities comprise a num-             descriptions, de facto versus de jure authority.)
  ber of non-contiguous parcels of land.                      It should be noted, however, that independent
                                                           of demarcation, there are also local disputes
5.2 Traditional authorities                                over land which sometimes complicate reports
Traditional authorities presently recognised               on demarcation.
include:                                                      As a general rule, the Board believes that
• Eastern Cape – 186                                       areas of traditional rural communities cannot be
• Free State – 12                                          islands of poverty in a sea of development. The
• KwaZulu-Natal – 277                                      approach is therefore to incorporate “urban”
• Mpumalanga – 47                                          areas into traditional areas. This approach is,
• Northern Province – 189                                  however, more difficult to apply to ward
• North-West – 62                                          boundaries.
There are, however, discrepancies and some
traditional authorities are landless.                      CHALLENGE 1: MATCHING CAPACITY AND
                                                           DELIVERY NEEDS
6. DEVELOPMENTAL CHALLENGES                                In understanding financial capacity, the Board
6.1 Backlogs in service delivery in traditional            has examined:
areas                                                      • management structures
There are huge developmental challenges in                 • revenue base
areas of traditional rural communities.                    • liquidity
  The extent of all backlogs in water, electrici-          • efficiency.
ty, telephones and sanitation in traditional               In understanding administrative capacity, we
authority areas as a percentage of total provin-           must examine:
cial backlogs is as follows:                               • management
• Eastern Cape: 50–60%                                     • location of offices
• KwaZulu-Natal: 60–80%                                    • core support.
• Northern Province: 70–90%                                Clearly, there are great differences across the
• Mpumalanga: 40–60%                                       country between municipalities. Key strategic
• North-West: 40–60%                                       decisions must therefore be taken on how to
• Free State: 20–30%.                                      organise existing capacity as well as building
                                                           new capacity.
6.2 The land question
• Area covered by traditional authorities:                 CHALLENGE 2: FUNCTIONS AND POWERS
  68 944 km² (6%).                                         All municipalities have the constitutional and
• Area covered by MDB municipalities which                 legislative powers and functions assigned to
  have traditional authorities: 355 551 km²                them. It is clear, however, that in the short-term
  (29%).                                                   there will need to be temporary assignments of
• Area covered by no traditional authorities:              functions and powers to ensure that municipali-
  864 042 km² (71%).                                       ties continue to function.
In other words, the demarcation process has
increased the area over which traditional leaders          Powers and functions
will have influence, given that they will be rep-          Schedule 4 Part B


                                                      21
Monare

•   Air pollution
•   Building regulations                                  CHALLENGE 4: ORGANISATIONAL
•   Child care facilities                                 TRANSFORMATION
•   Electricity and gas reticulation                      The new municipalities will have to:
•   Fire fighting services                                • create an institutional structure
•   Local tourism                                         • appoint senior management
•   Municipal airports                                    • integrate and transform the municipalities’
•   Municipal planning                                      human resources, financial operations and
•   Municipal health service                                service delivery components
•   Municipal public transport                            • ensure there is an effective training and
•   Municipal public works                                  development component in place.
•   Pontoons, ferries, jetties, etc.
•   Storm water management                                CHALLENGE 5: ALIGNMENT OF GOVERNMENT
•   Trading regulations                                   BOUNDARIES
•   Water and sanitation services                         One of the challenges is to ensure all three
                                                          spheres of governance operate in a more inte-
Schedule 5 Part B                                         grated way. There must be an integrated
• Beaches and amusement facilities                        approach to the alignment of government
• Billboards /advertisements in public places             boundaries. National, provincial and local
• Cemeteries, etc.                                        spheres must operate as a single unit in critical
• Cleansing                                               areas such as water, sanitation and sewerage,
• Control of public nuisances                             transport and health.
• Liquor control
• Animals                                                 CHALLENGE 6: POLITICAL RESTRUCTURING
• Fencing and fences                                      The question of how ward committees will
• Licensing of dogs                                       work is important (empowerment through dele-
• Licensing, etc. for the selling food to the pub-        gations):
  lic                                                     • How will functions and powers be delegated?
• Local amenities                                         • What is the strategic orientation each munici-
• Local sport facilities                                    pality will adopt? This includes debates over
• Markets                                                   service delivery approaches and the like.
• Municipal abattoirs
• Municipal parks and recreation                          CHALLENGE 7: GOVERNANCE
• Municipal roads                                         The President’s response to traditional leaders
• Noise pollution                                         locates their contributions specifically in the
• Pounds                                                  broader area of governance.
• Public places                                             The influence of traditional communities has
• Refuse removal, refuse dumps, etc.                      been significantly broadened into the bases of
• Street trading                                          economic and political power through the
• Street lighting                                         demarcation process:
• Traffic and parking                                     • Eastern Cape: 22 municipalities will have
                                                            traditional authorities within their boundaries
CHALLENGE 3: INTEGRATED DEVELOPMENT                         and 17 with none.
PLANS                                                     • KwaZulu-Natal: 44 municipalities will have
Integrated development plans will become the                traditional authorities within their boundaries
defining developmental programmes for munic-                and 8 with none.
ipalities. Substantial work will have to be done          • Northern Province: 27 municipalities will
to ensure decisions are properly taken on:                  have traditional authorities within their
• what the municipal priorities will be                     boundaries and 8 with none.
• what the direction and nature of municipal              • Mpumalanga: 5 municipalities will have tra-
  growth will be                                            ditional authorities within their boundaries
• how developmental nodes should be integrat-               and 12 with none.
  ed.                                                     • Free State: 2 municipalities will have tradi-


                                                     22
                                                                                                  Monare

   tional authorities within their boundaries and         on municipalities (to 20%) means that most tra-
   18 with none.                                          ditional leaders will probably be represented on
• North-West: 14 municipalities will have tra-            at least one level of local government.
   ditional authorities within their boundaries              The question of the regulations required to be
   and 10 with none.                                      drafted by MECs dealing with roles and
• South Africa as a whole: 114 municipalities             responsibilities of traditional leaders on the
   will have traditional authorities within their         municipalities will further assist this coopera-
   boundaries and 118 with none.                          tive governance model.
The overlaps between municipal powers and
those of traditional leaders/authorities are simi-        CONCLUSION
lar in many ways to those between municipali-             Much still needs to be done to ensure that the
ties and the state and large-scale private land           human, financial and technical resources
owners. It must require effective conflict reso-          required in the transition (next two years) and
lution.                                                   transformation (next ten years) phases are ade-
   The Board strongly believes these matters              quately addressed. In addition, the allocations
can only be resolved through ensuring there is            of intergovernmental grants might well need to
cooperative governance                                    be restructured, particularly to assist in capacity
   Increased representation of traditional leaders        development.




  Eastern Cape




                                                     23
Monare


  Free State




 KwaZulu-Natal




                 24
                  Monare


North-West




Mpumalanga




             25
Monare


 Gauteng




 Western Cape




                26
                         Monare


Northern Cape




Northern Province




                    27
                             The Impact of the Demarcation
                                     Process on Traditional
                                                Leadership

                                                              Nkosi M B Mzimela


INTRODUCTION                                               al leadership guarantees a smoothly function-
The problems that face traditional leaders in              ing community and remains the custodian of its
respect of the implementation of local govern-             laws and traditions.
ment reform are wide, complex and multi-                      The establishment of municipalities will
faceted. Issues relating to the demarcation                obliterate an entire body of laws and customs
process are only some of many problems and                 held by traditional communities. In fact,
should not be considered in isolation. In the              municipalities may only recognise statutory
broader context we have a process of institu-              law and are legally prevented from applying
tional transformation aimed at transferring all            any form of indigenous law. Moreover, in
powers of governance in rural areas from tradi-            terms of the constitution and its accompanying
tional leaders to new municipalities that will be          legislation, municipalities will take over all the
established after the next local government                powers of local governance exercised by tradi-
elections. However, even this more compre-                 tional leaders up to now. No provision has been
hensive view does not begin to describe the                made for traditional leaders to continue to exer-
clash between traditional leaders and the estab-           cise any governance powers at all.
lishment of municipalities.
                                                           2. THE DEMARCATION PROCESS
1. POWERS OF GOVERNANCE                                    The demarcation process is the final step in a
In reality the issue at hand is not limited to cer-        process that completely ignores the role of tra-
tain powers that presently rest in the hands of            ditional leadership. In terms of the Demarca-
individual traditional leaders. What is at stake           tion Act, the boundaries of municipalities are
is an entire model of societal organisation,               not compelled to reflect the existing boundaries
shaped and regulated by a distinct body of                 of traditional communities. These existing
laws, customs and traditions. This model has               boundaries are but one of the many elements
specific features, such as communal ownership              which the Demarcation Board should take into
of land and consensus-driven procedures for its            account when deciding on boundaries for new
internal decision-making. It is also based on the          municipalities. In many instances, rural com-
segmentation of decision making through the                munity boundaries have been established after
different layers of its internal structure – from          centuries of conflict. Traditional leaders
the family unit all the way up to self-governing           requested that new municipal boundaries not be
traditional councils. Within this structure                allowed to split existing traditional communi-
African democracy is practiced so that deci-               ties or to group several communities together.
sions are made directly by those affected by               This request has been completely ignored, with
them, rather than by people elected once every             the result that several rural communities have
five years to represent the entire population on           been split into different municipalities and
the basis of a general mandate. Within this                many smaller communities have been amalga-
form of governance, the institution of tradition-          mated into larger municipalities.


