22 December 1994
The objective of this document is to give information on the commissions we will have at conference and to provide guidelines to enable the commissions to function properly.
It has been agreed that conference delegates should be divided into 11 commissions to discuss the following topics:
1. Characterisation of the current stage of the democratic revolution
The document entitled Strategy and Tactics will be used as the basis of discussion.
2. Transformation of the Economy
3. Transformation of the State Machinery
4. Building the ANC
* Restructuring and ANC Constitutional Amendments
* Strengthening the Tripartite Alliance and the democratic movement
* Strengthening relations with civil Society
The State of the Organisation Report and the document entitled Constitutional Amendments will be used as the basis of discussion.
5. The land and agrarian question
6. Local Government
7. Constitution Making Process
8. Emancipation of Women
See separate document for discussion
9. Youth Empowerment and Development
See separate document for discussion
10. Stabilisation of the Country 11. South Africa in the New World Order
The document entitled ANC Foreign Policy will be used as the basis of discussion.
DATE AND TIMES OF COMMISSIONS
Commissions will meet on Monday, 19 December, from 09hOO -16hOO. Reportbacks will take place in plenary on Tuesday, 20 December.
Tea will be served outside the various commission rooms throughout the day. Lunch will be served from 12h30 – 14hOO. Meal times must be strictly adhered to as many of the dining halls are being used as venues for commissions.
The venues for the various commissions will be announced on the evening of Sunday, 18 December.
ORGANISATION OF THE COMMISSIONS
As conference will have 3 000 delegates the commissions will have to be managed efficiently to avoid time wastage and non-focused debate.
All delegates should have already been allocated to the various commissions. Please consult your regional secretary if you are unsure of what commission you have been allocated to.
Management Structure of Commissions Each Commission will have a management structure, which will include: Chairperson of the Commission Rapporteur Presenters (ie. those who make inputs) Resource people Secretary/typist Runner – equipped with a walkie talkie
GUIDELINES FOR COMMISSIONS
The main aim of discussing the above issues in commissions is to ensure that there is maximum participation by all delegates in the deliberations at conference.
Each commission must give specific consideration to the position of women in relation to the subject and make recommendations to secure their participation and emancipation.
Inputs will be presented to the commission on the specific topic allocated to the commission.
After the input, clarifications can be dealt with very briefly.
There will be a second brief input on the gender question.
The commission should first discuss Strategy and Tactics and thereafter deal with the implementation of the RDP as it relates to their topic.
REPORT BACK TO PLENARY
Each commission is expected to present a programme of action and resolutions for discussion and adoption at plenary.
TRANSFORMATION OF THE SOUTH AFRICAN ECONOMY
The Government of National Unity inherited an economy characterised by a number of structural problems. The country saw reasonably high growth between 1960 and 1975, but this type of growth also caused a further deterioration in the distribution of wealth and incomes. South Africa is recognised as one of the world`s most inequitable societies with white per capita income 9.5 times that of blacks. Since 1975 the economy has grown slower than the population growth rate, resulting in a 19% decline in per capita GDP increased poverty and rising unemployment.
The South African economy is also marked by a very high concentration of ownership and control of economic power in the hands of a few conglomerates. This is a situation which developed uninterruptedly since the discovery of gold in 1886.
These powerful conglomerates straddle the entire economy with monopolies and cartel dominant in key economic sectors. Prices rise at will – this is particularly marked in food processing and distribution and in building materials. Poor consumers are forced to pay high prices for food, clothing, building materials and transport.
Conglomerate control, coupled with a series of obnoxious apartheid legislation also provided for the conscious exclusion of blacks from the economic mainstream. The power of these conglomerates to extract concessions through subsidies and tax incentives, resulted in capital being favoured over labour. Capital-intensive development was artificially more profitable, leading to far less jobs being created than would have been the case if the Apartheid state was neutral between labour and capital.
Furthermore, the apartheid regime pursued an isolationist path which apart from the self-inflicted sanctions, sought to hide gross inefficiencies and refused to enlarge the available pool of human skills.
An overview of the economic legacy would be incomplete without comment on the impoverishment and further distortions which resulted from the alienation of blacks from their land. This alienation has cut deep scars which remain despite the repeal of the Lands Acts. The effects of the Group Areas Act also continues to haunt us particularly in urban areas, where black people reside far from their places of work. Apartheid has also left us with complex, fragmented and inefficient systems for the delivery of social goods and services.
All of this must be transformed into a participatory, democratic, efficient and growing economy. We seek to undertake this transformation in circumstances where we are constrained both by the process of the transfer of power and by the dominant trends in a unipolar world which are not well disposed to the developmental objectives which we have set.
The challenge which confronts us was succinctly set out in the foreword to the MERG report, which states:
“The new democratic government will have to create an economic system that has as its core objective, not only the rectifying of past mistakes, but also the continued and sustained provision of employment, shelter, education and training, food and health services, as well as other factors essential to an acceptable quality of life. The failure of a future government to achieve these objectives will inevitably threaten democracy itself.” This is a matter which the ANC Policy Conference in 1992 also examined. The Ready to Govern programme states the objectives as to create a strong, dynamic and balanced economy that will be directed towards:
* Eliminating the poverty and the extreme inequalities generated by the apartheid system;
* Democratising the economy and empowering the historically oppressed;
* Creating productive employment opportunities at a living wage for all SouthAfricans;
* Initiating growth and development to improve the quality of life for all SouthAfricans, but especially for the poor;
* Developing a prosperous and balanced regional economy in Southern Africa based on the principles of equity and mutual benefit;
* Giving due regard to the environmental impact of the implementation of economic policy.
These largely define the goals which are still being pursued within the context of the Government of National Unity. These goals were further concretised in our RDP, which has come to be the overall programme guiding economic policy for the GNU.
The economic strategy of the ANC may be broken into 2 components: addressing basic needs and building the economy. Addressing basic needs covers the area of social investment, whether this be poverty-relief, health, education and training, pensions, public works programmes. Targeting the poor will be key to the success of this strategy. The second objective of simultaneously building the economy through a sounder industrial and trade policy, a more effective competition and anti-trust policy, infrastructural investments, black economic empowerment, regional development is vital in building the job-creation capacity of this economy and putting the economy on a more sustainable and equitable growth path.
A central feature of the strategy for transformation is that it will involve an interactive approach between government, labour, the private sector and other organs of civil society, each playing distinctive and collaborative roles.
The government has roles which include its being the monetary and fiscal authority; as economic planner and facilitator; as legislator and as a formidable consumer. In essence, it should combine these responsibilities in a manner which creates an environment for sustainable growth and development. Government cannot play a role as employer of last resort, neither has it the resources to do so.
The key distinct role of the private sector is as the investor and innovator and thus as the main creator of employment.
Labour has a role in respect of shaping the labour market, influencing the production process, democratising the workplace and ensuring that workers are treated fairly and equitably.
Civil society and mass democratic structures have a vital role to play in shaping development and identifying the real needs and demands on the ground, allocating public resources and encouraging and unlocking the contribution of wider society, implementation of policy as well as keeping a vigilant eye on government.
However, all these sectors have to move beyond their own narrow sectoral roles, and structure their participation within the framework of the broader objectives of society, as outlined in the RDP. Greater rights and participation of every sector also carries with it greater responsibilities, whether this be to pay taxes and service charges, instilling a culture of learning and working, choosing to invest in SA rather than abroad, striving to find export markets for SA, reducing industrial conflict etc. The challenge facing all these actors is to embark on the path of economic transformation even if it means some amount of pain in the short-term for its own members. The golden opportunity facing these actors is that they can shape the future in a way where all stand to benefit.
Together these actors will shape economic policy and oversee the implementation thereof. Such interaction will be facilitated by and within the National Economic, Development and Labour Council (NEDLAC), to be set up by government early in the new year.
The implementation of economic policy takes place through the medium of a series of programmes designed to meet the stated objectives. Amongst the programmes already underway are:
Efficient fiscal management
The GNU is not starting with a clean slate, having inherited the financial mess of the Apartheid state. We inherit the Apartheid public sector, which swallows 50% of all non-interest recurrent expenditure. We will have to cough up more money to meet the pension shortfalls of public servants. The rapidly rising share of interest in our Budget is already the second largest item in the Budget, and since we inherit all the Apartheid debt, we face the prospect of reducing the share of expenditure going to housing, education, health etc We have no choice but to reduce our Budget deficits in the coming few years. We have even inherited the large budgets of Defence, Intelligence, Police etc, and the challenge we face is how soon we can reduce their share of expenditure.
The GNU has little choice but to redirect resources within the old expenditure allocations to government departments, as there is no new money available for new programmes. This is to be welcomed, as present expenditure patterns still reflect old Apartheid priorities. Ministers and MECs must not shirk from the task of doing away with Apartheid-related expenditures. REPRIORITISATION is just one element of this programme. The other is RESTRUCTURING AND REDUCING the public sector. REPRIORITISATION will fail if restructuring of the public sector is not addressed. The big difficulty here is the constitutional guarantee on jobs, which may make this option expensive but still worth while in the short term.
The government has announced a six-part plan to implement this programme, which has the objective of both fiscal efficiency and the release of more resources to finance the RDP without exacerbating the already unacceptably high government debt. This plan includes:
* A salary cut for government officials;
* the REPRIORITISATION of expenditure;
* a reappraisal of the public sector;
* a review and reorganising of all state assets;
* developing intergovernmental financial relations;
* monitoring the public sector.
We are also committed to transforming the Budgetary process away from the present annual incremental approach towards a programme-based and/or zero-based budgeting system on a multi-year planning system. There should also be greater transparency and uniformity between national and provincial budgeting systems.
Furthermore, the GNU appointed the Katz Commission to review the taxation system in order to improve tax administration, to consider the area of tax incentives, resolve constitutional problems in taxation, and to bring the tax system into line with the objectives of the RDP. This process of reform of our taxation system will occur over a time period of a few years.
The ANC is also committed to greater accessibility in health care for all residents, and will consider the feasibility of introducing a national health insurance scheme. Further, the ANC will investigate the option of compulsory pension contributions by all employed workers, and the reform of the public sector pension scheme.
The ANC is also committed to greater accountability in the use of public funds, including more use of performance auditing to monitor all spending by departments and agencies. In this respect, the Standing Committee of Finance and the Auditor-General`s office are playing a sterling role. However, the lack of capacity of the police in dealing with corruption in the public sector means that there is little follow-up beyond exposure. A further challenge is to provide mechanisms to ensure that effective safeguards are also introduced and implemented at provincial and lower tiers of government, with ultimate responsibility residing in the office of the Auditor General and Parliament.
Placing South Africa on a sustainable growth and development Path
The central challenge is to shift the economy from one which highly protected, sluggish and grossly inefficient to one which takes account of global norms and which is able to sustain growth. In fact, a growth rate in excess of 5% per annum must be afforded a high premium if job-creation is to be prioritized. Such a sustainable growth path demands a shift from a country whose exports are largely commodities and primary processed products to one which aspires to add higher value and creates jobs by the stimulation of manufacturing opportunities. Furthermore, our industries must become more competitive in order to withstand the vagaries of global markets which soon will be managed by the World Trade Organisation in terms of a single set of rules for market access.
Already a number of industries in South Africa are on the margins and a great many jobs will be lost unless this programme is carefully managed. Business in this country has grown accustomed to protection on demand and in many sectors these changes are being resisted.
A further aspect of sustainable growth is the accessing of new markets for South African goods. Negotiations are underway with a number of trading blocks such as the European Union and large markets such as the USA and Japan.
Creating productive employment opportunities
This programme is proving the hardest nut to crack. The central challenge is to create employment for almost half of the country`s workforce ie 6 million people. Over the past few years, only about 9 000 new jobs have been created each year for the more than 300 000 school-leavers.
Increasing the labour-absorptive capacity of the economy will only be possible if we succeed in attracting more investments, and embark on programmes to train and develop skills for potential workers. Business, labour and government will have to work together to create a climate for greater investment, stability of the workforce, and life-long learning opportunities.
As a developing economy we are engaged in keen competition to attract both domestic and foreign capital. Investment will flow towards those countries that are stable and where investors can make a reasonable return. We may not like this, but it is an unpleasant reality. We face the challenge of creating an investor-friendly climate, and if we fail, we will not be able to create new jobs and SA will not have peace.
Empowerment of the disadvantaged
There are two intertwined, yet separate strands to this programme. The first relates to stimulating small and medium enterprises, and the second, to black economic empowerment. Internationally, it is small, medium and micro enterprises (SMMEs) that have proven to be the most important creators of jobs rather than large corporations. Extensive discussions are underway and a support programme is being designed by the Ministry of Trade and Industry.
Black economic empowerment, in general, is important to counteract the alienating perception that the economy is owned and controlled only be whites. A range of possibilities will open up with the planned unbundling of large corporations.
State tendering and procurement policies can and will play an important role in promoting SMMEs and in empowering black people.
Labour market policy
Apartheid created a rigid hierarchy of labour which was based on a low wage structure and the retention of a low skills base. The economic future of this country must see a higher level of skill amongst workers and greater flexibility of skills. In addition, many jobs are currently marginal because of industrial inefficiencies. The retraining of workers will ease the transfer of such workers into alternative employment. The rigid hierarchy of labour must be replaced by a narrowing of the skills gap, reduction in job grades and the narrowing of the wage gap.
The extent of conglomerate control leaves consumers completely at the mercy of monopolies and cartels. There exists a great deal of anti-competitive behaviour which impacts negatively on the entire economy Existing competition law is toothless. Ready to Govern and our RDP commits us to introducing anti-trust policy to improve market inefficiencies. Plans are underway to introduce such legislation in 1995.
Restructuring of state institutions
The RDP will only be successful if it succeeds in democratising society. Institutional backup is vital to implementing the RDP. The problem facing the RDP is that all institutions within government were created specifically to make Apartheid work, and so reflect a mind-set which is inadequate in facing the new challenges.
Key agencies that must be transformed include the DBSA, IDC, SBDC and the Land Bank. Whilst the ANC accepts the need for an independent central bank, such independence must not be an excuse to resist transforming the board of the SARB, which continues to be all white.
Hundreds of other parastatals exist at both national and regional levels, many of which may be redundant in this new era, but which continue to exist and eat up resources. The GNU must move with urgency to address the process of transforming and rationalising all parastatals in SA, and ensure effective control and elimination of wastage during the period of transition.
