Chapter 12

The Constitution • build a united and democratic able to take its rightful place as a sovereign The Constitution of the Republic of South State in the family of nations. Africa, 1996 (Act 108 of 1996), was approved by the Constitutional Court (CC) on 4 Decem- Fundamental rights ber 1996 and took effect on 4 February 1997. Fundamental rights are contained in Chapter The Constitution is the supreme law of the Two and seek to protect the rights and free- land. doms of individuals. The CC guards these No other law or government action can rights and determines whether or not actions supersede the provisions of the Constitution. by the State are in accordance with constitu- South Africa’s Constitution is one of the tional provisions. most progressive in the world, and enjoys high acclaim internationally. Government

The Preamble Government is constituted as national, The Preamble to the Constitution states that provincial and local spheres, which are dis- the aims of the Constitution are to tinctive, interdependent and interrelated. The • heal the divisions of the past and establish a powers of the law-makers (legislative author- society based on democratic values, social ities), governments (executive authorities) and justice and fundamental human rights courts (judicial authorities) are separate from • improve the quality of life of all citizens and one another. free the potential of each person • lay the foundations for a democratic and Parliament open society in which government is based on the will of the people and every citizen Parliament is the legislative authority of South is equally protected by law Africa and has the power to make laws for the country in accordance with the Constitu- tion. It consists of the National Assembly and The Union Buildings in Pretoria have been the venue for the National Council of Provinces (NCOP). the inauguration of South Africa’s first democratically Parliamentary sittings are open to the public. elected presidents: Nelson Mandela on 27 April 1994 Since the establishment of the new Parlia- and on 16 June 1999. The Union Buildings, which have become a symbol of unity in South Africa, ment in 1994, a number of steps have been were designed by Sir Herbert Baker and completed in taken to make it more accessible. This has 1913. been done to make the institution more

299 South Africa Yearbook 2001/02

accountable, as well as to motivate and facil- Online! (http://www.parliament.gov.za/ncop), itate public participation in the legislative which links Parliament to the provincial processes. One of these steps is the website legislatures and local government associ- (http://www.parliament.gov.za/), which en- ations. courages comments and feedback from the NCOP Online! provides information on, public. among other things, draft legislation, and allows the public to make electronic submis- National Assembly sions. The National Assembly consists of no fewer than 350 and no more than 400 members Law-making elected through a system of proportional rep- resentation. The National Assembly, which is Any Bill may be introduced in the National elected for a term of five years, is presided over Assembly. A Bill passed by the National by a Speaker, assisted by a Deputy Speaker. Assembly must be referred to the NCOP for The National Assembly is elected to consideration. A Bill affecting the provinces represent the people and to ensure demo- may be introduced in the NCOP. After it has cratic governance as required by the Consti- been passed by the Council it must be tution. It does this by electing the President, referred to the Assembly. by providing a national forum for public con- A Bill concerning money must be intro- sideration of issues, by passing legislation, duced in the Assembly and must be referred and by scrutinising and overseeing executive to the Council for consideration and approval action. after being passed. If the Council rejects a Bill In the 1999 national election, the African or passes it subject to amendments, the National Congress (ANC) gained 266 seats in Assembly must reconsider the Bill and pass it the National Assembly, the Democratic Party again with or without amendments. There 38, the (IFP) 34, the are special conditions for the approval of laws New National Party 28, the United Demo- dealing with provinces. cratic Movement (UDM) 14, the African By June 2001, 101 Bills had been passed Christian Democratic Party six, the Pan since 1994. Africanist Congress three, the United Christ- ian Democratic Party three, the Vryheids- The President front/Freedom Front three, the Freedom Alliance two, the Afrikaner Eenheidsbeweg- The President is the Head of State and leads ing one, the Azanian People’s Organisation the Cabinet. He or she is elected by the one, and the Minority Front one. National Assembly from among its members, and leads the country in the interest of The National Council of Provinces national unity, in accordance with the (NCOP) Constitution and the law. The NCOP consists of 54 permanent mem- The President of South Africa is Mr Thabo bers and 36 special delegates, and aims to Mbeki. represent provincial interests in the national sphere of government. Delegations from The Deputy President each province consist of 10 representatives. The NCOP gets a mandate from the The President appoints the Deputy President provinces before it can make certain deci- from among the members of the National sions. It cannot, however, initiate a Bill con- Assembly. The Deputy President must assist cerning money, which is the prerogative of the President in executing government func- the Minister of Finance. tions. South Africa’s Deputy President is The NCOP also has a website, NCOP Mr .