                                                      29
Mzimela

   An additional complication is the ill-con-              their proposals, from the initial stages of dis-
ceived notion of establishing so-called unicities          cussion within the Constitutional Assembly and
in metropolitan areas. This decision, laid down            throughout the process of policy formulation
by the Municipal Structures Act, eliminates the            leading to the new local government dispensa-
possibility that a metropolitan area may be                tion. However, their proposals were never con-
organised as a two-tier model, with a metropol-            sidered and discussed, nor did they form the
itan municipality operating at regional level and          basis of any interaction. Even at this juncture –
various, potentially diverse, local municipalities         when their proposals have been delivered to the
operating as its substructures. Within this con-           President himself – traditional leaders are still
text, the inclusion of traditional communities             waiting for a date to be set so that discussions
into metropolitan areas becomes particularly               may be held. The President formally promised
pernicious to the survival of their traditions and         that this would happen before any municipali-
specific societal structures.                              ties are established in areas where traditional
                                                           leadership is an issue.
3. THE LACK OF DIVERSITY WITHIN MUNICIPAL                     The rural local government model proposed
STRUCTURES                                                 by traditional leaders is a simple one. Like the
A unified council cannot differentiate in the              one presently envisaged, it is a two-tier model
way it operates or in the laws it generates and            which comprises a municipality operating at
applies. Each region of its united and uniform             regional level, exercising functions of regional
territory is treated equally, regardless of differ-        planning, coordination and budgetary redistrib-
ing needs and traditions. This approach will               ution over a territory comprised of several
create enormous conflict ranging from simple               autonomous substructures. However, as pro-
but important matters – such as the imposition             posed by traditional leaders, these substructures
of levies for services – to more complex and               would not all be municipalities. Allowance
long-term dilemmas – such as public participa-             would be made for the existence of traditional
tion in local planning and zoning. In many                 authorities where traditional communities
areas people quite rightly regard their land as            already exist. In this context the existing tradi-
being under the direct administration of the               tional authorities would be allowed to continue
people who live on it and their traditional repre-         to function in terms of indigenous law and tra-
sentatives – the traditional leaders. Matters              ditions. As proposed by this two-tier model, the
such as communal land ownership or decision                constitutional requirement of wall-to-wall
making cannot even begin to register within the            municipalities would be complied with through
context of metropolitan administration.                    the establishment of municipalities at regional
   Those rural areas that are not forcibly includ-         level. Simultaneously, local governance could
ed within metropolitan areas will suffer from              continue to benefit from the presence of tradi-
similar short- and long-term conflicts due to the          tional authorities and the preservation of the
introduction of the municipal system. Munici-              traditional model of societal organisation.
palities are required to operate on the basis of              This model would offer the best chance of
uniform models dictated by national legislation.           success for the new local government dispensa-
They must treat urban and rural areas alike,               tion in rural areas. In fact, it would utilise and
despite minor differences allowed for in terms             boost existing structures, such as traditional
of the Municipal Systems Act. This absurdity               authorities, finally providing them with the
extends from the way such municipalities deter-            administrative, financial and logistical capacity
mine and exact levies, to how they administer              which they have lacked in the past. If one con-
land development procedures and zoning mat-                siders how much traditional authorities have
ters.                                                      already achieved with almost no resources, one
                                                           can easily imagine how much they could do if
4. PROPOSAL FOR A NEW LOCAL                                properly equipped.
GOVERNMENT MODEL
Traditional leaders have actively participated in          CONCLUSION
proposing a new model of local government                  Traditional leaders have always expressed the
that would combine both traditional and munic-             view that the most important consideration in
ipal structures. They have consistently offered            the present debate remains that of the social and


                                                      30
                                                                                                 Mzimela

economic development of traditional communi-               half their members are elected. However,
ties. The establishment of municipalities will             instead of allowing the evolution of traditional
cause widespread disintegration of the existing            leadership, the present local government reform
social fabric of such communities, thereby pre-            transforms it out of existence. The only role
venting the very conditions in which such                  that traditional leaders will be permitted to play
development may take place. It will also oblit-            in the governance of their communities will be
erate existing and valuable structures such as             the entitlement of some, but not all, to serve as
traditional authorities, thereby hindering devel-          ex-officio members of municipal councils.
opment.                                                       This privilege is, however, bestowed with no
   Traditional leaders are committed to social             voting rights, placing these traditional leaders
development and economic upliftment and                    in a position lower than that of any other coun-
intend to utilise all available resources to that          cillor and just one step above an ordinary mem-
purpose. Traditional leaders realise and accept            ber of the public. Traditional leaders will effec-
that the institution of traditional leadership             tively be transformed into mere ceremonial fig-
must evolve with a rapidly changing society.               ures. Their communities will be forever
   Traditional leadership, like any other part             deprived of the contribution that they and their
of our society, cannot remain static. For this             structures can, and must, provide in the struggle
reason, in their proposals to the President, tradi-        for development and upliftment. This planned
tional leaders made the submission that tradi-             course of events is unacceptable, wrong and
tional authorities could be reconstituted so that          counterproductive.




                                                      31
                    The Impact of Legislative Changes
                          on Educating the Electorate:
                                   The IEC Perspective

                                                                 Edward Lambani


INTRODUCTION                                            that they will have to present themselves in
Legislative reform has been inevitable since the        person at the voting station in the voting dis-
adoption of the new South African constitution.         trict where they are registered. Voters should
The 2 June 1999 election was governed by the            also be informed that voting takes place on a
Electoral Act of 1998. This Act primarily dealt         single day and that voting hours will be
with the registration of voters and the election        between 7 am and 9 pm.
of the National Assembly and the provincial
legislatures. It was necessary for new legisla-         3. BALLOT PAPERS AND CANDIDATE
tion to be drafted to facilitate the December           NOMINATION
2000 local government elections. The Local              The Local Government: Municipal Structures
Government: Municipal Electoral Act was                 Act provides for a new electoral system. The
passed by Parliament during July 2000. New              number of ballot papers a voter will receive
regulations were also published in terms of the         depends on the area in which he/she lives, i.e.
Act.                                                    under a metropolitan or a local council. A voter
                                                        living in the area of a metropolitan council will
1. REDUCTION IN THE NUMBER OF                           receive two ballot papers: one ballot paper to
MUNICIPALITIES                                          vote for a ward candidate; and one ballot paper
Voters need to be informed of the role of the           to vote for a political party in the proportional
Demarcation Board in re-determining all                 representation election.
municipal boundaries in South Africa. As a                 A ward candidate could be either an indepen-
result of the demarcation process, municipal            dent ward candidate or a ward candidate repre-
councils have been drastically reduced in num-          senting a registered political party. All parties
ber from 843 to 284. Municipal councils will            will be required to register as a political party
be expected to develop an integrated develop-           with the Independent Electoral Commission
ment plan to enhance service delivery. Coun-            (IEC). Ratepayers’ associations and other com-
cils will also need to exercise strict financial        munity-based organisations contesting the elec-
control of their respective budgets.                    tions will therefore, for purposes of the Act, be
                                                        regarded as political parties, even though they
2. SPECIAL VOTES                                        may not have a political agenda as such.
The adoption of new legislation makes it nec-              A voter living in a local council with wards
essary to educate the electorate with regard to         will receive three ballot papers: one ballot
their rights and obligations. Voters should be          paper to vote for a ward candidate; a second
made aware that the new Municipal Electoral             ballot paper to vote for a political party in the
Act does not provide for any special votes.             proportional representation election; and a third
There will be no provision for tendered ballots         ballot paper to vote for a political party which
and declaration votes, as existed with the June         will be represented on the district council for
1999 elections. It is important that voters know        the area in which the local council is situated.


                                                   33
Lambani

   The Act also provides regulations for the                documents and different deposits to be paid by
nomination of candidates. A candidate may                   means of bank guaranteed cheques. The
either be nominated by a political party or by a            amount to be deposited will depend on the
registered voter. The “voter” in this instance              category of municipality which is being con-
must be an ordinary resident whose name                     tested.
appears on the municipal segment of the voters’
roll for that municipality. Independent candi-              5. CONSTITUTIONAL PROVISIONS FOR
dates also need to obtain 50 signatures of eligi-           MEMBERSHIP OF COUNCILS
ble voters registered on the segment of the vot-            Section 158 of the constitution deals with the
ers’ roll in any voting district falling within that        membership of municipal councils. A person
ward.                                                       who has been declared of unsound mind by a
                                                            competent court, an un-rehabilitated insolvent
4. VOTER EDUCATION PROGRAMME AND                            or a person who has been convicted and sen-
PARTIES CONTESTING ELECTIONS                                tenced to 12 months’ imprisonment without the
Voter education becomes critical when dealing               option of a fine during the past five years, is not
with such a complex electoral system. The                   eligible to be a member of a municipal council.
voter education programme does not, however,                A member of the National Assembly, the
only relate to the electorate, but also to political        National Council of Provinces or a provincial
parties. Parties should know how to register as             legislature is also not eligible to be a member
political parties, how to submit party lists and            of a municipal council. They may, however, be
how these lists should be compiled. The Act                 candidates in a municipal election. Should
also requires certain documentation to be sub-              these candidates be elected, section 47 of the
mitted to the IEC when a party intends to con-              constitution provides that such a person will
test an election, i.e. a notice of intention to con-        automatically, through the operation of the law,
test the election, an acceptance of nomination              lose his/her membership in the National
by each candidate whose name appears on the                 Assembly, the National Council of Provinces or
party list, copies of the candidates’ identity              the provincial legislature.




                                                       34
 Conflict Management Mechanisms for the
          2000 Local Government Elections


                                                                         Louise Olivier


INTRODUCTION                                             flict will be resolved through the conflict man-
The Conflict Management Programme was                    agement structures.
initiated by the Independent Electoral
Commission (IEC) to provide strategic inter-             2. WHAT CONFLICT MANAGEMENT
vention in electoral disputes that may arise             MECHANISMS ARE IN PLACE FOR THE LOCAL
prior to, during or after the 5 December 2000            GOVERNMENT ELECTIONS?
local government elections. The programme is             Each provincial IEC office has appointed a
coordinated nationally by the legal services             conflict management coordinator tasked with
department at the Commission’s head office               managing the programme at provincial level.
and is implemented provincially and munici-              The coordinator will be employed until after
pally by the provincial and municipal IEC                the elections. The coordinator’s duties include
offices. The Electoral Institute of Southern             the appointments of provincial panelists to
Africa assists the programme through adminis-            intervene in dispute situations. The provincial
trative and financial management, the develop-           panelists are people skilled in conflict resolu-
ment of training materials and the training of           tion; in most provinces the panelists are either
panelists.                                               lawyers or priests. They receive training on the
                                                         relevant legislation and regulations pertaining
1. BACKGROUND TO THE CONFLICT                            to local government elections. Panelists are
MANAGEMENT PROGRAMME                                     deployed by the provincial coordinator to
A similar programme was in effect for the 1999           resolve disputes through conciliation, media-
national and provincial elections. During 1999,          tion or arbitration and are paid a certain fee per
over 1000 cases were resolved by mediators               intervention.
through conciliation and mediation. Approxim-               Panelists have also been appointed at munici-
ately 60% of the reported conflicts originated           pal level. One person from each municipal
from KwaZulu-Natal, followed by the Eastern              electoral office has been trained to intervene in
Cape and Gauteng. Most of the disputes                   municipal disputes. The provincial coordinator
occurred between political parties and                   decides whether to deploy a provincial or
consisted of complaints concerning political             municipal panelist, depending on the nature
intimidation, “no-go” areas and the destruction          and location of the conflict.
of political material, e.g. campaign posters.               Reports of potential or actual conflict are
  The Electoral Commission Act of 1996 pro-              received from the public, political parties, civil
vides for the establishment of an Electoral              society organisations, monitoring agencies and
Court which has jurisdiction over electoral              the security services. All reports are channelled
matters taken on review or appeal from the               to the provincial coordinator for action. The co-
Electoral Commission. The Electoral Court                ordinator liaises closely with the provincial
was not utilised during the 1999 elections. It is        security services if a police investigation is
hoped that any local government electoral con-           required. Resolution of the conflict is reported


                                                    35
Olivier

to the department of Legal Services at the IEC           to pledge publicly their adherence to the
head office.                                             Electoral Commission’s Code of Conduct. The
                                                         Local Government: Municipal Structures Act
CONCLUSION                                               requires that all political parties contesting the
The Conflict Management Programme aims to                elections and all ward candidates comply with
be proactive by encouraging all political parties        the Electoral Code of Conduct.