Regional Development in southern Africa
The ANC is absolutely committed to development of the whole region, and not just of SA itself. For decades, our neighbouring countries were forced to bear the burden of our struggle. In some cases SA bears direct responsibility for instigating and fuelling civil war, particularly in Angola and Mozambique. Many of our neighbouring countries like Botswana, Lesotho and Swaziland were deliberately not allowed to develop for the sake of Apartheid development. Namibia was colonized and robbed of its political and economic independence by SA. The new SA must move away from the predatory and domineering approach of the past, and review old agreements like the SACU. As a first step in this process, SA has joined the SADCC.
Political commitment to the region is however not enough, and is under strain as economic forces begin to dominate our relationship. The high expectations within our country has also spread across our borders, as the wave of immigration from neighbouring countries demonstrates. Some sectors like textiles and motor vehicles are directly threatened by developments in neighbouring countries, and seek to create economic barriers between SA and its neighbours in order to protect their jobs or investments.
SA does not have much choice but to situate its own development within broader economic regional development. Like all challenges, this should be seen in a positive light, as new opportunities will arise with the bigger market potential in the region.
Our vision is based on a tradition which attaches a high score to significant improvements in the quality of life of our people. Our goals are clear and above dispute within our ranks. What is often debated however, is the pace of change.
The SA economy is relatively open, dependent on both exports and imports for its development. Given that the SA economy is relatively small we have limited bargaining power on our own.
The reality of the global economy is that it is being shaped in a unipolar world with countries such as the USA and Japan and trading blocs like the European Union dominant.
To effect the objective of transformation we must adhere to the course which we set, mindful of the power of international capital. If we ignore these realities, the people of SA will pay a clear price and transformation will be elusive. We are thus called upon to act in a responsible manner – we must observe the constraints in our expenditures. Simultaneously we have to offer a leadership role amongst developing countries and sharpen South-South relations to ensure that we have the muscle to negotiate with the presently-powerful North.
QUESTIONS AND ISSUES
Some questions the Commission should consider include:
1. Review and reorganising of all state assets: what are these assets; what do we mean by re-organising; what criteria should be used to determine state ownership or otherwise; if not state-owned, then what are the options?
2. The funding of social services: the relations between the private and public sector; the principle of equity and access; how do we make social services sustainable? Do we need and can we fund a National Health Insurance Scheme?
3. Job Creation: public works in relation to job creation – what are the strategies? How does a public works programme relate to the creation of permanent jobs? What impact does such a programme have on women? How do we attract direct investment, and why do we need it? Competitiveness: how do we make our industries more competitive? what is the impact of potential job losses on our job creation programme?
4. Black Economic Empowerment and Competition Policy: Building conglomerates and ensuring competition: is there a contradiction? How do we develop and create SMME?
5. Combined policy formulation and decision-making, and Nedlac`s role in this regard: who is represented in such a process? What constituencies are not represented?
6. Southern Africa: how do we determine the balance of domestic and regional industrial policy? What interests are affected?
7. The Budget process: What process should be adopted? How do we ensure national, provincial and local reprioritisation and accountability?
8. Inequalities in the economy as they affect women: how should this be addressed? How do we address equal opportunities, job valuation and unpaid labour? The main issues of governance in the public service
THE MAIN ISSUES OF GOVERNANCE IN THE PUBLIC SERVICE
1. Upon assumption of office, the Government of National Unity set itself a colossal task of rebuilding a society polarised and distorted by colonialism and apartheid.
2. The Government of National Unity thus inherited an unrepresentative, unaccountable and inefficient public service. which is totally unsuitable for the Government`s avowed mission of transforming our society.
3. Since its inception the SouthAfrican Public Service was fragmented along racial lines. It comprised thirty central departments, four provincial administrations, and three own affairs administrations. In addition, the TBVC states and self-governing territories also had their own public services.
4. Although these eleven public service were modelled on the same broad lines, each had its own legislation and policies. Thus, former public services applied different sets of personnel policies, resulting in disparities in job categories, salary scales, allowances and conditions of service.
5. With a view to reorganising and rationalising the public service, the Public Service Act of 1994 was promulgated in June this year. This Act, however, still needs review, as it did not do away with some discriminatory personnel practices.
6. Labour relations were extended to all public servants by the Public Service Relations Amendment Act of 1994. This legislation also needs to be revisited with due regard to the possibility of having a single Labour Relations Act to ensure uniform labour standards for all workers.
7. The collective bargaining chamber also needs restructuring in such a way that it reflects the changed nature of our society.
8. The constitutional directive of making public service broadly representative must be affected as soon as possible. Affirmative action will be used as a mechanism for the realisation of this objective.
9. The Public Service still exhibits high wage differentials, low basic wages and there is still need to close the wage gap. To this effect, we are negotiating the establishment of a task team with the employee organisations that will give focus on a salary improvement plan for the next three years, as well as the review of the entire grading system which impacts upon salary scales and levels of promotion.
10. Plans are afoot to set up the Public Sector Forum which will ensure that there is a transparent and consultative process of restructuring the public service.
11. One of the imperatives of the public service transformation is the equipment of its incumbents with the necessary skills, knowledge and attitudes that will enable them to efficiently serve the public. Training, retraining and re-orientation of the public servants are of essence to prepare them for change and to … in them the new ethos of the public service.
12. A properly restructured Public Service Training Institute will be in a better position to train and retrain officials for the effective and efficient delivery of service to the public.
13. As far as the amendment of the Public Service Commission Act, 1994, is concerned, this was the initial phase merely to align its provisions with the relevant sections of the Constitution. In the second phase, it is envisaged that the Commission`s relationship to the Public Protector and the Minister of Public Service and Administration, as well as its general position within the system of public administration will have to be assessed anew. The object is to enhance the independence of the Commission and provide for an implementing agency for the Minister.
QUESTIONS AND ISSUES
Issues and Questions that arise include:
1. Rationalisation, including financial implications: how, with what objective, in what time frame?
2. Rationalisation of pre-election national and provincial civil service
3. Integration of TBVC personnel: problems, present situation, process
4. Constitutional and legal liabilities: an evaluation; developing a strategic approach; identifying in-built obligations (hidden?)
5. Affirmative action: a problem or an opportunity?
6. Building a culture of accountability and service
7. Training and skill development: what are the plans?
8. Addressing salary scales and disparities
9. The Public Service Commission: a stringent evaluation
Some points to consider regarding transformation of the state machinery include:
1. Do we have a common understanding of what is required in this process of transformation ?
2. Why is it necessary to transform?
3. To what extent do we have power, to shoulder the responsibilities of leading and guiding the process of transformation?
4. How do we transform and reprioritise ministries and departments, both where there are ANC heads and those where the officials are members of other parties?
5. What happens to parastatals, boards and other infrastructure created as part of the state machinery? What is their role in transformation? Can they be transformed? What are the objectives?
6. How do we transform the judicial system and the judiciary?
7. Are there unresolved ambiguities within our own ranks regarding decentralisation and federalism?
THE NATIONAL LAND REFORM PROGRAMME AND POLICY
The RDP places a national land reform programme at the centre of a broader rural development strategy designed to transform the quality of lives of rural South Africans. The central elements of this land reform programme include: the restitution of land to victims of forced removals through the Land Claims Court and Commission; the redistribution of land through both state assisted land acquisition schemes, as well as through the market; the provision of secure tenure to all SouthAfricans; specific programmes to ensure that the disadvantages faced by women in acquiring and holding land are eliminated; and programmes to ensure that services, including housing, water, sanitation and agricultural support services, are made available to beneficiaries of land reform.
In the months since the establishment of the Government of National Unity, considerable work has been done to ensure that the RDP`s land reform aims and principles are translated into a government programme. The passage of the Restitution Act through Parliament, the establishment of a Rural Financial Services Enquiry designed to broaden access to markets in land and credit to those disadvantaged by apartheid, the establishment of a land reform pilot programme in every province, as well as the initiation of negotiations with numerous communities with land problems are all indicators of progress so far.
Despite these activities and achievements there are still many difficult issues facing the further development and implementation of a national land reform programme. The rest of this input paper will focus on these problem areas as a basis for the deliberations in this Commission.
A DEMAND-LED APPROACH
The RDP stresses the importance of a demand-led land reform programme. This approach means that Government programmes have to be designed to respond speedily and effectively to expressed needs, within budgetary and capacity constraints. It also implies a substantial level of responsibility is placed on the self organisation of potential beneficiaries of land reform. Within this there is considerable space for solutions to land problems to be negotiated at local levels and with the assistance of local level structures such as civics, ANC branches and regions, local farmers associations etc. Experience shows that these locally negotiated solution to land problems, are often the most practical and successful. An important issue for this Conference to consider is how political and other local level structures can play a proactive role in the land reform programme.
REDISTRIBUTION OPTIONS AND AFFORDABILITY
The RDP is committed to the provision of state assistance for land acquisition to those who need land, but do not have the resources to acquire it on the open market. In developing options for redistribution there are a number of important considerations that require debate.
The first relates to the significance of land reform within the RDP and the extent of state resources which should be committed to it. Under the past Government, land reform was a minor issue and no substantial programme of redistribution was in place. This has meant that the new Department has inherited a wholly inadequate budget and a constantly escalating level of demand to have land needs addressed. Indeed, without assistance from the RDP fund, the land reform programme would have not been able to move very far this year
Our view is that a land reform programme is important, in both redressing political and historical grievances as well as contributing to an improvement in the quality of lives and incomes of black SouthAfricans, excluded until now from accessing land as a resource for development. Agreement with this view must mean support for an increased budgetary allocation to the land reform programme.
The constitutional parameters within the land reform process takes place, has directed the programme to a “willing-seller willing-buyer” model of land transfer. Within this framework communities and individuals are encouraged to identify and negotiate for land with the state providing institutional and financial support, rather than taking charge of the process. This approach allows a greater degree of beneficiary involvement in the process, and also eliminates much of the bureaucracy and cost involved in Government holding on to large tracts of empty land. Within this broad approach there are however many unresolved questions, including those relating to the level at which subsidies should be set and the guidelines for identification of beneficiaries of state assistance. Conference input on these issues would be an important contribution to the refinement of the redistribution programme.
IMPLEMENTING THE RESTITUTION PROCESS
The Restitution Act was passed towards the end of the Parliamentary session. Preparations are underway to have the Restitution Commission and the Land Claims Court operational early in the New Year. Already, there are many communities coming forward to make their claim to land. It is important to realise that the Restitution Act operates within fairly narrow parameters and that only claims after 1913 can be considered by the Court. At the same time, it is important that communities in both rural and urban areas have a clear understanding of how the institution will operate and can access it with speed. There is a clear need for a public information campaign that will create a broad understanding of both the limits and possibilities of the Land Claims process. The role of political structures in both spreading information about this process, as well as supporting communities in approaching the Restitution Commission and Court deserves consideration.
RELATIONSHIPS BETWEEN DIFFERENT LEVELS AND DEPARTMENTS OF GOVERNMENT IN IMPLEMENTING A LAND REFORM PROGRAMME
In the Constitution, land reform is defined as an exclusive national function vesting in the central Government. Many of the functions that are integral to the successful implementation of a national land reform programme are Schedule 6 functions. These include responsibility for housing, for rural development, for health, education etc. The Department of Land Affairs sees itself as setting the national policy, being responsible for legislating this, for providing co-ordination, support, finance for land acquisition and any further agreed funding for implementation to beneficiaries. This has been termed settlement support, and in taking it on as a responsibility, reflects the belief that allocation of land without ensuring that is effectively serviced will not improve incomes or the quality of lives.
Within this process relationships with the Provinces and especially with provincial implementation departments and national line functions responsible for service delivery are critical. The small provincial offices of the Department of Land Affairs that are at present being established will therefore fulfill a liaison, co-ordination and negotiation function. The delivery process itself rests with the relevant provincial and national line departments. The success of this delivery process, is in turn dependent on the willingness of these Departments to support the land reform process, as well as the quality of the services they provide.
During the course of this year, substantial progress in negotiating out how these relationships should operate has taken place through the national task team of the Pilot Land Reform Project, as well as through regular meetings with the Provincial MEC`s who have been allocated a land reform responsibility. Input from Conference on whether the nationalprovincial relationship outlined above is adequate to meet the challenges of implementing the land reform programme would be extremely useful.
The question of relationships between the Department of Land Affairs and the Department of Agriculture also requires specific attention. Land reform is a national function with an ANC Minister running the Department. Agriculture is a schedule 6 function, that is dominated by the National Party at both national and provincial levels. The question arises as to whether or not land and agriculture should be integrated in order to deal with the problems that the situation described above causes.
BUILDING A DEMOCRATIC AND DECENTRALISED SYSTEM OF LAND ADMINISTRATION
Once land has been redistributed, or restored to victims of forced removal, a long-term and on-going system of record keeping and administration has to be put in place. Considerable difficulties have been inherited from the way this system has worked in the past. The legacy of both apartheid and colonialism meant the establishment of a bureaucratic, top-heavy and authoritarian system designed to control where people lived and how they used land. In the former homelands, ownership of the vast bulk of the land vested in the state, rather than with the long-term occupiers of this land. In addition, in each homeland, the laws governing land administration were different and so were the authorities and officials responsible for maintaining the system.
Under the new constitution all of these homeland laws have been taken up to a central level and the process of ensuring that administration can proceed, pending a review of the entire system has been a complex and difficult task.
In the long-term, there is agreement that a much more streamlined, simple and less bureaucratic system of land administration should be put in place. There is also a fairly wide consensus that as far as possible, the responsibility for administering this system should vest at as decentralised a level of government as possible – prefer^ ably local or district government level. Simplifying the system is likely to take place in close co-ordination with the tenure reform process and to be part of the process of ensuring that long-term occupiers of land are able to have full recognition for the land rights they exercise.
In the interim and until local government structures are able to fully take on land administration tasks, it is proposed that land administration functions be delegated to provincial governments. Conference views on this approach will be helpful.
A PROCESS TOWARDS TENURE REFORM
ANC policy is committed to ensuring security of tenure for all SouthAfricans within a framework that accepts diverse forms of tenure. This is a major departure from previous policies which attempted to impose individual ownership as the only acceptable form of tenure.