300 The Cabinet leadership, according to customary law, are recognised, subject to the Constitution. The Cabinet consists of the President, as head The Directorate: Traditional Leadership and of the Cabinet, the Deputy President and Institutions in the Department of Provincial Ministers. The President appoints the Deputy and Local Government gives support to tradi- President and Ministers, assigns their powers tional leaders and institutions, and is respons- and functions, and may dismiss them. ible for the development of policy in this The President may select any number of regard. It also renders an anthropological Ministers from among the members of the service, and gives advice and support to tradi- National Assembly, and may select no more tional leadership and institutions with regard than two Ministers from outside the Assembly. to governance and development matters. It The President appoints a member of the advises and supports the National House of Cabinet to be the leader of government busi- Traditional Leaders, and maintains a database ness in the National Assembly. on traditional leadership and institutions. The Directorate is involved in the issue of Deputy Ministers the constitutional position of Khoisan com- munities. Following initiatives by the Griqua The President may appoint Deputy Ministers people, the National Griqua Forum was from among the members of the National established. Another milestone was the Assembly. establishment of the National Khoisan Council in May 1999. The main aim of the Traditional leadership Council is to assist government with the investigation of constitutional issues relating According to Chapter 12 of the Constitution, to Khoisan communities. Together with and the institution, status and role of traditional with the approval of the National Khoisan Council, and in collaboration with commun- ities concerned, a phased research process President Thabo Mbeki – A profile was adopted to investigate how best to con- Thabo Mbeki was born on 18 June 1942 in Idutywa, stitutionally promote and protect the rights of Queenstown. He joined the ANC Youth League at the age of Khoisan communities. The research ultimate- 14 and in 1961 was elected Secretary of the African ly culminated in a consolidated report from Students’ Association. He was involved in underground activities after the banning of the ANC in 1960 until he left which policy on the Khoisan will be finalised. South Africa in 1962. He continued his studies in the United In September 1999 the Department com- Government System Kingdom (UK) and obtained his MA (Economics) at the University of Sussex. While in the UK, he mobilised the pleted a status quo report on traditional lead- international student community against apartheid and ership and institutions. This was followed by worked at the London office of the ANC for several years. He the Discussion Document on Traditional also underwent military training in the then Soviet Union. From 1973 he worked in Botswana, Swaziland, Nigeria and Leadership and Institutions, launched in April Lusaka and became a member of the ANC’s National 2000. Key issues requiring policy were Executive Commitee in 1975. Between 1984 and 1989 he addressed in the Document. The launch was was Director of the ANC’s Department of Information. He led the organisation’s delegations which met groups from followed by an elaborate consultative inside South Africa in Dakar, Senegal and elsewhere. In process, which culminated in a conference 1989 he headed the delegation that held talks with the apartheid Government, which led to agreements on the held in August 2000. From this process a unbanning of political organisations and the release of number of submissions and comments were political prisoners. He also participated in negotiations made by interested stakeholders, which preceding the adoption of South Africa’s interim Constitution in 1993. Following the first democratic election paved the way for the drafting of the Green in 1994, Thabo Mbeki was appointed Executive Deputy Paper on Traditional Leadership and Institu- President. In 1997, he was elected President of the ANC and tions. in June 1999, after the country’s second democratic election, he succeeded Nelson Mandela as President of Prior to the local government elections in South Africa. December 2000, traditional leaders raised