                                                    36
                                Gender Equality in the Sphere
                                       of Local Government*


                                                                                     Glenda Fick


INTRODUCTION                                               ment responsibilities. The next phase, the inter-
South Africa’s foundational values include the             im phase, commenced with the first local gov-
achievement of equality, the advancement of                ernment elections in 1995 and 1996. The third
human rights and freedom, non-racialism and                and final phase to be regulated by new legisla-
non-sexism. These values, and others, must                 tion has not yet started. It is worth noting that
permeate all legislation and state conduct in              although the transformation of local govern-
national, provincial and local government. The             ment commenced before that of national and
concept of equality is widely contested and yet            provincial government, the process of its trans-
it is listed as a basic human right in the Bill of         formation has been protracted and complex,
Rights and is considered a constitutional value.           and is as yet incomplete.
   While recognising the importance of equality               Chapter 7 of the constitution addresses local
in national and provincial government, the                 government in South Africa. The constitution
importance of the right to equality and its role           states that local government must be established
in transforming local government spheres must              for every region of the entire country. Three
be emphasised. The social and political circum-            categories of municipality are envisaged: firstly,
stances that pertain to women as a group and               Category A municipalities (metropolitan coun-
the implications of these circumstances for                cils) which will have exclusive municipal exec-
gender equality, deserve special recognition.              utive and legislative authority in certain areas;
This paper will argue that the disadvantages               secondly, Category B municipalities (non-met-
experienced by women as a result of inequality             ropolitan local councils) which will share
should be addressed by local government struc-             municipal executive and legislative authority in
tures. It is the author’s opinion that the success-        an area with a category C municipality within
ful attainment of local government goals will              which it is located. The majority of the estimat-
not be achieved unless the inequality of women             ed 300 new municipalities will be non-metro-
is recognised and addressed. Participation of              politan councils. Finally, Category C municipal-
women in local government in South Africa                  ities (district councils) are envisaged which will
will also be discussed.                                    have municipal executive and legislative
                                                           authority in more than one municipality.
1. LOCAL GOVERNMENT AND ITS OBJECTIVES                        The objectives of local government as set out
The Local Government Transition Act 209 of                 in the constitution are as follows:
1993 provided the framework for the 1995/                  • The provision of democratic, accountable
1996 local government elections in South                      government for local communities.
Africa. This Act identified three phases to local          • The provision of sustainable services to com-
government restructuring. The first, or pre-                  munities.
interim phase, was the phase during which
                                                           * This paper is a shortened version of an article “The
negotiating forums were established to appoint               Importance of Equality to the Sphere of Local
temporary councils to carry out local govern-                Government” in 2000 (45) Agenda (forthcoming).



                                                      37
Fick

• The promotion of social and economic devel-             facilities, municipal health services, cleansing,
   opment.                                                refuse removal and refuse dumps, electricity
• A safe and healthy environment.                         and gas reticulation and water and sanitation
• To encourage the involvement of communi-                services. The latter are limited to potable water
   ties and community organisations in local              supply systems and domestic waste and sewer-
   government matters.                                    age disposal systems (Parts B of Schedules 4
The successful attainment of these objectives             and 5 of the constitution). A municipality is
ought to result in the transformation of local            also empowered by the constitution to make
government so that power and resources are                and enforce by-laws for the effective imple-
redistributed to disadvantaged groups. An                 mentation of service delivery. According to
important purpose of this transformation should           these constitutional provisions, it is likely that
be to eradicate the inequality and disadvantages          national and provincial legislatures will pass
experienced by women in society.                          framework legislation on matters of local gov-
   The fulfilment of constitutional objectives,           ernment. The details of such legislation will be
together with the delivery of basic services, is a        developed and enhanced by municipal legisla-
challenge for municipalities across South                 tive, executive and administrative structures.
Africa. At local government level the gross dis-             In the delivery of basic services, local gov-
parities in South African society are starkly             ernment structures need to be firmly committed
noticeable between rural and urban areas, and             to a substantive understanding of equality. With
between townships and suburbs. Attention to               regard to gender, giving effect to substantive
these disparities often takes race into account,          equality would require an assessment of the
but not gender.                                           social, political and economic positions of
   Gender considerations raise at least three             women and men in society. An assessment of
challenges for local government. First, local             this kind would reveal an imbalance of power
government needs to ensure that women                     between women and men brought about by
become part of the wider concept of gover-                socio-economic and political disparities. In
nance. Second, the delivery of services needs to          striving to achieve local government objectives,
take account of the specific needs and concerns           municipalities must, within their financial and
of women in the communities in which they                 administrative capacity – and in the interests of
live. Third is the need to create an awareness of         the broader South African society – address the
gender equality and its implications within               socio-economic and political disadvantages that
society (Gender Advocacy Programme [GAP]                  face women.
Seminar Report, 1997:9).                                     Municipalities will firstly be required to
   A critical aspect of the challenge faced by all        interpret the right to equality for remedial mea-
municipalities is that they must address dispari-         sures to be effective. They must regard the pur-
ties in infrastructure and sustainable service            pose of this right as one aimed at protecting and
delivery, despite limited financial resources. At         advancing those groups who suffer social,
the same time, municipalities need to effect              political and legal disadvantage in our society
social and economic development. Like all                 (Albertyn and Goldblatt, 1998: 253). When
other organs of state, municipalities are bound           interpreting the right to equality in this light,
by the Bill of Rights. Constitutionally guaran-           attention ought to be drawn to women in soci-
teed socio-economic rights, including the rights          ety. Once municipalities recognise the disad-
to water, health care, social security and a              vantaged status of women, they should, in
clean, safe environment, will therefore require           accordance with s9(2) of the constitution, intro-
special attention.                                        duce the necessary legislative, executive and
   Approximately 300 municipalities are to be             other measures which will protect or advance
established after the 2000 local government               women as a category of persons who have been
elections. The sustainable and effective deliv-           disadvantaged by unfair discrimination.
ery of services is expected of these municipali-             It will also be argued later, that similar posi-
ties by communities of varying sizes around               tive measures need to be introduced by political
South Africa. In terms of the constitution, a             parties in addressing greater representation of
municipality has executive and administrative             women in local government legislative bodies.
power in respect of matters including childcare           The precise nature and details of the necessary


                                                     38
                                                                                                      Fick

gender planning falls beyond the scope of this               Usually accompanying the role of child-care,
paper, but an important starting point would be           as outlined by Justice O’ Regan, are all the
the recognition of the inequality experienced by          other family responsibilities such as care of the
women in society.                                         elderly and sick as well as other work closely
                                                          associated with the home. Apart from reproduc-
2. WOMEN’S INEQUALITY IN SOCIETY                          tive work, women also bear the responsibility
An analysis that examines the position of men             of productive, income-earning work either in
and women in society is necessary to determine            the formal or informal sector. Women are, in
the importance of gender within the context of            addition, expected to participate actively in
local government. Feminist scholars have                  community work involving both women and
emphasised the importance of a substantive                men in the organisation of community events
concept of equality. An understanding of sub-             and activities, including political activities. An
stantive equality recognises that women (and              important distinction must be drawn between
other groups) are subject to inequality which is          the highly valued community politics per-
deeply embedded in the way society is organ-              formed by men and the undervalued manage-
ised (Albertyn and Goldblatt,1998: 252). This             ment of the community undertaken by women.
systemic inequality, exacerbated by stereotyp-               Women often receive little or no remunera-
ing, is deeply rooted in the structure of society         tion for the work which society assigns them
and “requires an examination of the individual            and are therefore more socio-economically vul-
in the context of her group and social and eco-           nerable than men.
nomic conditions” (Albertyn and Goldblatt,                   Shvedova, writing about the “feminisation of
1998: 252).                                               poverty”, notes firstly that women comprise
   Women in South Africa are not a homoge-                31% of the total official labour force in indus-
neous group. They differ in race, class, geo-             trially developed countries and 46.7% world-
graphical location (urban and rural) and by               wide, and secondly that there has been a rever-
being mothers or not . However women, irre-               sal in the long-term trend of women entering
spective of race, class or location, are generally        the workforce (1998:30). She observes that, for
the primary caregivers in South African soci-             the first time in more than 25 years, the 1990s
ety.                                                      saw a drop in women’s labour force participa-
   Our society is structured so that women’s              tion rates. At the same time, in the majority of
ability to bear children almost always brings             countries, women’s unpaid labour activity is
with it the responsibility of being their primary         twice that of men (Shvedova, 1998:30).
caregiver. Justice O’ Regan stated:                       According to Baden et al (1998) writing on
     “The responsibility borne by mothers for             South Africa, women form a higher percentage
     the care of children is a major cause of             of unemployed persons than men in all race
     inequality in society ... . Many women rear          groups, in both rural and urban locations. They
     children single-handedly with no help,               argue that with the high levels of unemploy-
     financial or otherwise, from the fathers of          ment, insecure land rights and financial depen-
     the children ... However, the responsibility         dence on men, women are particularly vulnera-
     for child rearing is one of the factors that         ble to poverty. These authors report that 48.2%
     renders women less successful in the labour          of adult women over the age of 15 years and
     market. The unequal division of labour               43.7% of adult men in the same age group, face
     between fathers and mothers is therefore a           the risk of poverty. Furthermore, 69.9% of
     primary source of women’s disadvantage in            adult women who are African and 64.3% of
     our society (President of the Republic of            adult African men face the risk of poverty.
     South Africa v Hugo 1997, para 110).                 They also point out that conventional measures
In the seminar report on the White Paper on               of poverty do not value or take into account
Local Government and Gender, the GAP iden-                women’s unpaid labour as an indicator of, or
tified three forms of work which society                  factor linked to, poverty (Baden et al, 1998). It
assigns to women. By dividing labour between              could therefore be concluded that women are
men and women, women are assigned repro-                  socio-economically more disadvantaged than
ductive work, productive work and community               conventional poverty indicators would have us
work.                                                     believe. Liebenberg (1999) writes:


                                                     39
Fick

     “Poverty and socio-economic disadvantage              through the exercise of civil and political rights,
     affect women disproportionately. Women                but through the guarantee of socio-economic
     are also most affected by a lack of basic ser-        rights. If women are to participate fully and
     vices. It is generally poor women who bear            effectively in democratic processes, they must
     the primary responsibility for collecting             be guaranteed access to services that satisfy
     water and fuel for household needs, ensur-            their basic human needs. According to
     ing that children are clothed, fed and                Liebenberg:
     receive a basic education and attempting to                “Although [individuals] may cast their vote
     meet the health needs of the family”                       once every five years, they are effectively
     (1999:60).                                                 marginalised from real political, economic
Apart from the systemic obstacles which                         and social power. This in turn perpetuates
women encounter, certain perceptions about                      their disadvantaged socio-economic status
women and gender stereotyping compound                          as they are unable to exert political influ-
their socio-economic vulnerability. Cultural                    ence necessary to improving conditions of
and traditional stereotypes regard women first                  life” (1999: 59).
and foremost as wives (often housewives) and               As stated earlier, one of the goals of local gov-
mothers.                                                   ernment is to provide democratic and account-
   As a consequence of traditional stereotypes,            able government for local communities. A
women find themselves unable to move out of                democratic government is elected by its citizens
the private sphere of home and family into the             (women and men) and its legitimacy is founded
public realm of productive work and politics. It           on the will or consent of such citizens.
is in this realm that women have greater oppor-            Women’s political participation must therefore
tunity of “[realising] their full human potential          be guaranteed. Furthermore, a democratic gov-
within positive social and [political] relations”          ernment is required to be representative of all
(Albertyn and Goldblatt, 1998: 249) and of                 citizens and their interests. It is also required to
improving the quality of their lives.                      respond to citizens, and to justify or explain the
   Women’s economic productivity, facilitated              extent to which their interests are being taken
by the effective delivery of services, will                into account. Accountability, responsiveness
enhance the opportunity for their socio-eco-               and openness are foundational values to which
nomic development and the development of                   all spheres of government in South Africa must
their full human potential. Greater economic               see themselves as being bound. Important ques-
opportunities for many women will reduce, but              tions to consider are: what legislative structures
not eradicate, their financial dependence on               will be put in place after the 2000 local govern-
men, since “a woman’s average wage is equal                ment elections? To what extent, if any, do they
to 75% of a man’s average wage” (Shvedova,                 allow for the representation of women and their
1998: 31). This gender-related gap in earning is           interests?
registered all over the world.
   Socio-economic empowerment of women                     3. LOCAL GOVERNMENT STRUCTURES
would be an important factor in reducing male              ESTABLISHED BY THE MUNICIPAL STRUCTURES
domination in the context of the family and                ACT 117 OF 1998
society. Once this occurs, women will have the             The constitution and the Local Government:
opportunity of enjoying full social citizenship,           Municipal Structures Act 117 of 1998 (the
as advocated by Walby (1994) who writes:                   Municipal Structures Act) provide for a system
     “The male-dominated family-household is               that allows for semi-proportional representa-
     incompatible with full citizenship. Social            tion. This type of semi-proportional system is
     citizenship for women is incompatible with,           often favoured in new democracies, since it is
     and unobtainable, under women’s confine-              seen to provide the benefit of a wide represen-
     ment to the family and the vagaries of a              tation of parties that accompanies voting by
     dependency relationship upon a private                proportional representation. In addition, it per-
     patriarch” (1994:391).                                mits the benefit of direct accountability inher-
Social citizenship allows for an individual’s full         ent to a system of direct voting in wards.
participation in the democratic activities of                 According to the Act, the number of ward
society. Such participation is achieved not only           councillors in a metropolitan or local council


                                                      40
                                                                                                        Fick

must be equal to 50% of the number of council-                To what extent does the Act ensure the par-
lors for a particular municipality. The Act                ticipation of women in elected municipal bod-
changes the electoral system relied on in the              ies?
1995/96 local government elections from one
based on 60% ward representation and 40%                   4. WOMEN’S PARTICIPATION IN LOCAL
proportional representation, to one based on               GOVERNMENT
50% ward and proportional representation. It               In South Africa, political rights, through uni-
provides that a metro council, and a local coun-           versal suffrage, are guaranteed to all citizens,
cil with wards, must be elected according to a             women and men. Citizenship may be regarded
system of proportional representation from                 as the starting-point for the acquisition of polit-
party lists and direct representation from wards.          ical rights which guarantee participation in an
In an election for a metropolitan or local coun-           election. Regular, free and fair elections of
cil with wards, each registered voter will have            national, provincial and local legislative bodies
two votes, one for a party, by proportional rep-           are an important feature of democracy. Political
resentation, and one for a ward candidate.                 rights include the right to vote and to stand for
   If a local council has no wards, all the coun-          election to public office.
cillors must be elected from the party lists                  A commitment to social citizenship and sub-
according to a system of proportional represen-            stantive equality, as discussed above, should
tation. In an election for a local council that has        ensure that women have the scope for exercis-
no wards, each registered voter has two votes,             ing their political rights. Exercising the right to
one for the local council and one for the district         vote and to stand for public office is conducive
council. If a local council has wards, council-            to women’s participation and representation in
lors must be elected from the party list accord-           national, provincial and local government.
ing to a system of proportional representation                Legislature provides an opportunity for
and direct representation for the wards.                   women to participate and deliberate on issues
   It is important to note that district councils          of significance to them. An electoral system is
may comprise representatives elected from                  one avenue through which political representa-
party lists by registered voters in local councils,        tion is gained. There is a body of literature that
with or without wards and voters registered in a           indicates that elections by proportional repre-
district management area. Sparsely populated               sentation (a feature of the 2000 local govern-
or mountainous areas and game parks would be               ment elections) are advantageous to women.
classified as district management areas. If a              South Africa and Moçambique are among the
voter is registered in a local council with wards,         three countries in the Southern African
she will have a third vote in respect of a propor-         Development Community (SADC) with the
tional representation election of the district             highest parliamentary representation of women.
council in which area the local council (with              Both these countries have adopted a system of
wards) is located. Registered voters in district           proportional representation. It is worth noting
management areas will have two votes: one for              that:
the representative in the district management                  “[o]f the ten highest-ranking countries in
area, and one for the district council.                        terms of women’s representation, all utilise
   District councils will have 60% of their seats              proportional representation electoral sys-
allocated to proportional representation candi-                tems. Single-member district majoritarian
dates from the district management areas and                   systems have consistently proven to be the
representatives elected to the district council                worst possible system for women”
from the local councils. Furthermore, the                      (Matland, 1998: 83).
Municipal Structures Act contemplates that                 “First-past-the-post” constituency-based elec-
local council elections will take place first, and         toral systems prove disadvantageous to women
thereafter representatives from these councils,            candidates. They are often unable to break
in an internal election, will be nominated and             through the electorate’s stereotyping of women
elected to the district council. The remaining             in certain roles that do not accommodate
40% of the seats will be allocated to those pro-           women as political leaders.
portional representation candidates voted on to               After employing a closed-list system of pro-
the district council by registered voters.                 portional representation in the 1999 election of


                                                      41
Fick

the national and provincial legislatures, women           to find common ground among South African
remain under-represented in these bodies.                 women. Notably, Hassim writes:
Women occupy only 29.75% (119 out of 400)                     “[a]t times, the intersection of interests of
seats in the National Assembly. As in 1994, this              different women ... can create a constituen-
situation is largely due to the implementation of             cy of women who are able to hold political
the African National Congress’s (ANC’s) gen-                  leaders accountable to their rhetorical com-
der policy.                                                   mitments to gender equality” (Hassim,
   After the last local government elections                  1999:13).
which allowed for both proportional and direct            Women need to have the political space to
representation, women were elected to 19.04%              ensure that government policies give effect to
of councillor positions (or 1220 out of 6408              the right to equality and implement genuine
seats). This percentage is considerably below             change at local government level.
the critical minority of women necessary to                  Arguably, there was a degree of recognition
bring sufficient pressure to bear upon the politi-        of the need for women’s representation when
cal process in a legislature.                             Parliament passed the Local Government:
   Women held 28.20% (or 862 out of 3024) of              Municipal Structures Act 117 of 1998.
the proportional seats, and 10.87% (or 368 out            According to this Act, certain types of category
of 3384) of the ward seats (Chan,1996:3).                 A and B municipalities with wards may have
These results were achieved in an election in             ward committees. If a metro or local council
which, with the exception of the ANC, none of             decides to adopt ward committees, it is required
the other political parties nominated candidates          to establish a committee for each ward in the
in accordance with any formal policy on gender            municipality. The metro or local council must
(Chan,1996:4). In terms of its gender policy,             implement rules regulating the procedure to
the ANC advanced women candidates in elec-                elect the members of a ward committee, taking
tions to be contested by proportional represen-           into account the need for women and a diversi-
tation. It is reported that in the last local gov-        ty of interests, to be equitably represented on
ernment elections, women ANC councillors                  such a committee. This somewhat tentative step
won a total of 911 seats (Chan, 1996:4). Of               towards giving effect to women’s representa-
these, 717 were proportional representation               tion in local government is not enough in a
seats. The ANC won a total of 1965 seats:                 society in which the following observations and
women held 36.5% of these (Chan, 1996:4).                 questions, asked by Carla Ackerman, remain
   Disregarding the numbers, women’s repre-               poignant:
sentation is a complex matter. It is correct to               “Women attend meetings, they are involved
say that “it is not self-evident that only women              in the development of matters of their com-
can represent women’s interests” (Hassim,                     munities, and they participate in determin-
1999: 13). However, women’s representation is                 ing the way forward. But is this really the
important to dilute the male dominance of the                 case? How many of these women were
public realm. One way in which this can be                    nominated as candidates during the
done is to formulate an agenda that reflects                  previous local government elections? How
those political issues which are of significance              many of these women were offered the
to women. Considering the matters to be                       opportunity of representing their communi-
addressed at local government level, these are                ty in council? To what extent is their grass-
not likely to be abstract issues, but ones which              roots community involvement superseded
pertain to the social and economic development                by official representation by men on the
of women and the improvement of their living                  candidate rolls of political parties and in the
conditions and, more broadly, of society.                     council chamber?” [Emphasis added]
   A legislative and executive programme that                 (2000:4).
addresses basic service provision – i.e. child-           The problem of women’s under-representation
care facilities, municipal health services,               in legislative bodies and other decision-making
cleansing, refuse removal and dumps, electrici-           structures should be addressed by the introduc-
ty and water and sanitation services – from the           tion of gender quotas.
perspective of seeking to improve the unequal                During last year it was observed that:
and disadvantaged position of women, is likely                “[a]vailable figures suggest that unless