Translating this broad policy position into law has begun with the development of a draft law that creates a framework for community ownership of land, as well as a review of existing legislation with a view to amending it to eliminate discriminatory and prejudicial measures, and especially those that discriminate against women`s access to secure tenure and to land.
It has become clear however, that a consultative process on tenure problems and preferred solutions is necessary as a basis for a major legislative reform. Such a process would involve meetings with different communities and individuals all around the country. Conference input on the terms of reference of such a national consultation would be welcome.
In addition, recent developments that have threatened the tenure security of people whose land rights are not registered has raised the need for interim measures to protect vulnerable groupings. This is particularly important in the former homeland areas where many people do not have any written proof of residence despite their having lived in an area and exercised land rights there, for generations. In some of these areas, developers are entering into agreements that would potentially dispossess these vulnerable occupants of their land rights and their homes. This is of particular relevance to the position of women in these areas. Conference input on how these problems are manifested and the nature of interim protective measures that might be considered would be important.
SPEEDING UP THE PROCESS OF LAND RELEASE FOR DEVELOPMENT
In both urban and rural areas, one of the most serious impediments to reconstruction and development is the time taken to release land for development purposes. This is because of both cumbersome bureaucratic processes, as well as the fact that any objection can hold up projects for long periods.
In order to overcome this, an attempt has been made to develop a fast-track procedure for land release that would allow for rapid delivery of land for both housing and productive purposes. These procedures are embodied in the Development Facilitation Bill (DFB) which is presently before Parliament. This Bill places great responsibility on provinces to establish tribunal structures that could rule on the validity or otherwise of objections to proposed developments. Attempts have been made to brief agencies and constituencies involved in development on the workings of this complex piece of legislation. Input on the success or otherwise of this, as well as views on the DFB will help to identify any further public education processes that need to take place.
RESTRUCTURING, TRAINING AND CAPACITY BUILDING
Like the rest of the civil service, the Department of Land Affairs has a staff that at senior levels, is largely white and male and that has little experience of land reform issues and especially of the delicate negotiations and facilitation work with communities, that is central to successful land transfers. Given constitutional agreements, finding a way to ensure that existing personnel can contribute positively to the land reform programme has been a major concern.
One of the very first tasks upon entering government was to develop a new structure for the department that would reflect the land reform priorities discussed above. This has now been accepted by the Public Service Commission and a number of posts are currently being advertised.
This achievement is the first step in what is likely to be a long-term process of training and capacity building of both new and existing staff. An initial modest training programme has been developed and will be expanded. The critical need for people with experience of community development and facilitation work in rural areas to come forward to work in Government cannot be under-emphasised. The transformation of the civil service is a long-term process. But bringing in new staff with a diversity of experience and backgrounds is the surest way to begin to make progress at this level. The Department is also likely to continue to work closely with NGO`s, universities and other institutions outside of Government that are willing to contribute to the achievement of national land reform goals.
This input has both reviewed progress in relation to the land reform programme to date, as well as requested input from conference that would help to define the way forward in this sector. The successful achievement of the RDP`s land reform targets cannot simply be left to Government. On-going review, assessment and input on both policy and approach is required from gatherings such as this. The need for a proactive approach by political and other structures to land problems within the provinces and at local levels has been stressed throughout. Your contributions to and involvement in this programme are critical to its success.
QUESTIONS AND ISSUES
1. Given the demand-driven nature of the land reform programme, what proactive role can local level political and other structures play in initiating solutions to land problems?
2. What budgetary priority should land reform have?
3. What guidelines and principles should be used in determining appropriate subsidy levels for state financing of land reform, and what criteria should be used in identifying the beneficiaries of this assistance?
4. What role can political structures play in providing public information about the restitution process and how can they support communities in accessing the restitution process?
5. Given the fact that land reform is a national function, but that many land related delivery responsibilities are provincial, should the national department play a primarily policy, legislative, co-ordination and supportive role, with provinces and line departments taking on responsibility for service delivery?
6. Is local government the most appropriate level at which day to day land administration should take place?
7. How should a national consultative process around tenure reform be structured? What should its terms of reference be? should interim measures be put in place to protect the tenure rights of long-term occupiers whose land rights are not yet recognised in law?
8. Is the Development Facilitation Bill widely enough understood. If not, what steps need to be taken to build a public understanding of its aims and procedures?
9. Should the Departments of Land Affairs and the Department of Agriculture be integrated into one ministry? What are the arguments for and against this course of action?
The Reconstruction and Development programme is essentially about two basic thrusts, The first is aimed at addressing the impact of governance under apartheid laws and the second is about eradicating poverty within the context of a growing economy.
The role of agriculture within this strategic framework has been understated. In addition the broader socioeconomic and political considerations that could be taken into account in locating the agricultural sector in the national plan may not have been adequately understood by incoming government members. The purpose of this input therefore, is to attempt to raise the issues of strategic importance of agricultural transformation.
THE NATURE OF THE PROBLEM
Agriculture is one sector which requires much focus and redress. Apartheid in the sector resulted in the existence of a dual system of agriculture which was characterised in terms of scale, race and degree of government support. The combination of these three strategies which were supported by and in also support of the industrialisation process and the segregation of land enactments, led to the generation of myths around the existence of the agricultural sector, which were believed by black and white citizens of the country equally.
The first myth – which started to be destroyed in the late 1 980`s was about the effectiveness and efficiency of the white large scale commercial farming sector. What emerged was a realisation that the cost of government support through non-economic subsidies actually kept many inefficient farmers on the land (political reasons often justified this); this support created the illusion that large scale farming was the only and best option for commercial agriculture and yet, a lot of damage had been done to the quality of the natural resource base as a result of these policies..
The second myth we seem to have inherited is a general scepticism about the capacity of black people to farm. Increasingly, however, evidence is brought forward about the extent to which black farmer`s before 1913 were not only commercial but successful and viable as an entity. It is even a marvel that today after years of systematic exclusion from agricultural support services such as finance, information, research, education and training and access to land and markets – that we still have cases of black farmers who are making a living off the land.
In looking back at the history of struggle, access to land and closely linked to that the opportunity to farm has always been an issue of concern in the experience of our people. Over the years the movement to the industrial centres and the hardship faced in the rural areas, as well as the black sport removals, outlawing of labour tenants, resulted in the increasing isolation of black people and farmers in particular from the agricultural sector. The advent of political change which encompasses land reform and deracilisation has rekindled what was though thought to be dead fire – the wish to farm.
The ANC Agricultural Policy of 1994, posed two basic challenges to the sector – one was to make it more efficient within the framework of the national economy and secondly to broaden access to agricultural resources and services through deracialisation and reorientation. The policy goes to some length to propose new ways of doing things in agriculture which are consistent with the international trends of moving towards sustainable agriculture. However, several basic questions remain which still necessitate debate.
The first is to what extent can the establishment of black farmers be linked to access to land. Posed differently, is access to land (in the rural areas) a gateway to agriculture or is there clarity on the range of land use options that exist. This touches on the interpretation and emphasis given to a rural development policy as against a policy which encourages urbanisation. The question really is what does the ANC want to see – the development of urban metropolitan areas and empty rural areas or a fair balance which takes into account the rural-urban linkages which exist. In our view it is important to support the balancing strategy.
Secondly – what type of farming enterprise is the most viable and fitting within the real conditions – in terms of size; extent and nature of government support and supportive services such as marketing research; degree of mechanisation or use of labour etc. This is a critical point of difference as many of the decision makers in the sector equate small of even medium scale of holding with a non-commercial, welfare oriented type of farming. Whereas the reality is, we have had an artificial representation of the demand for agricultural land and indication of the number of possible farmers. Recent figures show that there could be only 30 000 – 45 000 white farmers (this is a generous estimate), and as many as 240 000 black farmers (which would be a conservative estimate). These figures need to be verified but the implications are that the optimum size and nature of farming activity which is appropriate, and sustainable in South Africa is an area which still needs research and debate.
RELATING TO THE RDP
The key programmes of the RDP, namely meeting basic needs, developing our human resources, building the economy, democratising the state and society and implementing the RDP, find direct application within agriculture. The real issue for the government is locating agriculture strategically within the national economic and development picture.
Economic transformation necessitates that growth and equity issues be addressed. Access to land, and water among others, remain contentious issues of equity within the agricultural sector. If these are not adequately addressed within this five year period, then they can be used politically in the next and even in subsequent elections. An example of this is Namibia where early in the recent campaigns, the opposition raised the fact that the promise of access to land and in particular white-owned farms was not addressed by the SWAPO government as promised. Subsequently, the government has spent 15 million rands on infrastructure for an irrigation project (Presidential Project) which will benefit at most 150 families in an attempt to demonstrate it is doing something. Such actions are often expensive, not thought through or costed properly and could even be non-sustainable. South Africa cannot afford that.
On the other hand, the agricultural sector has a positive multiplier effect and potential capacity to contribute to the economy. This needs to be calculated into the national planning. For example, agriculture produces raw material and goods for the market – local and export; through adding value one can create jobs and higher value goods for the market – again locally or in the international market; agriculture can favour the use of labour more readily than the manufacturing sector; it allows for capacity to address food security and self-employment opportunities. Finally, through the provision of appropriate services one can generate the opportunity to address hunger, nutrition and opportunities to supplement incomes. Thus it is highly strategic in economic transformation.
Poverty, the second major thrust of the RDP, manifests itself in urban as well as rural areas. In the urban areas the options for addressing the problem are linked to welfare or the provision of wage employment. In the rural areas agriculture plays a pivotal role in the redress of poverty in terms of farming activities, related service provision and industries. Welfare provision is not a common feature. In the event that rural people do not have access to options to alleviate poverty they tend to migrate to urban environments and compound the existing problems whereas the reverse rarely occurs except in the event that old people “retire” to the rural environment. Had the urban-rural linkages been adequately taken into account in the RDP, the economic, social and even the political significance of agriculture would have emerged.
Over and above the socio-economic linkages, there are some very direct political considerations about the status of agriculture for debate.
International experience documents a range of cases whereby a food crisis has resulted in political turmoil. It can be demonstrated that political turmoil is in fact one of the causes of a food crisis which further results in malnutrition, hunger and even famine. One example nearer to home is the case of Zambia where essentially the absence of a comprehensive agricultural policy resulted in urbanisation over the years following independence. At the point of collapse of the copper price the impact of this gap became more evident and it was the changeover in the pricing policy (to fit the terms of the IMF but also to make the maize pricing more market related) that sparked off the riots in 1991. This added to the factors that led to the downfall of Kaunda. In South Africa there are related scenarios.
The stronghold of past governments in South Africa has been the agricultural sector – the farmers and the industries. In recent years the nature of this relationship has been strained by the move towards a more market related economy and the reduction of sustainable subsidies.
The bulk of the ANC support in the election in April came from rural areas where the source of income is largely remittances and the area of hope is agriculture.
The IFP support is in rural areas where farming activities have been supported in the past by the KwaZulu government and control has and is maintained over people through their relationship and access to land.
Part of the Western Cape`s economic strength is tourism and exports, both of which are based on the agricultural activities in the area (fruit and grapes) as well as the adjacent wine and processing industries. This is now an NP stronghold. Past policies in agriculture have supported farm labour housing granted mainly to coloured workers and thus creating dependency relationships.
It is our view that these scenarios require reflection on the ANC strategy towards the agricultural sector. The strategy will have direct implications for the extent of the contribution agriculture makes towards the economy as well as the securing of the rural vote for the next election.
ACTIVITIES TO DATE
After the election, a new policy framework was developed which essentially lays out principles which would govern the sector as a whole. The implications of these principles will need to be tested against all activity within the sector. The principles reflect consensus on different viewpoints as the processes was consultative and engaging. Not only did the Deputy Minister sit on the committee, but we ensured it was not dominated by white farmer interests and in addition, inclusive of the previously excluded groups of people on the committee and in the broader plenary discussion sessions. The document has also been widely distributed and the draft policy is due to be presented to parliament early in the new year.
Within the Department of Agriculture, the reconstruction and development activity is captured in the Broadening Access to Agriculture Thrust (BATAT) strategy. What is intended is that by effectively broadening access to all farmers – the department is pushed to re-orient it`s service provision and through a learning process develop new ways of doing. Ultimately the choice of optimum farm size and type will determine the focus of government support. BATAT is a process through which design teams at national and provincial level will develop new ways and mechanisms for delivering services to the broad spectrum of farmers (as identified in the new policy document). These services will cover the range of financial assistance issues; human resource development; technology development; delivery systems – institutions, extension services, etc and marketing. Essentially BATAT is a thrust which is directed towards meeting the needs of all farmers that can best be met through the provision of government services. It will work comprehensively through the provinces whilst developing their capacity to implement the provisions of Section 126 of the Interim Constitution; and should result in developing the capacity of the department of agriculture to manage the agricultural sector as a whole in an efficient and effective manner through the creation of a favourable environment for implementation of policy.
In order to achieve this discussion have been held with the MECs for agriculture; their top technical and management staff and local and international experts. Design teams have been established at national level and two workshops are planned for provinces this year where the provincial teams will start working. RDP funding as well as other international resources have been found to support this initial phase which will include study tours for decision makers and exposure trips for farmers to experience diverse farming and agricultural activity. Resources from within the department have also been directed towards supporting this programme. Thus while the RDP fund contribution is four million rands, the total amount potentially is 12 million rands.
Key performance indicators which will determine progress and success of the programme have been identified and these will be monitored by the department. There is also a very close working relationship with the RDP office and through them the other government departments.
Some of the problems encountered relate to the interpretation of the constitutional provisions for provincialisation of agricultural functions, which then result in resistance to the adoption of a common strategy to address what is really a national problem. Resistance thus steps in and little progress is made. In an attempt to deal with this we attempt to engage the different decision makers within the department at a national and provincial level. We will also use some funds to support the secondment of black technical experts to the department for a three month period in an effort to broaden their understanding of the nature of the problem.
On the other hand we cannot assume that there is capacity among the disadvantaged to activate a real demanded programme. Thus within BATAT we will address the capacity of black farmers to articulate their needs and lobby for support. Linked to this we have had one strategic planning session within the department which has demonstrated that they cannot be structured in the old way or even continue to operate in the old way. The process is continuing.
The image of agriculture in the country is negative and low and thus we find that not enough information of the status of the sector and the opportunities, challenges and threats to the sector are being covered by the media. This we intend to address through a deliberate information/communications strategy.