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concerns about the impact of the new local become commissioners of oath. This brings government dispensation on the role, power justice services closer to communities. The and functions of traditional leaders. granting of these powers to traditional lead- Government considered legislation aimed at ers was a result of constant requests by the addressing, on an interim basis, these con- public, especially in rural areas. The most cerns. In the longer term, the role, power and common problem expressed was the long functions of traditional leaders will be distances and high traveling expenses addressed in the White Paper process, which incurred to access such services. is being undertaken by the Department. Section 81 of the Local Government: Early in 2001, the Department of Justice Municipal Structures Act, 1998 (Act 117 of and Constitutional Development granted all 1998), was amended during 2000, which appointed traditional leaders powers to provides enhanced representation of tradi- tional leaders in the municipal councils from 10% to 20%. Cabinet, as on 31 October 2001

Mr Thabo Mbeki President Houses of Traditional Leaders Mr Jacob Zuma Deputy President The Constitution mandates the establishment Dr Home Affairs of Houses of Traditional Leaders by means of Prof Kader Asmal Education either provincial or national legislation. Dr Nkosazana Provincial houses of traditional leaders have Dlamini-Zuma Foreign Affairs been established in all six provinces where tra- Mr Defence ditional leaders are found, namely the Eastern Mr Finance Cape, KwaZulu-Natal, the Free State, Mr Provincial and Local Mpumalanga, the Northern Province and the Government Dr Ben Ngubane Arts, Culture, Science and North-West. Technology Mr Dullah Omar Transport National House of Traditional Mr Public Enterprises Leaders Ms Stella Sigcau Public Works The National House of Traditional Leaders Dr Social Development was established in April 1997. Each provincial Mr Safety and Security House of Traditional Leaders nominated three Ms Sankie Mthembi- members to be represented in the National Mahanyele Housing Mr Trade and Industry House, which then elected its own office- Dr Penuell Maduna Justice and Constitutional bearers. Development The National House advises national gov- Mr Valli Moosa Environmental Affairs and Tourism ernment on the role of traditional leaders and Ms Geraldine Fraser- Public Service and on customary law. It may also conduct its Moleketi Administration own investigations and advise the country’s Dr Ivy Matsepe-Casaburri Communications President on request. Mr Labour Mr Ben Skosana Correctional Services Remuneration of traditional Ms Agriculture and Land Affairs Mr Water Affairs and Forestry leaders Dr Intelligence For the financial year 2000/01, the President Ms Phumzile Mlambo- determined a 5% increment in the remuner- Ngcuka Minerals and Energy ation of traditional leaders and members of Dr Manto Tshabalala- the National and Provincial Houses of Msimang Health Traditional Leaders. This was done after Dr Minister in The Presidency consultation with Premiers of the provinces Mr Sport and Recreation concerned.