                                                     42
                                                                                                       Fick

    SADC countries retain and/or adopt special                 per cent of the candidates on the party list
    measures, the target of 30% of women in                    are women and that women and men candi-
    decision making by the year 2005, and of                   dates are evenly distributed through the list”
    gender parity thereafter will not be                       (Item 11, sub-item 3 of Schedule 1 to the
    achieved” (Programme of Action for                         Municipal Structures Act) [Emphasis
    Women in Politics and Decision Making in                   added].
    SADC, 1999:6) [Emphasis original].                     As discussed above, there is no statutory gender
A quota system is one such special measure,                quota provided for in the local government
aimed at achieving equality for women, to be               elections to take place in South Africa later this
applied over a period of time until the systemic           year. The introduction of a gender quota will
obstacles to their participation in politics have          once again be at the discretion of political par-
been removed.                                              ties.
   An important reason behind adopting a quota
system “is to recruit women into political posi-           CONCLUSION
tions and to ensure that women are not isolated            Local government is the sphere of government
in political life” (Dahlerup, 1998:92). Quota              “closest to the people” and councillors have the
systems also ensure that women constitute at               opportunity of engaging with and responding to
least a “critical minority of 30 to 40 per cent” in        their constituencies closely in relatively small
a legislative body (Dahlerup,1998).                        areas. They are therefore better positioned to
   In South Africa, gender activists recommend-            assess the environmental conditions of the citi-
ed that a quota system be introduced to political          zens to whom they are accountable and to
party lists to increase the numerical representa-          embark upon programmes of social and eco-
tion of women at political level. This recom-              nomic upliftment and development. Unfortun-
mendation was accompanied by a further                     ately, local government, like national and
recommendation that candidates support pro-                provincial government, is still predominantly a
grammes to enhance qualitative participation of            male domain.
women, simultaneous to the introduction of a                  The tendency in politics is frequently to over-
quota system. Programmes should encompass                  look gender in favour of race and class.
information or education; training and capacity            Municipal councils (like their counterparts in
building; public education and awareness rais-             national and provincial spheres) must ensure
ing and financial support for independent                  that all remedial measures for addressing
women candidates (GAP Seminar Report                       inequality must attach equal significance to
1997, 39).                                                 race, class and gender.
   In South Africa’s 2000 local government                    Local government structures, while pursuing
elections, elections by proportional representa-           their objectives, exercising their powers and
tion will rely on a system of closed lists. The            performing their functions, are particularly well
number of candidates on a list submitted by a              positioned to address the systemic inequality
party is not to exceed twice the number of seats           experienced by women. Municipalities should,
in the metro or local council to be filled from            in pursuing their objectives, address the posi-
party lists. The lists are to contain the names of         tion of women and their disadvantaged status in
candidates in order of the party’s preference              society brought about by the unequal division
from first to last. Every party must seek to               of labour between men and women.
ensure that women and men candidates are                      Social citizenship is advocated as a means to
evenly distributed throughout the list.                    increase women’s political participation and
   Although the Municipal Structures Act                   representation in the political arena. Women’s
attempts to ensure the participation of women              representation and participation in municipal
in metropolitan and local councils, it does so             councils are important for drawing attention to
less boldly than it ought to have. The statute             and addressing, through programmes of legisla-
stops short of introducing a statutory gender              tive reform, the issues that contribute to wom-
quota aimed at increasing the quantitative rep-            en’s disadvantaged status. A gender-based quota
resentation of women in local government.                  system would undoubtedly increase women’s
Instead, it provides that:                                 quantitative representation in national, provin-
    “[e]very party must seek to ensure that fifty          cial and local legislative bodies. Notably,


                                                      43
Fick

notwithstanding Section 9(2) of the constitution            However, the absence of a statutory gender
which permits the introduction of measures for           quota means that, in the relatively short time
addressing unfair discrimination against                 before the local government elections, women
women, Parliament has chosen not to introduce            and men need to pressurise all political parties
a statutory quota system to promote the achieve-         into recognising the importance of gender
ment of equality in the political realm.                 equality.
  As a consequence, the introduction of a gen-              More importantly, parties must be lobbied to
der quota will once again be at the discretion of        make a firm commitment to a substantive
decision makers within political parties. Hope           understanding of equality as mentioned above.
for achieving women’s representation in                  This commitment could see a greater number of
municipal councils lies in the fact that the GAP         political parties introducing gender quotas to
estimates that, if women continue to be elected          party lists. This would bring about greater rep-
in the same proportions under the new system             resentation of women in local government leg-
as they were under the old, women councillors            islative bodies.
will account for 30% of the total number of                 Hopefully it will also result in the critical
councillors under the new system compared to             minority of women necessary for changing the
19% under the old (Budlender, 1999: 42).                 male-dominated political agenda.




                                                    44
                                                                                                  Fick

                                            REFERENCES
ACKERMAN, C. 2000. Still on the margin?                  cal participation: Legislative recruitment and
  Women and the changing face of local gov-              electoral systems. In A Karam (ed) Women in
  ernment. 7 Rights Now. Nadel: Cape Town.               Parliament: Beyond Numbers. International
ALBERTYN, C & GOLDBLATT, B. 1998. Facing                 IDEA: Stockholm.
  the challenge of transformation: Difficulties        PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA V
  in the development of an indigenous jurispru-          HUGO 1997(4) SA 1 (CC); 1997(6) BCLR
  dence of equality. 14 South African Journal            708 (CC).
  on Human Rights 248.                                 REPUBLIC OF SOUTH AFRICA. 1996. The
BUDLENDER, D. 1999. (ed) The Fourth                      Constitution of the Republic of South Africa.
  Women’s Budget, IDASA, Cape Town.                    REPUBLIC OF SOUTH AFRICA. 1998. Local
CHAN, H. 1996. Women at the Periphery of                 Government: Municipal Structures Act, (Act
  Power: A Brief Look at Why Women are                   No 117 of 1998).
  Underrepresented in South Africa’s Premier           REPUBLIC OF SOUTH AFRICA. 1993. Local
  Democratic Local Elections. Idasa/Logic:               Government Transition, (Act No 209 of
  Johannesburg.                                          1993).
DAHLERUP, D. 1998. Using quotas to increase            SHVEDOVA, N. 1998. Obstacles to women’s par-
  women’s participation. In A Karam (ed)                 ticipation in parliament. In A Karam (ed)
  Women in Parliament: Beyond Numbers.                   Women in Parliament: Beyond Numbers.
  International IDEA: Stockholm.                         International IDEA: Stockholm.
FICK, G. 1999. The gender-sensitive check-list         THE MINISTRY FOR PROVINCIAL AFFAIRS AND
  for free and fair elections. Agenda, 40.               CONSTITUTIONAL DEVELOPMENT. 1998. The
HASSIM, S. 1999. From presence to power:                 White Paper on Local Government,
  Women’s citizenship in a new democracy.                Government Gazette, 393, 1873.
  Agenda, 40.                                          VAN DONK, M. (ed) 1997. Local Government
JAMES, B AND SIMMONDS, G. Chapter 7 Energy.              and Gender: Towards Engendering the White
  In Budlender, D (1997) The Second                      Paper Seminar Report and Policy
  Women’s Budget. Idasa: Cape Town.                      Recommendations. Gender Advocacy
LIEBENBERG, S. Social citizenship – a precondi-          Programme: Cape Town.
  tion for meaningful democracy. Agenda, 40.           WALBY, S. 1994. Is Citizenship Gendered 28
MATLAND, R. 1998. Enhancing women’s politi-              (2) Sociology 379.




                                                  45
                  Participation in Local Government:
                                  A Rural Perspective


                                                                        Memke Nkone


INTRODUCTION                                            • ensures the provision of services to commu-
The processes related to local government have             nities in a sustainable manner
accelerated so rapidly that many people have            • promotes social and economic development
difficulty understanding the issues being debat-        • promotes a safe and healthy environment
ed, and not enough time or attention is being           • encourages the involvement of communities
given to lobbying for the increased participa-             and community organisations in matters of
tion of women in local government.                         local government
   For government to improve the status of              • provides democratic and accountable govern-
women and society at large, there needs to be              ment for all communities (Constitution: Act
more meaningful participation of women in                  108 of 1996:81).
local government.                                       Women form an integral part of all communi-
                                                        ties. If local government fails to provide the
1. PARTICIPATION OF WOMEN IN LOCAL                      above, the women most affected will be those
GOVERNMENT                                              from the rural areas. Traditionally the role of
The coming elections are taking place at a time         women is to maintain and sustain the economy
when most local government policies have                of a region. Any negative impact on the women
created a supportive, but challenging environ-          of an area will therefore be detrimental to the
ment for representatives.                               community as a whole.
   In 1998, the Women’s Development Found-                 There are other legislative acts that favour
ation (WDF) conducted a research study of               the participation of women:
women councillors in five different provinces:          • The Demarcation Act, sections 24 and 25 of
the Free State, Eastern Cape, Western Cape,                which deal primarily with the viability of a
Northern Province and North West. The study                municipality. It goes without saying that a
showed that women held only 19% of all seats               viable municipality cannot exist if women
in local government. Out of a total of 7089                are excluded as candidates for election or are
councillors, there are 1363 executive positions.           not allowed to vote. One of the aims of
It is notable that 1171 men and only 192                   newly established municipalities will be to
women hold those positions. These results indi-            build capacity by providing new structures
cate that women still occupy a minority in                 for public participation.
many spheres of government.                             • Municipal Structures Act: Chapter 2, section
   The South African legislative framework has             9. This is a political system that encourages a
created opportunities for the participation of             gender-aware environment conducive to the
women in the 2000 elections and women must                 effective redistribution of resources. Women
be encouraged to take advantage of these                   should be encouraged to participate in struc-
opportunities.                                             tures that support democracy and women
   The constitution requires that local govern-            should offer gender sensitive services to
ment:                                                      communities. Political parties should also be


                                                   47
Nkone

 Local government seminars

 Seminar Venue                    Date                 Participants                    Partner
 Western Cape                   27 June                     63                   CLC
 Worcester
 Eastern Cape
 Umtata                         13 July                     97                   EISA, ECNGO ECLGA
 Northern Province
 Methodist Church               25 August                   75                   NPLGA/NPN GO Coalition
 North West                     31 August                   60                   Noweloga/IEC/OSW
 Gauteng                        3 August                    96                   Metro Council
 Free State                     29 August                   43                   Freeloga

  encouraged to support women as ward candi-                    opportunity to submit remarks on the deci-
  dates.                                                        sions of the Demarcation Board.
• The Municipal Systems Bill seeks to be more                • Women often have difficulty interpreting the
  effective in performance evaluation and to                    very legislation that favours them. This is
  create more participatory social governance.                  often as a result of the lack of facilities in
  The Bill aims at integrated development                       rural areas, e.g. Internet, newspapers,
  planning and land development objectives.                     libraries or even community-based organisa-
• The Financial Management Bill seeks to                        tions (CBOs) that could assist them.
  ensure a more participatory budgeting                      It was with this in mind that the WDF em-
  process. Most women do not have these                      barked on a programme of conducting seminars
  skills, but with their involvement a more bal-             on the local government legislative framework
  anced view could be achieved.                              (see table). The aim of these seminars is to:
• The Municipal Structures Act provides that                 • inform civil society of the changes taking
  there be 50% representation of women in                       place in local government and its impact on
  party lists, but legislation does not enforce                 women, in preparation for the forthcoming
  the issue.                                                    elections
                                                             • encourage women to participate as voters,
2. THE IMPACT OF NEW LEGISLATION ON                             candidates and leaders in decision-making
RURAL WOMEN                                                     processes
Many of the perceived advantages of the new                  • engender a common understanding of local
local government legislative framework will, in                 government transformation
reality, impact negatively on rural women.                   Where appropriate, the WDF collaborated with
Some of these issues are listed below:                       the Independent Electoral Commission (IEC),
• The reduction in the number of councils will               the Community Law Center (CLC), the South
  have an impact on the employment of coun-                  African Local Government Association (Salga),
  cillors, workers and services. How many of                 the Electoral Institute of Southern Africa
  these casualties will be women?                            (EISA) and other interested parties.
• In some areas women are excluded from                         These seminars stimulated debate, challenged
  community participation, especially where                  issues and encouraged a spirit of participation.
  cultural stereotypes still dominate (e.g. what                Group discussions were held debating the
  do women know about land distribution?).                   advantages and disadvantages of the electoral
• Access to basic services will pose a problem               system considering the need for gender repre-
  for the majority of rural women since cate-                sentation. Possible strategies for lobbying polit-
  gories B and C municipality headquarters                   ical parties to ensure that women participate in
  will now be located in big towns. This will                the upcoming local government elections were
  also have a serious impact on the goals of                 also discussed.
  community participation and accountability                    It is interesting to note that the groups were
  that local government is striving for.                     all strongly opposed to the present legislative
• There is a high rate of illiteracy in rural areas.         system which does not enforce gender repre-
• Most communities were not afforded the                     sentation within political parties.