A really critical problem is the political status of the department of agriculture. There is not enough pressure on them to feel the need for change at national level as well as in most of the provinces. This is actually a more complex problem which needs a deliberate decision on strategy.
QUESTIONS AND ISSUES
1. How do we ensure sustainable agriculture? How do we obtain food security?
2. Viability of farming enterprises: government and support services – what must be done?
3. Access to land and water: how will this impact on agricultural policy? What must be done to ensure access and equity?
4. The impact of urban/rural linkage on the RDP: what is the significance of agriculture in this regard? What are the options to address the issue?
5. Addressing the needs of black farmers: How?
LOCAL GOVERNMENT POLICY
Government shall be structured at national, provincial and local level. The powers, functions, duties, and structures of the first and second tier shall be defined by the Constitution. The Interim Constitution defines local government as a concurrent responsibility of central and provincial governments. The comprehensive powers, functions and duties of local government shall be provided for in both national and provincial statutes.
The primary function of local government is to serve the local community and to respond to its needs and demands.
The task of local government to ensure that all residents have equal access, free of any form of discrimination, to housing, water, sanitation, electrification, transportation facilities, primary health care, educational facilities and child care facilities within a sustainable environmental. In addition, a range of social services, including community policing, shall be provided. Local government shall contribute actively towards the redistribution of resources on the basis of race, class and gender.
The primary political responsibility for providing and ensuring the availability of affordable services to communities within its area of jurisdiction shall be vested in local government. The financing, planning and implementation of policies may be a joint responsibility of national, regional, community and/or private sector. Tariff structures for all essential services shall be based on ability to pay, in order to ensure that the poor have access to these services.
Local government shall strive to redress the historical apartheid imbalances within its area of jurisdiction, promote a balanced and equitable urban and rural development which is directed towards creating a decent, healthy, dignified and peaceful living environment for all.
* rehabilitating collapsed infrastructure, systems and facilities to ensure the provision of basic municipal services; * extending the infrastructure, systems and facilities for providing basic municipal services; and * creating institutional financial capacity to operate and maintain new and restored services.
Local Government shall be structured according to the democratic principles of accountability, inclusivity, non-
racialism, non-sexism, maximum participation, and full representivity. In order to achieve these goals and plan properly, local government should have guaranteed, transparent, and predictable and equitable sources of revenue.
The delegated functions and duties provided to any local authority should be developmental as well as simply allowing for service provision.
There shall be regular local government elections in both rural and urban areas, based on a combination of proportional representation (PR) and constituency-based representation. This representation between PR and constituency-based electoral systems shall be on a 60/40 basis. At least every third person on local party lists shall be a woman. Political parties shall ensure actively that the nomination process for constituency representatives is open to women.
The tenure of office of local government councillors shall be not less than three years and not more than five years.
Traditional leaders, where applicable, shall elect an ex-officio member to the council. The ex-officio representation should not overwhelm local governments and where there are many tribal authorities such representation should be of Regional Authorities.
Once elected, all representatives shall receive training. This shall be the state is responsibility. (In the transition period, the public and private sectors should jointly make it their responsibility to ensure skills development and capacity building of people previously prevented from standing for office in local government, whether on the basis of race, class or gender.)
It shall be the responsibility of all political parties, as well as the state is responsibility, to remove constraints which prevent women from standing for office in local government elections. This may include material forms of support, such as provision of child care or reimbursement of child care costs.
Local government in both urban and rural areas shall promote the establishment of structures of civil society. In addition, civil society should actively participate in the affairs of local government. Local government shall, wherever possible, involve organisations of civil society in decision-making.
One way of making government accessible to the community it serves is through community forums. In urban and rural areas, organs of civil society, including NGOs, formal and informal women is organisations, and religious or traditional structures, shall be entitled to establish local forums for the purposes of:
* identifying policy issues relevant to the areas within which such organs operate;
* making recommendations to local authorities in respect of the level and quality of services to be provided;
* interaction with elected local government councillors and officials in order to advise on policy proposals proposed by council and other service delivery authorities.
Community forums must be inclusive, representative, and ensure that the voices and concerns of marginalised sectors of our society (women, youth, landless, farm workers) are heard and respected.
These forums shall be linked to the delivery of the local RDP programme and local economic development to ensure that the RDP is participatory, people-orientated, people-driven and democratic.
The ANC believes that communities are the custodians of culture, customs and traditions on the ground and that such community values should be expressed and respected subject to the Constitution and the Bill of Rights – in particular, the equality clause.
In the urban and rural areas, organs of civil society shall be entitled to establish local assemblies/peoples forums twice a year to give the community and individuals within the community an opportunity and right to address local government directly. Local government shall respond to any questions and concerns put forward.
Other forms of participation in formal and informal local government structures should be developed relative to specific local government institutions, for example, schools, transport, access to justice, etc.
LOCAL GOVERNMENT EXECUTIVE
The local government council shall elect from within its members an Executive/Management committee which will manage the day to day business of council. Ideally, men and women should be adequately represented on this structure. No one should be excluded from election to the Executive Committee on the basis of lack of formal qualifications.
Council shall appoint a number of standing committees, for example, finance, services, transport, gender etc.
DEMARCATION OF BOUNDARIES
Principles for demarcation of boundaries:
* In demarcating boundaries an ANC government shall strive to unite areas previously divided by apartheid laws. Communities located within economically coherent areas of a city or town, but historically divided or excluded by apartheid local authority boundaries shall be included in new boundaries of local government.
* In demarcating local government boundaries in the rural areas, cognisance shall be taken of the specific needs of traditional communal areas, rural settlements outside communal land areas and commercial farm areas.
General criteria for demarcation of boundaries:
* The promotion of non-racialism and non-tribalism as well as equality of access of residents to a local government tax-base; * The unification of areas previously divided by apartheid laws; * Interdependency and community of interest between all residents in respect to work, commuting, infrastructure, services, recreation and residency.
In metropolitan areas, there shall be elected metropolitan governments, which shall be part of the third tier of government, with powers and functions necessary to deliver services in such a manner as to redress historical imbalances and to ensure maximisation of benefits from economies of scale and contribute to coherent socioeconomic development.
Below the metropolitan government there shall be primary local authorities for purposes of bringing administration and the provision of services closer to the people and increasing the responsiveness of local government to resident s needs. These primary local authorities shall be referred to as metropolitan sub-structures (MSS).
Stand alone mega cities may be divided into smaller administrative units for the purposes of collecting rates, rents, service charges and other levies. These offices shall also be used by residents to report complaints on matters falling under the jurisdiction of the relevant local government.
NON-METROPOLITAN LOCAL GOVERNMENT
Local government structures shall be established wall to wall throughout the country. In non-metropolitan areas, local government shall be structured on a two tier basis consisting of integrated elected district and local councils. In the transitional phase, district and local councils shall operate much like their metropolitan counterpart and its sub-structures. While there are two tiers of local government, each level should operate as part of an integrated whole, with the assignment of powers and functions being democratically determined.
Both district and local councils shall be based on the principles of non-racialism, non-sexism and one municipality one tax base.
District and local councils shall be demarcated in such a way to incorporate townships, informal settlements, commercial farming areas, villages, trust lands, tribal and communal areas so as to ensure benefits from economies of scale. District councils shall play a important role in coordinating development and planning and ensuring adequate and efficient provision of services in rural areas.
Local government shall have its own sources of revenue commensurate with local government powers and functions. Its sources of revenue shall include its own local taxes, user charges and inter-governmental grants and loans. Local government tax structures shall be progressive, based on ability to pay, and shall not unduly burden poor households. Need shall be an important factor in determining intergovernmental transfers. Intergovernmental transfers shall be provided in terms of an overall development plan, and occur both vertically and horizontally i.e. local government will receive funds from central and/or provincial government (vertical) and there will be transfers from wealthier to poorer local authorities as well (horizontal).
Metropolitan councils and district councils shall, through the above sources of revenue, have the responsibility for financing its own services and ensuring that a basic minimum of primary local authority services are maintained in all areas under its jurisdiction. Metropolitan councils and district councils shall therefore have precedence over primary local authorities in sharing the local tax base.
Local government financing shall be transparent, accountable, sustainable and efficient.
Local government shall not borrow to finance operational costs, except as a bridging finance within the framework and subject to the norms, conditions and requirements laid down in national and provincial statutes.
Local government shall be responsible for land-use planning, transportation planning, etc. in its area of jurisdiction subject to national frameworks and/or guidelines. Planning shall be one of the tools used to integrate urban areas, rural areas, and the two with each other.
Zoning legislation shall be designed to encourage and guide the redistribution of resources, as well as the reconstruction, integration and development of cities, towns and rural communities.
Local level planning shall be part of an integrated system of planning, involving both provincial and national levels. In many cases local government will be the implementing agent of aspects of this integrated system of plans.
Planning processes shall be transparent and shall encourage maximum participation of residents. It shall be the responsibility of local government to ensure that there are avenues and mechanisms for the effective consultation with and involvement of the public in planning processes and decisions.
Planning shall respond to the needs of residents and shall be the used actively to facilitate sustainable local development.
Planning shall strive to make the environment safe and accessible for women.
LOCAL RECONSTRUCTION AND DEVELOPMENT PROGRAMMES
Local government shall ensure the participation of organs of civil society in the delivery of the local Reconstruction and Development Programmes through community forums. Local government in conjunction with the community forums shall ensure a participative and people driven process.
Local government shall play an active role in capacity building at the local level and shall ensure education and dissemination of information at the local level on the Reconstruction and Development Programme. Local government shall consult on the implementation of the RDP and management of specific projects.
ADMINISTRATION AND STAFFING
Local government shall promote accountable, transparent and democratic administration, within an overall framework which provides efficient and effective delivery of services and functions. There shall be an enforceable code of ethics for councillors and a code of conduct for staff of local authorities.
Local government shall implement and manage the process of transition such that the stability and continuity of local government services and functions is maintained, while at the same time, major institutional, financial and political restructuring takes place, with the aim of establishing an efficient, equitable and representative administration and staffing structure.
Various affirmative action measures and employment equity measures shall be instituted to ensure equal employment opportunities and representative staffing patterns. Affirmative measures shall, within national and provincial frameworks, address representation of constituencies previously under-represented in local government administrations.
Affirmative action shall be implemented not only with respect to staff, but also with respect to appointments of boards and advisory committees, and the granting of contracts.
Local government shall in cooperation with organisations of civil society and other training institutions design and develop training programmes in order to upgrade the quality of its employees and to improve the performance of the council.
The aims of a local government training programme shall be to:
* meet the training and capacity building needs of the historically disadvantaged communities and community organisations;
* address the training needs of potential councillors and officials;
* meet the orientation and retraining needs of the current local authority needs, including middle and top management.
Training shall recognise the need to change behaviour, attitudes and culture within local government as well as build broad capacity within disadvantaged communities.
Training shall be offered in four areas:
* retraining (existing staff)
* training for advancement
* training of newly elected/appointed representatives and officials
* public education
In all training, those who have been marginalised shall be given priority, whether such marginalisation has been spatial (e.g. in rural areas), racial, based on gender, or any other form.
GUIDELINES IN PROCESS FOR SELECTING COUNCILLORS
PRINCIPLES UNDERPINNING THE SELECTION OF COUNCILLORS TO STAND FOR ELECTIONS TO LOCAL GOVERNMENT
1. ANC ALLIANCE: That the first nonracial municipal elections are continuation of the liberation struggle led by the ANC Alliance.
2. TRANSPARENCY: That the selection process for people to stand for elections should be as democratic and transparent as possible.
3. ELIGIBILITY: That all members of the Alliance and SANCO are eligible to be councillors as long as they qualify to be a candidate in terms of electoral regulations and that they have not brought the ANC into disrepute.
4. BROAD-BASE: That the nominations must ensure a good spread of comrades along racial, gender, geographic and other lines. The proportional representation lists should have at least fifty percent women on them. In addition the list should be as nonracial as possible.
5. EXPERIENCE: The nominations must ensure that comrades are selected who collectively embody a range of experience in local government, community affairs and negotiations) and overall good quality and credible leadership. In addition, the proportional representation list should include candidates with the necessary skills to deal with financial and legal issues.
6. LIST COMMITTEES: List Committees must be established as follows: (i) a National List Committee; (ii) Provincial List Committees in all Provinces; (iii) Metropolitan/District List Committees for all metropolitan areas or districts; and (iv) local council/metropolitan sub-structure List Committees for all local councils or metropolitan sub-structures. These list Committees will be variously tasked to ensure the selection process in properly implemented.
7. ACCOUNTABILITY: All potential councillors will need to sign a sworn statement that they subscribe to be policies of the ANC and that if they do not remain accountable will have to resign their seats and be replaced by another selected comrade.
8. CODE OF CONDUCT: A Code of Conduct will be developed to ensure that all councillors from the alliance display integrity and are good representatives of their communities.
1. The Provincial Executive Committees, in consultation with the SACP COSATU and SANCO must establish List Committees for their Province.
2. OPERATIONS: In addition, for each Council there must be a List Committee established.
3. POWERS: The List Committees will have the power to review all nominations arising out of local nominations conferences to ensure they meet the broad principles outlined above. The actual powers of each List Committee will be determined by the national Elections Commission
4. COMPOSITION: The List Committees will consist of the following: representatives from the ANC, Women`s League, Youth League, COSATU, SACP, SANCO. Anyone who is a candidate for any local government council or is a relative of any candidate is disqualified from being on any List Committee.
5. NOMINATIONS: The List Committees will receive nominations in a number of ways. The nominations process must be completed before the end of June 1995.
POLICY ON RURAL LOCAL GOVERNMENT
The Interim Constitution provides every South African the right to vote for national, provincial and local government of their choice. The whole of South Africa shall be divided into local government jurisdiction in order to secure this right for all South Africans irrespective of where they live.
Section 21. (2) states that “every citizen shall have the right to vote, to do so in secret and to stand for election to public office.”
Throughout South Africa there shall be two tiers of local government. The demarcation boards should divide all provinces into metropolitan areas and non-metropolitan districts. There will be two tiers of local government in each of these areas.