302 The President has determined that the Decisions are taken by consensus, as happens Chairperson and Deputy Chairperson of the in the national Cabinet. Besides being able to National House be full-time members of the make provincial laws, a provincial legislature National House. The principle of no double may adopt a constitution for its province if two- pay applies to incumbents. The ruling came thirds of its members agree. However, a pro- into effect on 1 April 2001. vincial constitution must correspond with the national Constitution as confirmed by the CC. Volkstaat Council According to the Constitution, provinces may have legislative and executive powers The Volkstaat Council was dissolved and the concurrently with the national sphere over, Volkstaat Council Act, 1994 (Act 30 of 1994), among other things: repealed through Presidential Proclamation • agriculture on 30 April 2001. • casinos, racing, gambling and wagering • cultural affairs Provincial government • education at all levels, excluding university and technikon education In accordance with the Constitution, each of • environment the nine provinces has its own legislature con- • health services sisting of between 30 and 80 members. The • housing number of members is determined in terms • language policy of a formula set out in national legislation. • nature conservation The members are elected in terms of propor- • police services tional representation. • provincial public media The Executive Council of a province con- • public transport sists of a Premier and a number of members. • regional planning and development The Premier is elected by the Provincial • road-traffic regulation Legislature. • tourism • trade and industrial promotion • traditional authorities Deputy Ministers, as on 31 October 2001 • urban and rural development Mr Joe Matthews Safety and Security • vehicle licensing Mr Aziz Pahad Foreign Affairs • welfare services. Government System Ms Bridgitte Mabandla Arts, Culture, Science and These powers can be exercised to the extent Technology that provinces have the administrative capa- Ms Minerals and Energy city to assume effective responsibilities. Mr Education Provinces also have exclusive competency Mr Home Affairs over a number of areas which include: Rev Musa Zondi Public Works • abattoirs Mr Mandisi Mpahlwa Finance • ambulance services Prof Dirk du Toit Agriculture • liquor licences Ms Joyce Mabudafhasi Environmental Affairs and • museums other than national museums Tourism • provincial planning Ms Trade and Industry • provincial cultural matters Ms Nozizwe Madlala- Defence • provincial recreation and activities Routledge • provincial roads and traffic. Ms Cheryl Gillwald Justice and Constitutional The President’s Coordinating Council (PCC) is Development a permanent forum where the President Ms Ntombazana Botha Provincial and Local discusses issues of national, provincial and Government local importance with Premiers.

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Provincial governments, as on 1 September 2001

KwaZulu-Natal Northern Province Lionel Mtshali Premier Ngoako Ramatlhodi Premier Agriculture and Environmental Dr Agriculture and Environment Affairs Joyce Mashamba Education Faith Xolile Gasa Education and Culture Thaba Mufamadi Finance, Economic Affairs and Michael Mabuyakhulu Economic Development and Tourism Tourism Sello Moloto Health and Welfare Peter Miller Finance Local Government and Housing Dr Zwelini Mkhize Health Catherine Mabuza Office of the Premier Dumisane Makhaye Housing Public Works Inkosi Nyanga Ngubane Traditional Affairs, Local Dikeledi Magadzi Safety, Security and Liaison Government and Safety and Rosina Semenya Sports, Arts and Culture Security Dean Tshenuwani Transport Prince Gideon Zulu Social Welfare and Population Farisani Development Rev Celani Mtetwa Works Sibusiso Ndebele Transport

Gauteng Free State Mbhazima Shilowa Premier Isabella Winkie Direko Premier Mary Metcalfe Agriculture, Conservation, Mann Oelrich Agriculture Environment and Land Affairs Papi Kganare Education Trevor Fowler Development, Planning and Sakhiwe Belot Tourism, Environmental and Local Goverment Economic Affairs Ignatius Jacobs Education Zingile Dingani Finance and Expenditure Jabu Moleketi Finance and Economic Affairs Ouma Motsumi-Tsopo Health Services Gwen Ramokgopa Health Local Government and Housing Paul Mashatile Housing Sekhopi Malebo Public Works and Transport Nomvula Mokonyane Provincial Safety and Liaison Benny Kotsoane Safety and Security Mondli Gungubele Sport, Recreation, Arts and Beatrice Marshoff Social Development Culture Webster Mfebe Sport, Arts, Culture, Science and Angelina Motshekga Social Services and Population Technology Development Khabisi Mosunkutu Transport and Public Works