                                                       48
                                                                                                   Nkone

CONCLUSION                                                  ments, non-governmental organisations and
How can we ensure that the proportional repre-              CBOs.
sentation and ward systems work for women?               The proportional representation system is more
• Political parties must be lobbied to ensure            advantageous to women. Ten of the highest
  that women and men are represented equally             ranking countries in terms of women represen-
  and evenly on their party lists.                       tation use the proportional representation sys-
• Political parties must also be lobbied to pro-         tem.
  mote women in their wards.                                Such a system also contributes to stability in
• Women should organise themselves inside                communities, as all parties with a decent sup-
  and outside political parties and they should          port base participate in the running of local
  urge parties to set down clear rules for candi-        councils. Nonetheless, women tend to fare bet-
  date selection. These rules should have                ter in urban areas than in rural areas where tra-
  explicit nomination procedures so that                 ditional roles and stereotypes are still prevalent.
  women can identify crucial points around                  The questions remain: to ensure effective
  which they can mobilise support and press              participation of both men and women in the
  for their demands.                                     December 2000 elections, how do we deal with
• Women need to nominate themselves to                   the problem of illiteracy and how do we inform
  stand for election through women’s move-               people in rural areas of issues that affect them?




                                                    49
   Developing an Appropriate Methodology
                  for Democracy Education


                                                                    Sherri le Mottee


INTRODUCTION                                               believe the purpose of our work to be? Are
Learning is a phenomenon of being alive. All               we educating, schooling, training and, if so,
would surely agree that each person learns                 what for? People often use words such as
something through the course of his/her life –             “education”, “schooling”, “training” and so
unfortunately much of this learning happens in             on, interchangeably. The assumption we tend
spite of schooling.                                        to make is that we are talking about the same
   If we accept that everybody can learn, albeit           thing, but are we?
in different ways and at different paces, the            • Education is about learning. If we want to get
question facing educators should be about how              education right, we need to know something
we construct learning processes which:                     about how people learn so that we can map
• motivate people to learn                                 our learning processes accordingly. For
• enable them to maximise their learning                   learning material to be effective, the materi-
   potential                                               als we develop for whatever purpose, need to
• facilitate the integration of what they have             be in keeping with how people learn.
   learnt into their daily lives                         • Of course, learning cannot be separated from
• and empowers them with skills, values, atti-             the learner. Learners bring to the learning
   tudes and knowledge, so that they are able to           environment a vast life of experience and
   make the leap between “learning” and                    learning. They have particular views, ap-
   “doing”.                                                proaches to life, prejudices and issues – all of
Methodology provides the framework and par-
adigm within which the learning process takes
place. It establishes the means to the end and                        What do you mean by
                                                                          education?
facilitates aspects such as time, resources, the
correct environment, etc. In short, it determines
the shape of the learning “process” and ulti-
mately the success of the learners. The selec-             What is learning?
                                                                                         Who are your
tion or development of an “appropriate”                    How do people
                                                                                          learners?
methodology can make or break the learning                      learn?
process.

1. IDENTIFYING AN APPROPRIATE                                     Identifying and developing an
METHODOLOGY                                                         appropriate methodology
Our discussion on methodology will run as fol-
lows:
• Our starting point is what we are doing and                           Implementing your
  why we are doing it. What motivates us to                               methodology
  develop learning materials – what do we


                                                    51
Le Mottee

  which have the potential to impact on their            comes across clearly is that these learners are
  ability to learn. Who the learner is should            not being “empowered”: the probability is that
  also impact on the selected methodology.               “learning” is actually disempowering them.
• I will conclude by discussing how these                They have been:
  issues interact with each other and will pro-          • uninvolved in identifying their learning needs
  vide a rationale for the adoption of a learning        • their learning has been directed from outside
  approach or methodology.                               • their experience, prior learning and identities
                                                            have had little, if any, impact on the learning
2. WHAT DO YOU MEAN BY EDUCATION?                           process and they are thus undermined
What do we mean when we talk about educa-                • knowledge is regarded as something outside
tion. The picture below is an interpretation of a           of themselves
learning process. What is happening in the pic-          • learning has little, if any, application beyond
ture?                                                       the classroom or lecture theatre.
                                                         Such an image is not, I would imagine, unfa-
                                                         miliar. Most of us have been effectively
                                                         “schooled” via the system put in place by
                                                         Christian National Education. This system was
                                                         designed to subdue people, to make them
                                                         respect the powers that be, maintain the status
                                                         quo and take their place in society without
                                                         rocking the boat.
                                                            The challenge is to move away from school-
                                                         ing and towards educating. As educators
                                                         involved in democracy and human rights, we
                                                         have a direct interest in the outcomes of educa-
                                                         tion. As educators we are active citizens who
                                                         are in touch with our rights and responsibilities,
                                                         who are able to practise democracy, and who
                                                         are willing to work towards constructing a soci-
                                                         ety based on the values inherent to democracy.
                                                            Our practice as educators should be congru-
                                                         ent with democratic principles – i.e., it should
                                                         reflect our desired overall outcomes. Learners
                                                         should not only be told about participation, they
                                                         should also be given the opportunity to partici-
                                                         pate. They should not only be told about
                                                         democracy, but should be given the chance to
   The learners in the first picture are having          implement it.
their somewhat empty heads filled by the “edu-
cator” who is standing in front of them. She is          3. HOW PEOPLE LEARN
clearly the source of knowledge and informa-             How do people learn? How do you learn? Try
tion.                                                    to identify a few specific things that you
   They, on the other hand, are passive recipi-          “know”.
ents who sit and wait to receive what she has to         • What does it mean that you “know” them?
offer. These learners are regarded as empty ves-         • How did you get to “know” them?
sels that do not “create” their knowledge or             The French biologist Jean Piaget had a major
leaning.                                                 influence on modern thinking about learning
   In the second image, we see the same learn-           with his ideas of constructivism. In his view,
ers a while later. They represent a group of pas-        learning was a process just like any other that
sive people, standing, sitting and staring               occurs in nature – i.e., learning is just a process
vacantly into the distance. They look impover-           of adjusting to new stimuli in the environment.
ished and defeated.                                        Consider this story (it identifies the stages of
   Excessive? Perhaps, but the message that              learning according to Piaget).


                                                    52
                                                                                                          Le Mottee

 You are a young child of four-years-old. You live             Eventually you get to understand that the world
 in East London close to the beachfront. One                   looks flat because it is so big you can't see it all at
 afternoon you take a walk along the beachfront                once. You finally manage to reconcile your old
 with your grandmother. You look out to sea and                understanding with the new.
 notice that the world looks flat and that it stretch-
 es all the way to the horizon. You can see where
 it ends and you know that if you were to sail to             Step 4: In this step, you have related the new
 that point you would fall off the edge of the world.         schema to the existing schema and have revised
 You arrange this piece of information in your                your set of skills and knowledge to absorb the
 head and file it away for later use.                         new and old so that you now have an enriched
                                                              set of skills and knowledge. The process is also
Step 1: You arrange your knowledge, skills,                   known as assimilation.
values and attitudes in your mind and file them                  What this model highlights is that learning is
away – these are called schemas. Your schemas                 a process, which is constructed on the basis of
are arranged in your mind in a way that makes                 what we already know. Things are not learnt in
sense to you. These are your existing schemas.                isolation nor is learning a passive experience.
                                                                 Kolb is another theorist whose ideas help to
 When you are a little older, you go to school.               take these notions forward into a more practical
 One day the teacher, who you like very much,                 application. In his model of experiential learn-
 starts a new section of work about the earth in              ing, Kolb describes the steps of learning in such
 space. She tells you all that the world is round.
                                                              a way that one is able to translate them directly
 You are very surprised at this information
 because you know the world is flat – you have                into learning methodologies. Let us consider
 seen it yourself. Your filing system is thrown out           Kolb’s theory and how it maps on Piagets
 of balance – your mind is in a state of confusion.           notions of constructivism.
                                                                 According to Kolb, a learning process has
Step 2: You encounter something new which                     four stages. Effective learning only takes place
challenges your existing schema. When this                    when the learner has successfully engaged in
happens, you find yourself in a place of mental               all four stages. These are illustrated below:
discomfort. Your mental filing cabinet is in a
state of disarray. This is called cognitive disso-                                 SENSING/FEELING
nance. Cognitive dissonance is the intellectual                                   1. Concrete experience
discomfort we feel when things do not make                                       see, read, observe, hear,
                                                                                 smell, touch, feel, sense,
sense to us. It may occur in a learning environ-                                          perceive
ment when we have not managed to grasp a
concept, solve a problem or master a skill. It is                        DOING                              WATCHING
not always a negative thing because it creates                 4. Active experimentation             2. Reflective observation
                                                                create, apply, perform,                 record, analyse and
an urge to get rid of the feeling of dissatisfac-                                                         explain, question
                                                                   attempt, consider
tion by completing the learning process.                                                              (from own and others’
                                                                                                            perspectives)
 You spend time thinking about the problem. You
 ask your grandmother to take you back to the                                            THINKING
 beach and you look again. You go to the library                                3. Abstract conceptualisation
 and you look for information. You talk to members                                estimate, predict, develop
 of your family to find out what they think. You                                 concepts, theories, models,
 investigate the problem gathering new facts and                                         hypotheses
 evidence. You try to make sense of the world and
 why it looks flat when it is really round.                   1. Concrete experience
                                                              This stage depends on the learner actually hav-
Step 3: You have to make sense of the new                     ing an experience of something. It involves tak-
information or practice by mentally shuffling                 ing note of something through the senses of
the old and the new schemas so that they make                 sight, smell, hearing, taste, touch and feeling –
sense. This is done by noticing, thinking about               EXPERIENCE
and testing your understanding of new skills
and knowledge. This process is referred to as                 2. Reflective observation
assimilation.                                                 At the second stage, the learner tries to make


                                                         53
Le Mottee

sense of the experience he/she has had by                       such as “if … then ...” – REFLECTION and
thinking it through and analysing it. The ques-                 THOUGHT
tions asked here would typically be: what has
happened and why? In other words, the learner                   4. Active experimentation
would look for meaning in the experience –                      The final stage of learning is implementation –
OBSERVATION                                                     what can the learner do with his/her learning?
                                                                ACTION
3. Abstract conceptualisation
The third stage involves the learner in thinking                Any learning material we develop should take
through his/her experience and trying to make                   into account the involvement of the learner in
mental models, theories and ideas that will                     actively constructing his/her learning. This
explain his/her perceptions.                                    learning should always start with what learners
  The learner will attempt to create concepts                   already know and move them on from there.
about the experience and may create statements                  The process should follow the four stages of

 REFLECTIONS ON HOW WE LEARN
 How adults learn                                           How should this affect the learning process?