DEMARCATION OF NON-METROPOLITAN GOVERNMENT
District Boundary demarcation
Non-metropolitan/district councils should encompass the following: that they incorporate a number of settlement types (particularly market towns and centres); that they incorporate complete rural settlements (such as distinct tribal authorities); that they encompass areas which are functionally linked; that they overcome economies of scale in respect of service delivery; that they musn`t be too large to be unmanageable.
Criteria for such demarcation of Districts should be: aggregating magisterial districts with minor modifications; functionality and commuting links; administrative considerations; rationalise apartheid-governments; minimising dislocation of services; demographic considerations; economic cohesion and functionality.
Local council demarcation
Once the boundaries of District Councils are demarcated, then they should be internally delimited into Local Councils (these could be stand alone towns or rural area/section) and further ward delimitation should occur.
Structures of non-metropolitan government: District Councils are to be divided into Local Councils which might include different settlement types, and further divided into wards.
Powers and Functions:
The District Council as a whole shall democratically decide how powers and functions are to be allocated to the two tiers of local government (district level or local council level). Initially, particularly developmental powers and functions shall be assigned to the District level.
The district and Local Councils shall consist of 40% of their councillors elected through proportional representation and 60% elected at a ward level.
The Interim Constitution provides that there shall be traditional Authorities and a system of traditional leadership in those parts of the country where traditional Authorities existed immediately prior to the adoption of the constitution. The traditional leaders of a community observing a system of indigenous law and residing on land within the area of jurisdiction of an elected local government … shall ex officio be entitled to be a member of that local government and shall be eligible to be elected to any office of such local government.
The basic functions and powers of traditional authorities should be:
* the responsibility to promote the well-being of residents and the development and improvement of land in tribal areas;
* the right to hear both civil and criminal matters;
* the right to impose tribal levies, certain taxes and fees;
* to allocate communal land
* to collect levies
The powers of regional (or territorial) traditional authorities are:
* to supervise and assist, in an advisory capacity in the administration of the affairs of the constituent bodies;
* to promote the advancement and general interests of the inhabitants of the region;
* to advise the government on a variety of matters.
The policy approach of the African National Congress therefore suggests a distinction must be drawn between governmental structures and traditional authorities. Traditional authorities are not local governments. ANC policy suggests a symbiotic relationship between governmental structures and traditional authorities.
LOCAL GOVERNMENT ELECTIONS: CAMPAIGN STRATEGY
NOTE: This document looks specifically at a local election strategy and focuses on tasks for local election teams. This document has been reworked after a number of provincial consultative workshops and branch workshops.
The transformation of local government from apartheid to democratic structures is key to our reconstruction and development programme. Local government is very important because it is closest to the people. It is at this level that we can contribute to building a better life by providing basic services like water, lights, sanitation, transport, housing etc. The challenge is to elect and build strong local governments with the capacity to deliver and effectively represent local communities.
The local government elections present the following challenges:
* We have to fight about 600 elections in the whole country, the campaigns will be fought locally;
* We cannot rely only on the popularity of our president because we need to popularise local candidates;
* Our election message has to focus on local issues as well as national issues;
* People will judge us on our record in government.
AIMS OF THE CAMPAIGN
The specific aims of the election campaign include:
1. To make sure that we win convincingly in both ward and PR elections.
2. Ensure that at least 95% of the voters are registered on the right voter`s roll and are able to participate in the process.
3. Make sure people know how to vote.
4. Build our organisational capacity and set up an effective and uncomplicated structure to deliver the votes to the ANC.
In order to achieve the above aims, there are a number of tasks that face us. These tasks have been divided into five phases. These tasks may be added to as the campaign progresses and depending on local conditions.
DEVELOPING A STRATEGY AND MESSAGE FOR THE CAMPAIGN
Strategy involves deciding which categories of voters in which particular areas we will be targeting. For example, in the last election, we targeted as our base all African voters but put some emphasis on women and rural areas and we put extra effort into Natal, N.Tvl and Transkei. Further, we targeted Indian and Coloured voters as our main expansion target which meant extra attention and resources went into the W. Cape and to a lesser extent, Natal. A more limited effort to reassure White voters was made (in some regions, far too much energy went into this effort).
This time around, we need to firstly make a detailed analysis of the last election results (the ANC got 63% of the total votes, almost 97% of these votes were from African voters). We need to extend this analysis to each province, and each local council area within the province. To develop the strategy we must have a firm knowledge of the community and political profile of each of the 600 local council areas and decide which are clearly ANC strongholds, which are marginal or strongly contested areas and which are very weak support areas. Following this, tough decisions must be made about what type of effort will go into the strongholds, which of the marginal areas are strategic to win and which are hopeless areas we concede. Strategy at a local level will have to determine which communities or sectors within the local area we are targeting or which geographic section of the local govt. area we are targeting. When we develop a strategy we must understand that we do not have the resources and people to address the whole country with equal effort.
Message involves two aspects:
a) What are we going to say to the voters to persuade them to vote ANC and;
b) What are the most effective ways to get the message across.
In the last election, we built around the core message “working together for a better life for all”. We focused on 2.5 million jobs through a public works programme, 10 years free education, 1 m houses and peace. In the later stages of the campaign, we also focused on the NPs record in relation to those four issues specifically. We reassured people of our commitment to reconciliation and promoted Madiba as the best president for the country. In this election, the situation will be more complex because people will be assessing what we say by what we have done in government in the past 18 months and local elections will focus more on what the ANC is saying in that local area. This does nor mean that we cannot have a national message with a provincial or local flavour. The challenge will be to work out an appropriate national and provincial message with guidelines for what is added on locally.
To get our message across, we will need to decide on the right balance between our own printed media (millions of pamphlets printed in the last election are still lying in Shell House) and advertising through radio and newspapers (which is very expensive). We also need to strike a balance in our voter contact work between mass meetings and events at which we have leaders speaking and other public events, and door to door canvassing work. blitzes into unorganised areas etc.
Phase 1 – Jan to end Feb: Planning and registration phase * Run voter registration campaign – main task.
* Monitor the setting up of transitional local council structures and arrangements for elections in rural areas.
* Appoint branch election coordinators.
* Set up local election teams with branches and alliance structures from same local council election area. See section on election structures.
* Build local alliances with organisations willing to support an ANC campaign.
* Develop local campaign strategy and issues for local message based on national message.
* Identify target areas – strong support, weak support.
* Work hard in weak and unorganised areas but don`t waste time in “hopeless” areas.
* Take up local issue campaigns linked to RDP work.
* Send the right people to training workshops.
* Monitor TLC/TMC preparations for elections.
* Ensure that they put skilled people on the Council election committees and as voter registration officers.
Phase 2 – march to July: Registration, lists and local issues
* Intensify and complete voter registration process.
* Set up local list committees made up of political leadership from organisations in a local electoral alliance. (List process guidelines will be sent in Feb).
* Begin to choose candidates according to list guidelines.
* Complete list process for the selection of PR candidates and ward candidate selection.
* Intensify local issue campaigns/RDP work.
* Hold people`s forums to get feedback and develop local message based on national message.
* Popularise candidates especially ward candidates.
* Make sure right people attend training workshops.
Phase 3 – Aug to 15 Sept: Voter education and canvassing
* Begin voter education on a large scale.
* Train volunteers on campaigning and canvassing.
* Assess and tighten up structures, strategy and plans.
* Identify party agents for all voting stations and send them for training.
* Hold high profile activities such as public debates, house meetings, information tables. Use candidates.
* Start door to door work – canvassing and voter education.
* Make sure ward candidates meet every voter in the ward.
Phase 4 – 15 Sept to elections: Intensive campaigning
* Increase campaigning efforts, door to door work, radio advertising, public events, rallies etc.
* Make sure all voters know where to vote and how to vote.
* Set up effective machinery on election day to get out the vote.
* NOTE: Do not run an intensive campaign too early.
ANC STRUCTURES AND ELECTION STRUCTURES
Provincial Election Team
Coordinator + leaders of Alliance, WL, YL + SANCO plus
Organising DIP Local Govt Party Liaison Admin and Fundraising 5 people 3 people Coordinator Officer finance coordinator
Metro Election Team
Coordinator + Alliance and SANCO representative plus
Local Team Reps Provincial Team Reps TMC Liaison Coordinators Coordinator Councillor from Media Liaison Organiser election sub-committee MediaLiaison
Note: District Election Team
The structure of a district election team for rural local government elections, should be decided in the province after there is clarity on how these elections will work. The main role of a district team will be to coordinate media and share resources in rural areas. The national team will produce some guidelines on District Teams as soon as possible.
Local Election Team (Joint campaign team for local council area)
Coordinator + Alliance and SANCO reps + all branch election coordinators plus
Campaign team Media Fundraisig TLC Liaison Branch coordinators Media Liaison Coordinator Councillor from Alliance organisers + speakers election Media production sub-committee
Branch Election Team
Coordinator + Branch Executive + task team heads
Voter Voter Media Public events Local issue Fundraising registration Education distribution campaigns & canvassing
Our experience in the April elections taught us the following:
1. We need simple and efficient structures to deliver the vote.
2. We need a single coordinating structure with no separation between the political and implementing structures.
3. People in specific portfolios must be trained and should not chop and change in portfolios after training.
4. The election co-ordinator at all levels must be skilled, committed and efficient and must not have other tasks in the ANC.
5. The co-ordinator must be co-opted onto the political structures and report directly to them.
6. At each level we need one coordinator who is accountable for the overall campaign, resources and finances and who reports to the coordinator above them.
7. We must involve the Alliance, SANCO and other organisation which endorse the ANC campaign in our election structures.
The Provincial Executive Committee (PEC), together with the provincial leadership of our allies will give political direction to the campaign and will appoint the coordinator.
A full-time election coordinator will head the Provincial Election Team that runs the campaign. The coordinator could be the head of organising or the provincial secretary, but if they lack the experience or the time to devote to coordinating the campaign, an election coordinator must be appointed by the PEC. The coordinator must sit on the working committee or management team in the province and should attend PEC meetings. The coordinator must be appointed by the end of January.
We cannot afford to set up separate structures for the elections, but must use the departments that exist in the ANC to staff the task teams. In each of the relevant departments, either the head or a competent and experienced person must devote themselves to the election campaign and must sit on the election team. The departments affected are: Organising, DIP, Finance, Administration, Fundraising. Volunteers can be recruited to assist the task team heads.
The Election team must find meaningful ways of involving the Alliance and other MDM organisations in the work of the campaign. remember that most of the work will have to be done by the Local Election Team. The main tasks at the provincial level will be to support the local campaigns through advertising, fundraising, media, advice, leadership deployment and research.
Organising – The bulk of the campaign – public meetings, voter registration, canvassing, media distribution, training, etc. -will be coordinated by the organising department. The head of organising and some of the organisers must be part of the election team.
DIP – media liaison, research and information, media production, speaker deployment and public relations
Finance and administration – budgets and financial control, campaign administration.
Fundraising – provincial fundraising campaigns
Local government coordinator – monitor TLC preparation, deal with problems.
Party Liaison Officer – serves on the provincial party liaison committee.
Regional organisers and sub-regional offices will be used to communicate between the provincial and the local structures -there is no sub-regional election team.
At a Metro Level, where millions of voters live, PECs will have to set up a very strong structure that is a mix between the provincial and the local structure.
The main task of the Metro Election team is to coordinate the work in the different MSS Election teams especially in terms of media liaison and media production. Both the Provincial and the Local Election Teams must be represented here. There is also a full-time coordinator to help set up the MSS Election Teams.
In the rural areas there may be a need for a coordinating structure for the District Council elections. As soon as there is clarity on how these elections will work, the National Election Team will send guidelines to the provincial Election Teams.
LOCAL LEVEL (Local Council or MSS level)
For each area covered by one election for a local council, an ANC campaign structure must be set up. All branches as well as the Alliance and SANCO and other MDM structures should be represented on the Local election Team. (The election coordinator from each branch plus one senior person from the SACP, COSATU and SANCO). This local Election Team will run and co-ordinate the campaign for that local council election.
The coordinator must work fulltime for the last four months of the campaign.
Campaign tasks The Local Election Team should have four task teams:
Campaign Organising Team – made up of all the branch election co-ordinators and Alliance and SANCO representatives. they will plan and coordinate local issue campaigns, voter registration, canvassing, public events and voter education. Most of these will be implemented at branch level by branch task teams.
Media Team – one person for media production, one for press and speakers.
Fundraising team – one head working with branch fundraisers to raise campaign funds.
TLC Liaison on election preparation – one of the ANC councillors that sits on the council`s election subcommittee.
Each branch should elect an election co-ordinator. It could be someone on the Branch Executive Committee (BEC), or a member who then sits on the BEC. The whole BEC has to work on elections as the most important local task. The coordinator will attend the Local Election Team meetings and report to the BEC. At branch level the coordinator plus the BEC will plan and run the campaign.
Task teams can be set up to perform the key tasks at branch level:
* Registration and canvassing,
* Media distribution,
* Public events
* Local campaigns
* Voter education
QUESTIONS AND ISSUES
The Commission on Local Government is looking at both the campaign strategy for local government elections and local government policy. Some issues and questions to be considered include:
1. How are the TLCs and TMCs operating? What are the main difficulties?
2. What are the problems and what are the prospects for the ANC as we move into the local government election period?
3. What are the key problems and prospects in areas where there are no transitional structures in local government?
4. Traditional authorities and local government: what are the relations and how will this function?
5. What are the key issues in local government in terms of development and the RDP?
6. What is the relationship between provincial governments and local governments?
7. What are the challenges facing the ANC for the local government elections?
8. What are our aims in the election campaign?
9. Discuss the proposed election structures to run a winning campaign for the ANC.
10. Discuss the proposed programme of action for the election campaign.
11. What principles should guide our list process and selection of ward candidates for the elections?
THE CONSTITUTION MAKING PROCESS
Prior to and throughout the multi-party negotiations the ANC maintained that the constitution for a democratic South Africa had to be drafted and agreed by a body of elected representatives i.e. a Constitutional Assembly.
In the negotiations an Interim Constitution was agreed which allowed democratic elections and which now provides the constitutional framework for the present government. This constitution provides for the Constitutional Assembly (C.A.) in which the work of preparing the new Constitution has begun.
The National Conference needs to discuss and adopt positions on the following:
1. The broad principles and values we want to include in the new constitution, and which will serve as immediate guidelines for all those involved in the constitution making process.
2. The process that the ANC should follow to obtain a mandate for the content of such a new constitution.
3. How do we ensure that ANC Structures adhere to this mandate during the constitution making process.
4. Are the structures adequate to provide for political decision making; sufficient co-ordination at national provincial and local level; and maximum participation of ANC members in the constitution making process.
To assist the discussion we set out below
Section A – The Structures Processes and Procedures of the C.A.
Section B – Existing Policy positions of the ANC
Section C – A preliminary set of Constitutional Principles which can guide our representatives: for consideration and adoption by Conference
Section D – Structures of the ANC in the Constitution Making Process
Section E – Participation of ANC members in the C.A. Process
Section F – Recommendation for a National Consultative Conference
SECTION A. THE STRUCTURES PROCESSES AND PROCEDURES OF THE C.A.
The Constitutional Assembly itself consists of 490 members, that is, all members of the National Assembly and the Senate. This is the highest decision-making body which will debate and finally adopt the new constitutional text. The CA is presided over by a Chairperson, Cde Cyril Ramaphosa, and a Deputy Chairperson, Leon Wessels.
In order to carry out the task entrusted to it, the CA has had to set up a number of sub-structures and committees. These are outlined below.
The Constitutional Committee consists of 46 members. Its main function is to coordinate the process as a whole, on behalf of the CA. All parties represented in the CA, are, as with all structures in the CA, represented in the CC on a proportional basis determined by their representation in the CA itself. The CC is the only body mandated by the CA to undertake some level of negotiation and decision-making. The CC reports directly to the CA and is responsible for preparing reports and agendas for the CA to consider.
The Management Committee, of 12 persons, deals with matters of process and not substantive issues. It also prepares agendas for the CC, prepares reports for the CC, and deals with day-to-day management and overseeing of developments in the structures.
Theme Committees are made up of 30 persons each. Each Theme Committee deals with a specific aspect of the new constitution and is presided over by three chairpersons and a core group of seven to eight persons. These committees are the real work horses of the entire process. They are responsible for processing matters and preparing reports for the CC to consider and pass on to the CA itself. These committees are also the main interface with the public, receiving submissions from a host organisations, institutions and individuals. They receive and collate views from the broader public on the constitution. They also receive submissions from political parties, and develop and process these concepts and views. They are not entrusted with decision making powers and only identify contentious and non-contentious matters and make recommendations to the C.C.
The six theme committees are as outlined:
* Theme Committee One – Character of the Democratic State
* Theme Committee Two – Structures of Government
* Theme Committee Three – Relationships between Levels of Government
* Theme Committee Four – Fundamental Rights
* Theme Committee Five – Judiciary and the Legal System
* Theme Committee Six – Specialised structures of government
Theme Committee Six has broken up into four sub-committees because it deals with a broad range of issues. The four sub-committees are: public service and administration; transformation and monitoring; security apparatus and: financial institutions.
The CA has committed itself to ensuring that the broader public are afforded the opportunity to participate directly in the process of constitution-making. The ultimate objective is to draft and adopt a credible and enduring constitution which will enjoy the support and allegiance of all South Africans. It is felt the new constitution should not only represent the aspirations of all our people, but must itself be a people-driven process.
The objective of the community liaison strategy adopted by the CA is to facilitate an interface or dialogue between the South African people and their elected representatives by consulting the population at various levels and at various stages of the process of constitution-making.
To this end, the administration of the CA has been mandated to develop a countrywide programme of conferences and forums to allow the public to participate. The main form of participation will of course be written submissions. However a programme of conferences, organised mainly at universities, will allow all sectoral organisations in civil society to interact and contribute to the new constitution. Meetings will also be organised at local community level at which members of the Theme Committees will engage the broader public in debate and listen to views.
This will be accompanied throughout by a comprehensive media campaign whose objectives are to inform, educate. stimulate public interest and create a forum for public participation.
It has been agreed that a special effort would be made to reach disadvantaged sections of the population in rural areas.
The CA has broken up the process of drafting into six conceptual phases:
l . This phase consists of analysis and evaluation of the full extent of the mandate of each Theme Committee, receiving and processing submission and producing reports for the consideration of the CC.
2. This phase consists in the main of drafting in which political positions will translated into legal text. Much of the drafting however will also take place on an ongoing basis.
3. In this phase the draft will be referred to the Constitutional Court to ensure compliance with the constitutional principles. Again, however. there will be ongoing referral and this will not be restricted to a particular period of time.
4. In this phase the text will be placed before the public for further discussion and debate.
5. In this phase, the text will now be ready for debate and adoption in the CA.
6. In the final phase, certification will be sought from the Constitutional Court.
It is important to note that these are conceptual phases, and that there is a great deal of interact and overlap between many of the activities outlined in each phase.
The final deadline for adoption of a new constitution, as stipulated in the Constitution, is May 1996.
The first part of the first phase of analysis and evaluation by Theme Committees is already complete. A detailed work programme has been developed and adopted by the CC.
The second part of the completion of reports by Theme Committees has a deadline of 30 June 1995. By this date Theme Committees should have completed the major part of their work. reports will be considered and evaluated by the CC and CA on an ongoing basis.
The first complete text should be drafted by 14 July 1995.
There will be ongoing referral to the Constitutional Court throughout the process.
It is expected that the first draft should be ready for public scrutiny by 31 October 1995.
From the beginning of 1996 debate will ensue in the CA itself on the final draft.
After adoption in May 1996. certification will be sought from the Constitutional Court.
It has been agreed that there will be a need for ongoing evaluation and adjustment of these time frames throughout the process. the need for flexibility should not however detract from the need for a disciplined work programme to ensure that the final deadline of May 1996 is met.
SECTION B: EXISTING POLICY POSITIONS OF THE ANC
This section draws on the policy guidelines accepted by National Conference on 31 May 1992 entitled “Policy Guidelines for a Democratic South Africa” (RG) as well as a draft constitutional blue print prepared by the ANC`s Constitutional Committee. Many. but not all these found their way into the text of the Interim Constitution.
There shall be regular elections for Parliament, at least every five years, on the basis of a common voters roll, and universal adult suffrage and, in general. proportional representation. The elections shall be administered and supervised by an independent body, the Election Commission. (RG)
All South Africans shall be entitled to equal and full citizenship. Citizenship may be acquired by birth, descent. marriage or naturalisation. No citizen shall be arbitrarily deprived of his citizenship though legislation shall set out the circumstances in which citizenship may be lost.
Bill of Human Rights
This section of policy is drawn from `Ready to Govern`. However, the whole chapter on human rights in `Ready to Govern` is relevant.
“The Bill of Rights will guarantee that South Africa is a multi-party democracy in which people enjoy freedom of association, speech and assembly and the right to change their government. Furthermore, the public shall have a right to know what is being done in their name – their shall be a right to information and a firm guarantee regarding the free circulation of ideas and opinions. (RG. p7)
The Bill of Rights shall be binding upon the State and organs of government at all levels and where appropriate, on social institutions and persons.
The Bill of Rights shall secure the rights of all persons in all spheres of life, including housing, education, employment and access to facilities and such protection shall be ensured without discrimination on the ground of race or gender.
The Bill of Rights must guarantee language and cultural rights and religion, and respect for the diversity thereof.
It must acknowledge the importance of religion in our country. It must respect the diversity of faiths and give guarantees of freedom of religion.
Workers rights to set up independent trade unions, to engage in collective bargaining and their right to strike must be protected in the Bill of Rights which should be supplemented by a Workers` Charter. This charter should set out all those rights that workers throughout the world have gained for themselves. The State will be a signatory to the International Labour Organisation (ILO) conventions. The Bill of Rights will also prohibit slave labour, the exploitation of children and discrimination in the workplace.
There shall be equal rights for women and men in all spheres, and the creation of special agencies to ensure that equal opportunity operates in practice.
The Bill of Rights should support the provision of homes, employment and utilities such as light and water, so as to repair the damage done by apartheid and the migrant labour system, and in order to give real meaning to the right to home and family life.
The property rights of the majority have been systematically ignored and violated by apartheid. A new system of just and secure property rights must be created, one which is regarded as legitimate by the whole population.
The taking of property shall only be permissable according to law and in the public interest, which shall include the achievement of the objectives of the Constitution.
Any such taking shall be subject to just compensation which shall be determined by establishing an equitable balance between the public interest and the interest of those affected and will not be based solely on the market value of such property.
The Constitution will make it clear that seeking to achieve substantive equal rights and opportunities for those discriminated against in the past should not be regarded as a violation of the principles of equality, non-racialism and non-sexism, but rather as their fulfilment. Unless special interventions are made, the patterns of structured advantage and disadvantage created by apartheid and patriarchy replicate themselves from generation to generation.
The Bill of Rights shall establish the principles and procedures whereby land rights will be restored to those deprived of them by apartheid statutes. A Land Claims Court Tribunal, functioning in an equitable manner according to principles of justice laid out in legislation, will, wherever it is feasible to do so, restore such rights.
The Bill of Rights will affirm the right of all persons to have access to basic educational, health and welfare services. It will establish principles and mechanisms to ensure that there is an enforceable and expanding minimum floor of entitlements for all, in the areas of education, health and welfare. It will commit the courts to take into account the need to reduce malnutrition, unemployment and homelessness when making any decisions.
The State shall become a party to the large number of human rights conventions and in particular those dealing with racism, gender and discrimination and the rights of children, which apartheid has until now rejected. In this way we will assert our rightful place in the international community.”
“South Africa shall be a unitary state in which there shall be a government at local, regional and national levels. The Bill of Rights and the principles of non-racialism, non-sexism and democratic accountability shall apply at all three levels of government.
The ANC favours a Parliament consisting of the national assembly and senate. The national assembly will be elected by universal suffrage on a common voter`s roll according to proportional representation. It will control the national budget and have primary responsibility for the preparation and adoption of the country`s main laws. The senate will be representative of regions and be directly elected and have the power to review, refer and delay legislation. It will also have special responsibility for promoting regional development and for ensuring respect for the principles of the Bill of Rights. It will not have these powers, however, in regard to legislation dealing with the budget.” (RG)
The ANC proposes that the number of person elected to parliament shall be 300 in total. Two hundred of these shall be elected in accordance with the system of single member constituencies, and a further 100 allocated to ensure parties are represented proportionally.
The Senate should number 100 (10 per province and a further 10 persons nominated by the President by virtue of their special expertise). (WP)
The ANC proposes the use of the Parliamentary Committee system, structured to ensure: executive accountability to an informed Parliament; a role for minority parties through such committees; and informed public debate on legislation.
Parliament shall decide on the remuneration and benefits of the President and its members including Ministers, Deputy Presidents and Deputy Ministers.
Amendments to the Constitution shall be effected only by a two-thirds majority of both houses sitting together.
The executive shall be accountable to Parliament.
“The ANC proposes that the Head of State be a President with both ceremonial and executive powers. The President should be elected by the National assembly. He or she will have a fixed term of office and be available for re-election only once. The President will appoint and supervise the functioning of the Cabinet, acting through and in liaison with a Prime Minister who will be directly accountable to the President and responsible to the National Assembly.” (RG)
Coalitions between parties will be based on voluntary political pacts and will not be compulsory nor required by the Constitution. The President shall consult with her or his Cabinet when taking important decisions. The Cabinet shall appoint an acting president in the absence of the President. (Parliament shall appoint a Deputy President). The President shall vacate his/her seat upon assumption of Office.
Parliament may pass a vote of no confidence in either the Cabinet or the President, or both. In the latter event the President shall call a new election. In the other cases the relevant person or persons shall resign.
“All South Africans shall have recourse to independent courts of law and other tribunals.
Without interfering with its independence and with a view to ensuring that justice is manifestly seen to be done in a non-racial and non-sexist way and that the wisdom, experience and competent judicial skills of all South Africans are represented on a bench, which shall be transformed in such a way as to consist of man and women drawn from all sections of South African society.
Maximum provision should be made for the participation of lay-people in the administration of justice.”
The appointment of ordinary judges will be by the President from persons nominated by a Judicial Service Commission. This Commission will be composed of representatives or persons nominated by Parliament, the Judiciary, the Profession including legal academics, and the Executive.
The President will appoint the 10 Constitutional Court judges on bloc, after approval by a 2/3 majority of Parliament, and as proposed to Parliament by its Judicial Standing Committee which shall select its nominees after interviewing prospective candidates. These judges shall serve for one non-renewable term of seven years.
The functioning of the legal system and the jurisdiction of the various levels of courts shall be set out in legislation but which MUST make provision for lay assessors, legal assistance for the indigent, the appointment of prosecutors and magistrates.
The highest judicial executive officer shall be the Attorney General (now Minister of Justice) who shall be a member of the Cabinet. The President shall appoint in consultation with the Public Service Commission, a Director of Public Prosecutions, who shall be responsible for prosecuting offences in the name of the People of South Africa.
Public Protector and the various commissions
There shall be established a Human Rights Commission charged with ensuring observance of Human Rights. This Commission shall also assume the function of a Commission on gender equality. There shall be a public protector (ombud) charged with ensuring clean government, free of corruption, rudeness and maladministration. Both bodies shall be empowered to inter alia litigate on behalf of complainants, and shall report annually to Parliament. (RG, WP)
The Constitution shall protect the independence of these institutions, by requiring their appointment by Parliament, with a 2/3 majority and protecting them from dismissal save on grounds of incapacity or misconduct.
The final constitution shall provide for Regional Government by means of regional legislatures and executives in respect of the provinces whose boundaries are as provided for or amended in terms of the Interim Constitution. The Constitution shall also provide a mechanism to ensure fair allocation of resources to these provinces. This framework and the powers and boundaries of provinces shall not be amended by Parliament save, in regard to the question of boundaries, with the concurrence of a province affected, or if a matter concerns all the provinces, with the concurrence of the Senate (by a 2/3 majority).
The provinces may adopt their own constitutions which are not inconsistent with the final Constitution.
The functions of provincial government shall relate mainly to the delivery of services, but they shall not have exclusive powers in this regard. Provincial government shall have concurrent legislative powers to national parliament save that provincial legislation may not be inconsistent with national legislation regulating a matter of national interest or having national application.
Comprehensive provision for Local Government, including its powers, functions and structures shall be provide for in national legislation, which may provide that the implementation and supervision of the legislation and the financing of local governance be delegated or assigned to provinces.