 Adults have been learning all their lives. They come to Because adults have “knowledge”, they will probably
 the workshop with skills, knowledge, values, attitudes have formed opinions, ideas, values and points of
 and experience.                                         view. They should be respected and recognised as
                                                         people who direct their own lives. They are equal to
                                                         the facilitator and to other participants. They should be
                                                         given the opportunity to speak first, to inform the facili-
                                                         tator of what they already know about the subject of
                                                         discussion. Use pairs/group discussions where learn-
                                                         ers are able to share their knowledge and experience.
                                                         Give them the chance to learn from each other.

 Adults may be afraid or resistant to learning new          Be accepting of learners and make them feel comfort-
 things. They may feel that it is safer to stick to what    able. Listen to how they do things/what they think, etc;
 they know. Old “learning” could thus get in the way of     invite others to share their stories. Reflect on different
 new “learning”.                                            approaches and ideas – consider how they can influ-
                                                            ence what we already do/know. By being dogmatic/
                                                            pushy you will only alienate your learners.

 Adults don’t learn things in isolation. They learn best    Use what people already know by giving them the
 when they are able to relate new knowledge to “old”        opportunity to talk to you about the “concepts” the
 (existing knowledge).                                      learning programme will introduce. For example, first
                                                            ask them what they know about democracy before you
                                                            tell them what it is. What your learners know must be
                                                            your starting point as a facilitator of learning.

 Adults’ short-term memories are easily disrupted.          Make sure that your style of facilitation is supportive by
                                                            labelling things, giving visual support, giving notes or
                                                            pointers, encouraging active listening, keeping learn-
                                                            ers moving (physically and mentally). Use humour,
                                                            take frequent breaks, ask them how they are doing,
                                                            use energisers and brain teasers to help them to keep
                                                            focused – move and groove!

 Adults will have their own valid thoughts and opinions     Make time in the programme for the giving and
 and may question the materials, methods and ideas          receiving of feedback (positive and negative). Allow
 presented in the learning process.                         participants to talk about the programme, facilitation,
                                                            logistical issues, and any other issues that may impact
                                                            on their learning. Always explain why activities are
                                                            being done, create links from one activity to another,
                                                            discuss learners’ outcomes at the start of each new
                                                            focus area.




                                                           54
                                                                                             Le Mottee

learning, culminating with learners being able           characteristics of adult learners and how these
to do something with their learning. In practical        should be responded to in a learning environ-
terms, an educator’s materials should:                   ment.
• start with learners being able to make input
  on what they know                                      CONCLUSION
• move from what is already know to the                  To conclude, some of the central issues with
  “unknown”                                              regard to appropriate methodologies are the fol-
• involve learners in constructing their own             lowing:
  learning                                               • Everybody can learn.
• be experiential                                        • Learning processes should model democracy.
• provide opportunity for making meaning out             • Learners already have knowledge; all learn-
  of what has been experienced                             ing should therefore start with what learners
• give learners the opportunity to incorporate             already know.
  the learning into their existing knowledge in          • Learners and facilitators are learning together
  their own way                                            and construct knowledge together.
• allow learners to demonstrate their learning.          • Through participation, learners gain greater
                                                           insight and exposure to other experiences.
4. HOW DO LEARNERS AND THEIR NEEDS                       • Learning materials should follow the four
INFLUENCE METHODOLOGY?                                     stages as set out by Kolb.
To be most effective, our methodology should             • Learning outcomes should be stated as what
reflect an understanding of the learner and                learners will be able to do with their learning
his/her needs. It should be appealing, creative            – i.e. learning should result in action.
and surprising.                                          • Learning should be active, bearing in mind
  We will consider adult learners in particular            that this is the most effective way of retaining
since voter education concerns them. I would,              what has been learnt.
however, suggest that much of what we discuss            • Learning should be constructive and affirm-
has undoubted application to the education of              ing.
young people and even children.                          • Learning should be motivating and enjoy-
  The table opposite considers some of the                 able.




                                                    55
                             Workshop Discussion Summary



                                                                              David Pottie


INTRODUCTION                                              tion needs to be an ongoing process demanding
This paper summarises the main issues raised              constant reassessment. Five basic challenges
by panellists in the workshop discussion ses-             facing democratic consolidation in South
sions of this conference. The following                   African local government were identified:
remarks indicate the direction that democratic
municipal politics should continue to take.               1. VOTER PARTICIPATION
   The overall theme of this workshop has been            Lower than average voter registration and voter
to explore some of the immediate and long-                turnout are characteristic of local government
term challenges facing local government dur-              elections in many countries. South Africa’s
ing South Africa’s transition to democracy. It            first democratic municipal elections in 1995/96
also addressed some of the issues and debates             had a cumulative voter turnout of just less than
associated with the current government’s poli-            50%. While the Independent Electoral
cy of building a “developmental local govern-             Commission hopes to improve on this figure by
ment”.                                                    working to register as many South Africans as
   The current municipal demarcation process              possible for the 2000 elections, the current total
hopes to lay the foundation for sustainable,              registration figures are only slightly higher than
efficient and accountable local councils. One of          that of the 1999 national and provincial elec-
the challenges to this aim, as discussed in the           tions. It is unlikely that voter turnout will
workshop, is the process and method of recon-             match the approximately 89% of registered
ciling traditional authorities with elected repre-        voters, (approximately 68% of total potential
sentatives from local councils. The issue is far          voters) who voted in 1999.
from resolution, as the constitution only pro-
vides a framework for this relationship.                  2. ESTABLISHMENT OF VIABLE MUNICIPAL
   Another challenge under debate was the rep-            STRUCTURES
resentation of women in local government.                 The establishment of the new local councils
Women represent almost 30% of all seats in                following the 2000 elections will mark the cul-
national government, but far fewer in local               mination of an extended period of political
government. The new legislative framework                 transition in municipal politics. The entire
for local elections commits political parties to          country will have been newly demarcated since
ensure that 50% of the candidates on their party          the 1995/96 local elections with entirely new
lists are women. Whether this approach will               lines of jurisdictional authority. The resulting
succeed in improving the overall number of                amalgamation, redistribution of existing politi-
women in municipal councils, remains to be                cal power and the prospect of post-election
seen.                                                     delivery of services will present South Africans
   All of the issues discussed revolved around            with a very different political landscape.
the challenge of reconciling new policy initia-           Driven by a comprehensive but complex leg-
tives with past practices. Democratic consolida-          islative output, the reform of local government


                                                     57
Pottie

is premised on several key principles: develop-            place in the context of political party competi-
mental local government, sustainable, efficient            tion within which there are several key devel-
and transparent service delivery and account-              opments:
able representation. The issues that will keep                Firstly, there is the debate about the character
local government in the spotlight are the:                 and structure of the tripartite alliance of the
• role of traditional authority in local affairs           African National Congress (ANC), the South
• balance of public and private agency in ser-             African Communist Party and the Congress of
   vice delivery                                           South African Trade Unions. This debate is
• structure of executive authority in councils             unlikely to subside, but equally unlikely is the
• administrative and financial implications of             potential collapse of the alliance. The forth-
   municipal amalgamations                                 coming election campaign will be an opportuni-
• division of power between the types of coun-             ty for community and labour leaders to press
   cils with overlapping responsibility.                   for improved ANC representation of their con-
                                                           cerns. It is not clear whether this opportunity
3. GOVERNANCE AND REPRESENTATION                           will be taken advantage of or whether intra-
The post-election political environment promis-            alliance negotiations will replace public debate.
es to be highly charged. Labour relations will                Secondly, the newly formed Democratic
need to be addressed, as local councils pursue             Alliance (DA) between the Democratic Party
strategies for service delivery that will impact           and the New National Party may result in many
on public sector employment. A number of                   charged electoral debates as both parties hope
contracting arrangements are currently under               to prosper from the alliance. Both Gauteng and
consideration as they are poorly explained,                the Western Cape province pose potential for
badly understood or difficult to predict. This             DA majorities. Whether this party bloc can
has been outlined in the recent Municipal                  form the basis of a non-racial, national alterna-
Services Partnerships white paper. The estab-              tive to the ANC is debatable in the long term.
lishment of fiscally viable local authorities, in          At present, however, relations between the
the context of private sector service delivery of          ANC and the DA have been characterised by
formerly public services, will pose a challenge            frequent references to race.
for labour, councils, officials and service recipi-           Thirdly, as noted above, efforts to improve
ents. Not all of these interests can be expected           the representation of women on the party lists
to coincide. In addition, the poor are likely to           for the proportional representation component
resist increased service charges with as much              of council elections will undoubtedly result in
vehemence as wealthy property owners will                  the reconfiguration of the composition of local
resist rate increases. However, with differing             politics.
political agendas, the issues are likely to be rep-
resented in very different ways.                           5. INTERGOVERNMENTAL RELATIONS
   The Municipal Systems Bill promises to pro-             At least three areas of intergovernmental rela-
vide a regulatory context within which these               tions will be affected following the 2000 elec-
debates can occur. In particular, it hopes to con-         tions. These are:
tribute to the development of an improved ethic            • Local–district council relations. These coun-
of public service within local government,                    cils will need to divide responsibilities for
while encouraging individuals and community                   service delivery, reconcile different levels of
organisations to participate in local affairs.                progress in the formation of integrated devel-
   Ultimately, elected councillors will be                    opment plans and reconfigure administrative
accountable to citizens at the ballot box. In the             processes to respond to newly demarcated
interim they will have to develop the necessary               jurisdictions.
skills to oversee labour relations, state–civil            • Urban–rural relations. The challenges in this
society relations and state–private sector rela-              area will be to address the role of traditional
tions, as well as addressing poverty and service              authority, reconcile service delivery options
delivery in their areas.                                      in urban-rural “boundary” areas and address
                                                              cross-subsidisation issues.
4. PARTY POLITICS                                          • Metropolitan–provincial relations. Several
The dynamics as discussed above, will take                    metropolitan councils will be larger in size


                                                      58
                                                                                                   Pottie

   than some provincial legislatures. They will          bility often results in “unfunded mandates”
   also have greater areas of responsibility and         where local authorities have increased responsi-
   larger budgets than some provinces.                   bility for service delivery in policy areas driven
In addition to these issues, all local councils          by national government, placing enormous
will have to continue to respond to the legisla-         pressure on the local fiscus.
tive agenda of national government. For exam-
ple, councils will need to find ways to improve          CONCLUSION
infrastructure delivery in areas such as low-cost        Although there are many more areas of con-
housing, despite the fact that this is often             cern, these are just some of the issues that were
beyond the financial and administrative means            covered in the workshop, which will require
of many municipalities. This level of responsi-          further attention.