Traditional Authorities and Volkstaat Council
The institution of chieftainship shall continue to have an important role to play in unifying our people and performing ceremonial and other functions allocated to them by law. The powers of Chief shall always be exercised subject to the provisions of the constitution and other laws. Provision will be made for an appropriate structure consisting of traditional leaders to be created by law, in order to advise parliament -on matters relating to customary law and other matters relating to the powers and functions of chiefs. Changes in the existing powers and functions of chiefs will only be made by parliament after such consultation has taken place.
General financial affairs
Provision will be made for:
1. an effective and independent Auditor-General
2. a Reserve Bank
3. powers to advise the government on matters of taxation, the equitable allocation of revenue to the provinces.
“The whole of the civil service will have to be opened up so as to make it a truly South African civil service, and not the administrative arm of a racial minority. The civil service should be impartial in its functioning, and accountable both to parliament and to the broad community it serves.
We do not support giving positions to unqualified people simply on the grounds of race or gender. What we will insist on, however, is that the hundred of thousands of highly merit-worthy persons who have been unjustifiably kept out of jobs, denied advancement in their careers and excluded from training, be given their due. those who have been kept back by apartheid education and by sexist assumptions should be given special backing to catch up. The rich life experiences, knowledge of languages, and cultural diversity of those previously discriminated against should be seen as enriching the contribution of individual South Africans.”
Police and Defence
The ANC is committed to the creation of a single police service. The primary function of policing will be the prevention of crime and to guarantee the personal security of citizens and the free and peaceful exercise of their rights as defined in the constitution. The principles governing the new police service, which shall also be inculcated in their training shall be:
* Policing shall be based on community support and participation.
* Police shall be accountable to society and the community it serves through its democratically elected institutions.
A National Commissioner subject to the directions of the national minister, shall be responsible for recruitment, training and discipline and promotion of all members of the South African Police Service. The operation of the police service shall be governed by national legislation.
The Chief of the armed forces shall be appointed by the President. There shall be one Defence Force, the South African Defence Force, to which all South Africans shall be entitled to join. The Defence Force shall be politically non-partisan, respect and uphold the Bill of Rights, respect the ideals of democracy, non-racialism, non-sexism and national unity and national reconciliation, be bound by international law governing the use of force and the conduct of war, be defensive in its character, orientation and strategy, and be accountable to the public through parliament.
SECTION C. PRELIMINARY LIST OF GUIDING PRINCIPLES The following principles be adopted by conference for inclusion in the Constitution and to guide the ANC in constitution making:
i. South Africa shall be a united and undivided nation.
ii. The character of the state shall be a multi-party democratic state in which the pre-eminence of the majority principle is fundamental.
iii. The constitution shall commit the country to a non-racial and non-sexist order based on the inherent dignity of all persons.
iv. There shall be a bill of rights guaranteeing all accepted human rights including socio-economic rights and which shall be, where appropriate, applicable against all sources of power.
v. The Constitution shall as far as possible empower the poor and the vulnerable to enforce their rights and shall inter alia create a Human Rights Commission and a Public Protector to perform this function.
vi. There shall be regular elections on a common voters roll based on universal adult suffrage at all levels of government.
vii. Parliament shall, subject to the Constitution, be the Supreme law-maker, and the expression of the will of the people. The executive will accountable to it.
viii. Parliament must not be limited in its capacity to legislate so as to address the legacy of the past including such issues as land restoration, re distribution, and affirmative action.
ix. Government shall inter alia be formed by the majority party which shall have the right, only if it is so chooses, to form coalitions.
x. Government shall be honest, accountable, transparent and cost effective.
xi. There shall be elected government at Regional and Local levels whose powers shall be set out in the Constitution, but whose powers shall be subject to the need for national uniformity, national reconstruction and development, as well as the values in the Bill of Rights.
xii. The civic service shall be representative, impartial and shall loyally serve the Government of South Africa.
SECTION D: STRUCTURES OF THE ANC IN THE CONSTITUTION MAKING PROCESS
1. National Constitutional Structures
National Constitutional Commission (NCC)
The NCC has been established by the NEC as one of its subcommittees and it replaces the National Negotiations Commission and the Constitutional Committee. The NCC comprises members of the NEC and members of the ANC from the provinces, other ANC structures and our alliance partners. The NCC meets every two (2) months or more often when required.
The NCC will on an ongoing basis discuss, analyse and make recommendations to the NEC and other constitutional structures in respect of developments in the constitution-making process and the ANC`s positions on constitutional issues. The NCC will liaise with the ANC structures in the provinces and the ANC structures in the CA in respect of the constitution-making process.
Secretariat of the National Constitutional Commission (SNCC)
The SNCC is a smaller group of about 6 key persons in the NCC. It coordinates the activities of the NCC and performs the day to day tasks of the NCC.
2 ANC Provincial Constitutional Structures
Provincial Constitutional Commissions (PCC)
It is proposed that each Provincial Executive Committee (PEC) should:
i. establish a PCC, on similar lines to the Regional Negotiations Commissions in the past;
ii. create within each PCC six subcommittees on the same lines as the six Theme Committees of the CA; and
iii. appoint one member of the PEC to take responsibility for issues relating to constitution-making processes.
The tasks of the PCC`s may include the following:
i. to ensure that the ANC and allied structures in the province discuss issues pertaining to the constitution making process and that our provinces develop mandates in this regard;
ii. to ensure that the ANC and allied structures in the province are empowered through the provision of information and technical assistance to participate in the constitution-making process and that such structures are able to develop mandates in this regard;
iii. to assist the TCs when they go out in the next 6 months to gather the views of ordinary people on the new constitution; and
iv. to assist the ANC in provincial governments to participate in the national constitution-making processes. However, it is not clear whether this should happen in the ANC or officially through the CA.
Regional Constitutional Commissions (RCC)
In some of the larger province it will be important that similar structures are set up at a regional, sub-regional or zonal level.
Each branch should be encouraged to have one member of the BEC responsible for issues relating to the constitution-making processes.
3. ANC Structures in the CA
The Chairperson of the CA and three members of the CCC represent the ANC on the Management Committee and they are accountable to the CCC.
National Parliamentary Caucus (NPC)
At present, it is not clear what role the NPC will play in the constitution-making process, and this needs to be clarified. It is proposed that at least the major strategic and tactical issues arising in the CA should be referred to the NPC.
ANC Constitutional Committee Caucus (CCC)
The CCC determines the overall political direction and the day to day activities of the ANC within the CA. All ANC structures and members in the CA should be accountable to the CCC. However, should the CCC report to the NCC or NPC or NEC and on what issues?
ANC CA Secretariat (SCCC)
The CCC at present has a secretariat of three persons that deals with administrative issues of the ANC relating to the CA.
ANC Theme Committee Caucuses (TCC)
It is proposed:
i. that each member of the ANC in the CA should be obliged to belong to one of the six ANC TCC`s; and
ii. that the constitutional expertise and skills amongst our members should be evenly and strategically distributed amongst the six ANC TCC`s.
TCC`s should meet at least weekly and prepare for meetings of the TC`s. If necessary, TCC`s should prepare statements of principle for approval by the CCC before discussions take place in the TC on a particular issue.
ANC CA Coordinating Secretariat (CCS)
The CCS, consisting of one ANC member from each TC, plus one or two others is being established. The CCS will be responsible for driving the process in the CA on a day to day basis on behalf of the ANC, under the political control of the CCC.
It is clear that we must build up a proper administration for the ANC structures in the CA if we want to succeed in our task. This should include at least two competent administrators, as follows:
i. to serve the ANC national and provincial structures based at head office;
ii. to serve the CA structures based in Parliament.
We also need to set aside some resources for the basic running of an office, with support staff.
SECTION E: PARTICIPATION OF ANC MEMBERS IN THE C.A. PROCESS
The ANC should ensure that all ANC members understand the Constitution making process as well know the key constitutional issues under discussion at any given time during the CA process. Efforts should be made to explain to the membership the structure of the CA as well the function of each of the structures and how they are interrelated. The administration of the CA will be releasing periodic information bulletins, and the Constitutional Commission of the ANC should ensure that such material reaches ANC branches. It should also release periodic briefing bulletins on substantive constitutional issues.
Participation in the Consultations of the Theme Committees
A comprehensive programme should be designed to enable ANC members to participate in the debates . Most ANC members belong to organisations of civil society such as youth and women others are members of special interest groups such as child -centred organisations disabled people`s organisations and can therefore attend such fora as representatives of civil society. In this regard, ANC policy positions and constitutional principles should guide those participating in the debates .
Submissions to the theme committees
ANC members should be encouraged to make submissions to the theme committees in support of ANC positions. Submissions made by collectives such as branches should be encouraged as these would be more representative and carry much more weight than submissions made by individual ANC members. Comrades living in Cape Town should be encouraged to attend sittings of the Constitutional Assembly especially during the debate of controversial issues.
Parliamentarians and the CA process
All parliamentarians are members of the CA. Accordingly they should play an active role in informing the membership about CA process. They should form a link with all people outside the CA process and lead the debate on constitutional issues. An activist MP in this regard, will be enriched and thus enabled to make qualitative inputs in the CA.
SECTION F: RECOMMENDATION FOR A NATIONAL CONSULTATIVE CONFERENCE
It is proposed that a special consultative conference should be called possibly in early March to discuss detailed ANC positions on the new Constitution. We could for example prepare a draft constitution similar to the ANC`s Transition to Democracy Act, and table it for discussion and debate at this Consultative Conference. Such a draft would be based on the principles agreed to at National Conference.
The timing of the conference is of vital importance and will have to take into account:
i. It needs to be fairly early in the year as the Theme Committees will be submitting reports to the CC as from early February. The CC is supposed to start debating the reports and taking decisions in respect of such reports from that time onwards.
ii. By the time of the Conference it should be clear what some of the key issues are in the C A. Perhaps it would also be late enough to allow us to have some idea of the possible ways of addressing these issues;
iii ANC structures must be given enough time to prepare for the conference.
STABILITY AND SECURITY THROUGH THE TRANSFORMATION OF THE STATE APPARATUS
The purpose of this document is to present, in broad terms, the security issues affecting both the GNU and the ANC, and the transformation of the state apparatus required to address these security issues.
The structural abnormalities of the society and impatience for the realisation of socio-economic demands remains the major threat to stability. If rapid attention to these socio-economic problems is not perceived to be taking place the activists of the extremes will have fertile ground within which to organise, the support base of the ANC will diminish and the fragile social consensus achieved since the elections may be shattered.
The major cause of instability in the country remains inequity, poverty and perceived lack of access to power. In particular the high rate of unemployment provides the fertile field in which crime and social unrest can grow. The rapid implementation of the RDP is. in fact, the only effective means of removing instability.
The dichotomy posed is that in order to effectively implement the RDP there needs to be a stable situation. In this context it is necessary to look both at aspects of the implementation of the RDP and at interim measures to enhance the level of stability. The primary strategy for stability would appear to be two pronged: Firstly, the demonstrable delivery or attempt to deliver on the RDP and, secondly, giving attention to current threats to stability, most particularly the remnants of Third Force or covert operations. Essential for both prongs of this strategy is ensuring that the bureaucracy, at all levels, is oriented to the new priorities and committed to the delivery of the required services.
However, despite the ANC being in power for more than six months there is a perception that very little progress has been made in gaining control of and transforming the machinery of the state. It is recognised that such a transformation is constrained by constitutional protection, however within these constraints there appears to be no co-ordinated strategy or plan for transformation. Nevertheless. without reorienting and transforming the machinery of the state to the task of overcoming the socio-economic basis of instability, as well as providing short term protection for the task of reconstruction, no long term social change and resultant stability is likely.
The period preceding the first democratic elections was characterised by a massive escalation of political violence, intense paramilitary activity by right wing forces and deep suspicion by the civil service bureaucracy in respect of the democratisation process. These factors taken on their own and converging as a whole presented a very real civil war environment in the country. The collapse of Bophuthatswana, within the context of an opportunistic agenda of right wing forces to escalate the conflict, led to worse case planning by sectors of the previous regime`s security forces.
Confounding this situation was the ambivalence of the security forces towards the democratisation process. Further, their levels of demoralisation, anxiety and insecurity reached an all time high particularly around issues of amnesty and job security. Their fears and in many cases their resistance to democracy were exploited by the right wing in a desperate bid to increase right wing support within the security forces and tilt the balance of forces in their favour.
The strategic interventions of both the TEC and the ANC leadership aimed at restoring stability and broadening the constitutional process led to a dramatic decline in the levels of political instability and produced a climate sufficiently conducive for the holding of the elections. As a result the GNU was installed in a climate relatively free of violence and one characterised by a surge of reconciliation and goodwill.
The period since the election has seen a general improvement in the internal security situation. In particular, the period since the election has seen a dramatic drop in the levels of violence in the strife tom East Rand and KwaZulu Natal. The Right-wing has been thrown into disarray by splits, by strategic failures (the failure of the Bophuthatswana campaign and the capture of those involved in the pre-election bombings) and by the successful inclusion of the Freedom Front into the constitutional process. The Inkatha threat has also been dissipated by their inclusion in constitutional processes and by their election victory in KwaZulu Natal. Other extremist groups remain splintered and without credibility following the poor showing of some of their groupings in the elections (e.g. the Workers List Party).
The reason for this improvement in general stability is undoubtedly the lessening of political frustrations and the largely inclusive constitutional dispensation. No major political groupings have been left out of the new dispensation and the extremes of the political spectrum have been shattered by the inclusion of their larger groupings in the constitutional process.
Against this background remains both real indications and the perception (often media generated) of ongoing instability in the form of sporadic strike actions. disruptions in schools, hostage taking and civil disturbances such as those seen recently in the western “Coloured ” townships of Johannesburg. Crime, particularly car theft and drug trafficking, is high and growing. The media created perceptions of instability are often particularly illusory in that the implied comparison is not with what has occurred in the past but with what some observers believe should be occurring in the present – the perception that management could continue as if nothing had changed while unions were expected to behave in completely different manner once an ANC government came to power is an example of this trend.
Nevertheless, a certain level of real instability does exist and the questions which arise from this ongoing instability is whether there is a concerted destabilisation agenda? Are the security or covert forces of the old regime engineering instability? Is there a planned bureaucratic resistance to the implementation of government policy in order to foment instability? Did the ungovernability developed during struggle provide a fertile ground for criminal elements, sponsored in some cases by covert operations of the state, and has organised crime taken measures to maintain that ungovernability?
These questions need to be juxtaposed with questions of a different kind. Is the instability merely an expression of popular empowerment through the creation of a democratic system? How far did the process of struggle and political campaigning leading up to the formation of the GNU create expectations which the GNU is now unable to deliver? Is the instability merely the continuation of frustrations resulting from deprivation, inequity, poverty, unemployment and lack of access to decision making?
The evidence suggests the following:
That the major threat to stability in South Africa remains mass poverty and social deprivation. This is the single most important factor underlying community violence, rising crime, industrial unrest, educational disruption, land invasions and drug abuse. Prior to the elections these socio- economic factors were overlaid with the addition of political deprivation, by the lack of democracy. The introduction of a democratic system virtually overnight reduced the levels of tension resulting in a noticeable drop in community violence and for a short while even a drop in crime. However, it is apparent that until the socio- economic basis of the instability is removed some level of instability is inherent.
It needs to be kept in mind, nevertheless, that the operations of the Third Force and remnants of covert groupings of the old regime have never been rooted out and that this poses the constant danger of a hidden co-ordinating hand behind political activity advocating violent means. Indications are that these forces are still active and while they exist any stability is only transitory. A primary task of the security forces must be the dismantling of covert structures if lasting stability is to be ensured.
That there would appear to be a contradiction within the GNU on the RDP, its interpretation and the consequences of its success. As a policy framework clearly identified with the ANC, although now officially subscribed to by all parties to the GNU, the success or failure of the RDP is likely to be the single most significant determinant of the ANC`s future strength in government, particularly in 1999. While recognising that the success of the RDP is essential for stability some of the minority parties in parliament and in the GNU are less than keen to see the RDP succeed because such success will determine the decline in their political influence. The ambiguity of these parties to the RDP is undoubtedly also affecting their supporters in the bureaucracy, business community and parastatals .
That the shift of many political, community and trade union leaders into Parliament, government and the public service has left some degree of leadership vacuum in the structures of the ANC and its allies. This has removed a strong stabilising element able to give direct leadership and political direction, particularly with regard to the lead up to local government elections and in organised interventions or relations with the administrative organs of the state.
That some white public servants and elements in the security forces are less than keen to serve the new government or its policies. That this may be, or may lead to, an orchestrated attempt to frustrate policy implementation can not be ruled out.
TRANSFORMING THE STATE
A key element in the ability to realise these socio-economic demands is the need to transform and reorient the state apparatus to this end. This is required both positively to effect the delivery of services and, negatively, to stop the blockages and disruptions emanating from remnants of `third force` and `total onslaught` structures.
The public service
It is increasingly clear that some white public servants are less than keen to serve the new government or its policies. That this may be an orchestrated attempt to frustrate policy implementation can not be ruled out . Elements of the old regime and the white establishment are certainly motivated to frustrate or undermine those elements of the RDP which undermine traditional white privilege (eg scrapping of model C schools) or seek to redistribute wealth, and a slow down in implementation of those aspects of government policy may be occurring by virtue of common interest rather than of organised conspiracy. Furthermore while delays in policy implementation may be the cause of much of the frustration there is no evidence of links between the bureaucrats who are failing to implement the policy and those, within extremist groups, stirring the pot of frustration. However, the pedantic approach to procedures by particularly senior public servants, while at the same time paying lip service to the RDP, serves to slow down the application of policy as does the need to maintain the cohesion of the GNU. Similarly, efforts to keep control of key public service posts (rather than merely the jobs of public servants) and to prevent ministers appointing the staff required for effective implementation of the RDP and affirmative action appears to be a pre-planned strategy of the old regime.
It is evident that the old regime is still exerting considerable influence over the civil service bureaucracy. Extending throughout the civil service are elements who either by omission or commission, by intent or by common outlook. are pursuing agendas aimed at slowing the implementation of policy or aimed at a general destabilisation of the GNU. These elements occupy key positions within the civil service and parastatal bodies.
The slow pace of new appointments to the public service as well as the approach of simply filling vacancies has limited a strategic analysis of key posts and the ability to apply strategic influence. If this trend is not addressed it could present a serious obstacle to good governance. For this reason the leadership of the ANC and the GNU need to give serious and urgent attention to the civil service bureaucracy.
However, in so doing attention needs to be given to the effectiveness and efficiency of governance structures and to improving the capacity of senior levels of management in the civil service.
Local administration, a key basis for service delivery, also remains a bastion of conservatism and change in both local government and local administration has barely started. The local government elections are likely to provide a stimulant to destabilising activities in the short term. Political parties and factions within political parties, civics and other local level bodies will seek to maximise their political standing. Those defeated in the April national elections will also seek to turn around their losses by capitalising on weaknesses in the ANC and in failures or deficiencies in the GNU (which is seen in most peoples mind as the ANC government).
The fact that the ANC`s organisational strength has been weakened by the move of personnel into government whether at national or regional level has also left a disciplinary and guidance hiatus for the activists involved in local government politics, and has limited any effective intervention in transforming local administration.
In order to overcome the destabilising dangers inherent in the local government election process it is important to time the elections strategically and to ensure that they take place as soon and as quickly as possible.
For the ANC it is also necessary that effective political leadership and discipline is given to local level activists. This could be achieved by a rapid implementation of the ANC`s own constituency system both of national and provincial representatives. This is also an essential strategy in overcoming some of the regionalist and secessionist tendencies that are developing at provincial level. The tendency of some provincial level ANC activists to take a strongly federalist position (i.e. even further than required by the constitution or by the needs of effective delivery of the RDP) is a matter which needs to be thoroughly debated within the organisation. It would appear that a clear national perspective needs to be reflected in the strategy and tactics adopted by the ANC and that the relationship between the central government and the provinces be clearly defined. If left unattended an increasing division between centralists and federalists could arise.
In order to ensure the cohesion of the ANC and its allies there would appear to be an urgent need for a comprehensive detailing of strategy and tactics to guide the whole democratic movement in its approach to the state bureaucracy at all levels.
At the same time it is necessary that the explosive social issues of land, housing, rent arrears and public services (i.e. water, electricity and sewerage disposal) be given high priority.
Safety and security
The inherited situation is one of social instability, high crime, violence of both a political and criminal nature. The forces available to deal with this situation are associated with repression, lack credibility and have a history of being party to social instability.
Despite the reported successes of the SAPS in their efforts to halt the flow of arms into the country weapon smugglers still continue to make such weaponry available within the country. The arms smuggling industry is firmly entrenched and is aided by the instability occurring within neighbouring states such as Angola and Mozambique, by poor border control, by corrupt elements within the security forces and by the lucrative nature of the industry for criminal syndicates.
The cracking down on arms smuggling routes should be the highest priority in attempts at reducing violence and crime. This would need regional co-ordination and perhaps a regional force specialising in combating arms smuggling.
A longer period of amnesty for those surrendering illegal (i.e. unlicensed weapons) weapons and perhaps even a buy-back policy to encourage the surrender of weapons (if this could be done in a manner which prevented further theft of weapons) may be required. A revision of licensing procedures. The overstocking of licensed weapons provides a ready source for weapons theft and subsequent resale. Particular attention should be applied to licensing procedures for automatic and non-sporting weapons.
The intelligence community should immediately be tasked with finding the location of any undisclosed arsenals and the police service should take immediate action once this information is available.
The militarisation of the police under the previous regime makes it essential that the police are brought under the control of a civilian ministry which can guide and direct the police service to become more civilian oriented, more representative in their command structures, establish linkages with the organs of civil society, define priorities from a social viewpoint and establish credibility within communities. The civilian ministry responsible for the police should be strengthened in order for it to exercise effective control over the police establishment.
Both the defence forces and the defence industry need to be brought more directly under the control of a civilian ministry. The defence force and the armaments industry must be professionalised through the removal of clandestine structures and through the establishment of clear accountability to a civilian ministry of defence.
There is little doubt that the disruptions in the military integration process were largely a product of deliberate delaying tactics creating frustrations among those awaiting integration as well as provocation by `agents` within the ranks of MK cadres. The effect has been to create a body of dissidents or demobilised elements directly antagonistic to the ANC and embarrassing to the ANC in government.
The phenomenon of dissident action is growing within the country. Individuals previously associated with liberation movements for a variety of reasons are pursuing their own agendas. The reasons are varied and include failed individual expectations, ill-discipline, exclusion from the integration process and dissatisfaction with the integration process.
Dissident, frustrated or disillusioned elements from any of the military formations pose a serious threat to stability in the short term. In particular this relates to issues of integration or demobilisation. Reports indicate that disillusioned or frustrated elements from APLA and from MK are seeking to join together and whether organised together or not many of these cadres have only military skill at there disposal; a skill that could be utilised for either political destabilisation or criminal activity. This problem can be dealt with at a number of levels:
At the political level there needs to be full accountability for the personnel and strength of all armed formations and every effort should be made to avoid individualised demobilisation from any of the armed formations (including the SANDF), but to demobilise in a planned and structured manner that will provide for the welfare (physical and psychological) of demobilised personnel.
That providing employment for demobilised personnel (including those from the SANDF) should be a priority in job creation and public works programmes so that such personnel do not seek to generate income through criminal, illegal and/or unconstitutional means.
Establish a well trained unit, whether located in the military police or SAPS, drawn from all military formations that is capable of tracking and disarming personnel from the armed formations who fail to respond to the above strategies and who engage in illegal/unconstitutional activities.
For many youth in the SDUs and SPUs their only work experience has been in military or semi-military action. If allowed to dissipate in a disorganised manner the members of these formations are likely to seek a livelihood as hit squads for taxi operatives, criminals or political dissidents. Already, the distinction between political and criminal violence has largely become theoretical.
As with members of military formations it would seem necessary to ensure that the disbanding of the units is handled in an organised manner and that the members are formally demobilised with due consideration for their welfare or are integrated into SAPS or a SAPS organised constabulary. The speedy implementation of community policing in areas where SDUs and SPUs operate could provide the necessary backdrop for their integration into policing structures.
Similarly, ARMSCOR has shown a virtually complete disregard for accountability both in its marketing arrangements and in its reportage to a state appointed commission of enquiry. The effective control of ARMSCOR is increasingly an issue both for domestic as well as regional or continental stability.
Despite claims of co-operation and allegiance to the GNU information still indicates the continuation of covert activity directed against the ANC by elements of the security forces. In this regard, the ANC component of the GNU have not been fully briefed in respect of all covert activities conducted by state agencies on behalf of the previous government.
While remnants of the Third Force and of covert operations of the previous regime continue to be able to operate the potential for instability will be ever present. Immediate priority needs to be given to politically forcing full disclosure of these operations and at the same time charging the integrated intelligence community with tracing, pinpointing and exposing such illegitimate covert operations. Strong pressure should also be brought to bear on the police, SANDF (particularly DMI) and the intelligence service to dismantle all structures involved in covert action that fall outside of the parameters of current legislation.
The public exposure of such operations, through the publication of past and future reports on their operations (e.g. the Steyn report and the proceedings of the Cameron Commission), may also be an important means of gaining widespread credibility and acceptance of operations taken against such forces.
In this regard a civilian audit process may need to be established in order for regular audits of all arsenals, weapon sales and weapons production to be carried out. Similarly, strict controls over arms sales within the country and the arms trade in general is essential, particularly as recent evidence suggests that ARMSCOR and other parastatals (e.g. ESKOM) have large marketable stockpiles of weapons.
Ultimately, this problem and the problem of illegal arms possession needs to be linked to the very issue of the existence of private armies. While numerous armed formations continue to be able to exist the potential for instability is constant. Once the immediate process of transition and integration of forces is complete it may be necessary to bring about tough legislation controlling the development of non-statutory armed formations and ensuring the total disbanding of all armed formations (whether remnants of MK or APLA or of the AWB).
In this regard controls may also need to be established to prevent demobilised or retired members of the security forces from establishing para-military businesses (e.g. Executive Outcomes) capable of playing a mercenary role in the region.
Through the establishment of clear political oversight of the intelligence community through both parliament and the executive the role of intelligence will be limited to the defence of the constitution and the furtherance of constitutionally defined national goals.
The structural abnormalities of the society and impatience for the realisation of socio-economic demands remains the major threat to stability. If rapid attention to these socio-economic problems is not perceived to be taking place the activists of the extremes will have fertile ground within which to organise, the support base of the ANC will diminish and the fragile social consensus achieved since the elections may be shattered.
In this regard the intelligence services need to be structured into a positive support to the policy makers, rather than a defensive instrument addressing problems resulting from legitimate social aspirations.
QUESTIONS AND ISSUES
There are three distinct parts to this Commission: defence, police and intelligence. All three require specific attention, including discussion on how we balance the need for transparency with the need to ensure security; and on how the three intelligence arms co-operate.
Some questions and issues for consideration are:
1. What type of defence force do we want?
2. What do we understand of the SANDF`s approach to a Core Force, War Force and its Primary and Secondary roles? What is our approach to Brigades for reconstruction? What is the present situation regarding such brigades?
3. A civilian ministry: how will this work? from when? what will the relationship be between the ministry and the generals?
4. Arms production and weapons sales policy: a matter for Trade and Industry, not defence? What is the present policy? How does this relate to the kind of society we are building?
5. Integration/absorption: how to resolve the present problems
6. A threat analysis: is there destabilisation from within? What are the implications?
7. The Budget and arms procurement policy; public accountability; the special defence account.
8. Illegal weapons and private armies
1. Public scrutiny and accountability, including in budget allocation and evaluation of performance
2. Civil rights protection in word and deed
3. Co-ordination of the intelligence services
4. Integration: where do we stand today?
1. How do we transform the force from one of repression to a responsible police force required in a democracy? What is required of such a force?
2. Evaluation of the present situation
3. Is instability only a media-created perception?
4. Law and order/anti-crime enforcement: how effective? what policy?
5. Resources, training and recruitment policies
6. Third force, destabilisation, resignations: what is the impact? how pervasive is this still? What is our strategy?
7. Demilitarisation of the police force
8. Dealing with white collar crime, drugs, gun-running etc i.e a police force with an effective capacity for investigation: how will this be achieved?
9. Relations and inter-action between Justice, Correctional Services and the SouthAfrican Police Services