                                                    59
                                                             Programme


Wednesday, 20 September 2000


8.30–9.00       Registration

9.00–9.20       Welcome
                FACILITATOR: MS ILONA TIP, ELECTORAL INSTITUTE OF SOUTHERN AFRICA

                Mr Khehla Shubane, Member, EISA Board

                Dr M Lange, Resident Representative, Konrad Adenauer Foundation,
                Johannesburg

9.20–9.50       OPENING ADDRESS
                Local Government 2000–From Transition to Consolidation
                Justice Zac Yacoob, Judge of the Constitutional Court

9.50–11.00      DEVELOPMENTAL POLITICS OF LOCAL GOVERNMENT
                FACILITATOR: DR RAMA NAIDU, DIRECTOR, DEVELOPMENT AND DEMOCRACY
                PROGRAMME

                Service Delivery Within the Context of Developmental Local Government
                Dr Thomas Mogale, Convenor, Masters in Management Degree Programme,
                Graduate School of Public and Development Management,
                University of the Witwatersrand

                Discussion

11.30–1.00      LEGISLATIVE IMPLICATIONS OF THE DEMARCATION PROCESS
                FACILITATOR: MR SIPHO MNGUNI, COORDINATOR,CATHOLIC JUSTICE AND PEACE
                COMMISSION, KWAZULU-NATAL

                Mr Hilary Monare, Acting Manager Demarcation Board

                Panel Discussion:
                Nkosi Mpiyezintombi Mzimela, Chairperson, National House of Traditional
                Leader
                Nkosi Tshililo Ramovha, Member, Demarcation Board


                                            61
Programme

2.30–3.30        The Impact of legislative changes on educating the electorate
                 FACILITATOR: MS ELAINE SACCO-TELITE, ACTING MANAGER: HRD AND
                 GENDER PROGRAMMES, SOUTH AFRICAN LOCAL GOVERNMENT ASSOCIATION

                 Panel discussion:
                 Advocate E Lambani, Director, Legal Services Department IEC,
                 National Office “Perspective from the IEC”

                 Ms Louise Olivier, Legal Services Dept IEC, National Office,
                 “Conflict Management mechanisms for elections”

                 Ms Ntomb’futhi Zondo, Programmes Director Institute for Multi Party
                 Democracy, “Experiences on the ground”


3.45–5.00        PARTICIPATING IN LOCAL GOVERNMENT–A GENDERED PERSPECTIVE
                 FACILITATOR: MR WILLEM ELLIS, PROGRAMME DIRECTOR, CENTRE FOR CITIZENSHIP
                 EDUCATION AND CONFLICT RESOLUTION

                 Panel Discussion:
                 Ms Glenda Fick, Electoral Institute of Southern Africa, Legal Researcher –
                 “Developing a checklist”

                 Participation in Local Government: A Rural Perspective
                 Ms Memke Nkone, Trainer: Local Government and Women’s Participation,
                 Women’s Development Foundation

                 Ms Moira Mbelu, Associate Programme Officer, Mott Foundation,
                 “A donor’s experience”

                 Discussion



Thursday, 21 September 2000


9.00–9.45        Developing and Designing Voter Education Programmes–Constructing an
                 Appropriate Methodology to Encourage Citizen Participation
                 FACILITATOR: DR NOMSA MASUKU, INDEPENDENT ELECTORAL COMMISSION

                 Ms Sherri le Mottee, Curriculum Specialist, Electoral Institute of Southern Africa

                 Discussion

9.45–12.00       Presentations and Exhibition of available voter education materials




                                               62
                                                                   Participants


Pascal Corbé          Lesley Frescura              Maarit Laitinen       Z S Makaula
Konrad Adenauer       LHR                          Embassy of Finland    CONTRALESA
Foundation            357 Visagie Street           PO Box 443            PO Box 592
Box 1383              PRETORIA 0002                PRETORIA 0001         MOUNT FRERE 5090
HOUGHTON 2041         Tel: (012) 320 2949          Tel: (012) 343 3095   Tel: (040) 635 0594

Zohra Dawood          Charlene Harry-Chuku         Adv Edward Lambani    Inka Mars
OSFPO                 EISA                         IEC                   IFP
Box 23161             Box 740                      260 Walker Street     427 Currie Road
CLAREMONT 7735        AUCKLAND PARK                Sunnyside             DURBAN 4001
Tel: (021) 683 3489   2006                         PRETORIA              Tel: (031) 207 2678
                      Tel: (011) 482 5495          Tel: (012) 428 5406
Malizole Diko                                                            Gugu Matloapane
UDM                   Beatty Hofmeyer              Sherri Le Mottee      IEC N.Cape
Box 26290             ANC                          EISA                  Private Bag x6109
ARCADIA 0007          Luthuli House                Box 740               KIMBERLEY
Tel: (012) 321 0010   51 Plein Street              AUCKLAND PARK         Tel: (053) 838 5000
                      JOHANNESBURG                 2006
Mbulele Fani          Tel: (011) 330 7351          Tel: (011) 482 5495   Nomfundo Mayosi
CAABET/ALCPO                                                             WDF
Box 4005              Judge Jacoob                 Jimmy Mabela          Box 31028
Duncan Village        Constitutional Court         African Pathways      BRAAMFONTEIN 2017
EAST LONDON           Private Bag x32              Postnet suite NO 24   Tel: (011) 339 1895
Tel: (043) 743 1606   BRAAMFONTEIN 2017            Box 5981
                      Tel: (011) 359 7540          PIETERSBURG           Chris Mepha
Glenda Fick                                        NORTH 0750            IEC
EISA                  Khotso Khasu                 Tel: (015) 297 7016   21 Charles Street
PO Box 740            IEC                                                BLOEMFONTEIN 9300
AUCKLAND PARK         4th Floor, Provincial        CX Madiba             Tel: (051) 430 4845
2006                  House                        NICRO
Tel: 011 0482 5495    MMABATHO                     PO Box 585            Sipho Mnguni
                      Tel: (018) 387 6520          MEADOWLANDS 1852      J&P
Rev Bongani Finca                                  Tel: (011) 986 1020   PO Box 47489
IEC                   Phillip Kgosana                                    GREYVILLE 4023
PO Box 185            PAC                                                Tel: (031) 303 1417
EAST LONDON 5200      PO Box 58077
Tel: (043) 709 4202   KARENPARK 0118
                      Tel: (012) 549 02810


                                              63
Participants

Thomas Mogale           Inkosi MB Mzimela                 Wendy Ovens               Elaine Sacco-Telite
P& DM                   National House of                 Municipal Demarcation     SALGA
Wits University         Traditional Leaders               Board                     Box 2094
PO Box 601              PO Box 368                        Private Bag x28           PRETORIA 0001
WITS 2050               ESIKHAWENI 3887                   HATFIELD 0028             Tel: (012) 335 6745
Tel: (011) 717 3619     Tel: (082) 567 5785               Tel: (012) 342 2481
                                                                                    Mr Khehla Shubane
Thabo Mokgato           Dr Rama Naidu                     ME Overmeyer              Nelson Mandela
ACDP                    DDP                               IEC                       Childrens’ Fund
PO Box 5308             PO Box 11376                      260 Walker Street         P/Bag x70000
PRETORIA                MARINE PARADE                     Sunnyside                 HOUGHTON 2041
                        4056                              PRETORIA
Benjy Mokgothu          Tel: (031) 306 2261               Tel: (012) 428 5406       Kuthelani Sigidi
YCS                                                                                 YCS
Box 545095              T Ngqase                          Lion Phasha               Box 545095
MAYFAIR 2108            NICRO                             EISA                      MAYFAIR 2108
Tel: (011) 839 1728     PO Box 585                        Box 740                   Tel: (011) 839 1728
                        MEADOWLANDS 1852                  AUCKLAND PARK
Dudu Mokoena            Tel: (011) 986 1020               2006                      Shirley Smith
DPSAPO                                                    Tel: (011) 482 5495       IEC
Box 1568                Monwabisi Nguza                                             216 Walker Street
JOHANNESBURG 2000       Afesis Corplan                    GR Phosa                  Election House
Tel: (011) 333 4822     PO Box 7101                       J&P                       PRETORIA
                        EAST LONDON                       PO Box 4802               Tel: (012) 428 5700
Hilary Morane           Tel: (043) 743 3830               RUSTENBURG 0300
Municipal Demarcation                                     Tel: (014) 597 4350       Florence Thinane
Board                   Steve Ngwenya                                               COREPO
Private Bag x28         IEC                               Titi Pitso                Box 42440
HATFIELD 0028           PO Box 2850                       IEC                       FORDSBURG 2033
Tel: (012) 342 2481     ERMELO                            9th floor, Metlife        Tel: (011) 836 9942
                        Tel: (013) 752 2152               Building
Gift Moroene                                              391 Smith Street          Ilona Tipp
SACC                    Laurence Ntlokoa                  DURBAN                    EISA
PO Box 1982             Joint Centre for Political        pitsot@elections.org.za   Box 740
BENONI 1500             & Economic Studies                                          AUCKLAND PARK
Tel: (011) 845 3618     PO Box 23881                      David Pottie              2006
                        JOUBERT PARK 2044                 EISA                      Tel: (011) 482 5495
Trevor Mothule          Tel: (011) 403 8641               Box 740
IEC                                                       AUCKLAND PARK             Mlungisi Twana
PO Box 1986             Keolopile Olepeng                 2006                      Greater PTA Election
RUSTENBURG              Kuruman Moffat Mission            Tel: (011) 482 5495       Consortium
                        Trust                                                       Tel: (012) 325 8605
Nkutsoeu Motsau         PO Box 34                         Nkosi Tj Ramovha
AZAPO                   KURUMAN 8460                      Demarcation Board         Yvette van Eechoud
PO Box 4230             Tel: (053) 712 1352               Tel: (015) 962 2354       Netherlands Embassy
JOHANNESBURG 2000                                                                   PO Box 117
Tel: (011) 333 6681     Louise Olivier                    Nicky Ritumalta           PRETORIA 0001
                        IEC                               J&P                       Tel: (012) 344 3910
                        260 Walker Street                 PO Box 2910
                        Sunnyside                         CAPE TOWN 8000            Laurie Watson
                        PRETORIA                          Tel: (021) 462 2417       SIDA
                        Tel: (012) 428 5406                                         Box 13477
                                                                                    HATFIELD 0028


                                                     64
                           Participants

Bethany Wickens
Canadian Embassy
1103 Arcadia Street
HATFIELD
Tel: (012) 422 3077

Lincoln Wildermans
Box 582
KIMBERLEY 8300
Tel: (053) 871 4028

Nthombfuthi Zondo
IMPD
Box 52036
BEREA ROAD 4007
zondon@impd.org.za




                      65

								
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