Mpumalanga Ndaweni Mahlangu Premier Gerald Morkel Premier Candith Mashego- Agriculture, Conservation and Gerrit van Rensburg Agriculture, Property Dlamini Environment Management and Works Jacob Mabena Economic Affairs, Gaming and Hennie Bester Community Safety Tourism (Acting MEC for Finance) Audrey van Zyl Constitutional Affairs and Craig Padayachee Education Technology Sibongile Manana Health Helen Zille Education MS Ginindza Housing and Land Glen Adams Environmental and Cultural Administration Affairs M Bhabha Local Government and Traffic Leon Markovitz Finance, Business Promotion and Steve Mabona Public Works, Roads and Tourism, Office of the Premier Transport Nick Koornhof Health T Makwetla Safety and Security Cecil Herandien Housing and Corporate Busi Coleman Social Services and Population Services, Leader of the House Development Pierre Uys Local Government and Siphosezwe Amos Sport, Recreation, Arts and Development Planning Masango Culture David Malatsi Social Services and Poverty Relief Piet Meyer Transport, Sport and Recreation

304 The forum meets every two months and addresses issues such as: Northern Cape • enhancing the role of provincial executives Manne Dipico Premier with regard to national policy decisions Dawid Rooi Agriculture, Land Reform, • strengthening the capacity of the provincial Environment and Conservation Thabo Makweya Economic Affairs and Tourism governments to implement government Tina Joemat-Petterson Education policies and programmes Goolam Hoosain • integrating provincial growth and develop- Akharwaray Finance Health ment strategies within national develop- Pakes Dikgetsi Housing and Local Government ment plans Connie Seoposengwe Safety and Liaison Fred Wyngaardt Social Welfare and Population • improving co-operation between national Development and provincial spheres of government to Sebastian Bonokwane Sports, Arts and Culture strengthen local government John Block Transport, Roads and Public Works • improving co-operation on fiscal issues • ensuring that there are coordinated pro- grammes of implementation and the necessary structures to address issues such as rural development, urban renewal and North-West safety and security. Dr Simon Popo Molefe Premier Agriculture Darkey Africa Developmental Local Local government Government and Housing Maureen Modiselle Economic Development and Tourism The recognition of local government in the Pitso Tolo Education Constitution as a sphere of government has Martin Kuscus Finance Dr Molefi Sefularo Health enhanced the status of local government as a Dimotana Thibedi Traditional and Corporate Affairs whole and of municipalities in particular, and Nomonde Rasmeni Safety and Liaison has given them a new dynamic role as Mandlenkosi Mayisela Social Services, Arts and Culture and Sports instruments of delivery. The relationship Phenye Vilakazi Transport, Roads and Public between the three spheres of government is Works outlined in Chapter Three of the Constitution, which, among other things, requires Parliament to establish structures and institu- tions to promote and facilitate intergovern- Government System mental relations. According to the Constitu- Rev Premier tion and the Organised Local Government Max Mamase Agriculture and Land Affairs Act, 1997 (Act 52 of 1997) (which formally Stone Sizane Education Enoch Godongwana Provincial Treasury, Economic recognises the South African Local Govern- Affairs, Environment and Tourism ment Association [SALGA] and the nine Dr Bevan Goqwana Health Housing, Local Government provincial local government associations), and Traditional Affairs organised local government may designate up Dennis Neer Provincial Safety, Liaison and to 10 part-time representatives to represent Transport Roads and Public Works the different categories of municipalities and Sport, Recreation, Arts and participate in proceedings of the NCOP. Culture Ncumisa Kondlo Welfare SALGA SALGA has a mandate to represent the inter- ests of organised local government in the country’s intergovernmental relations system with a united voice.

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SALGA’s business plan sets out a series of Metropolitan councils may decentralise objectives, namely: powers and functions. However, all original • promoting sound labour relations practices municipal, legislative and executive powers that can achieve high levels of perform- are vested in the metro council. ance and responsiveness to the needs of In metropolitan areas there is a choice of citizens. two types of executive systems: the mayoral • representing, promoting, protecting and executive system where legislative and exec- giving voice to the interests of local gov- utive authority is vested in the mayor, and the ernment at national and provincial levels, in collective executive committee where these intergovernmental processes and in other powers are vested in the executive committee. policy-making fora. Non-metropolitan areas consist of district • building the capacity of local government councils and local councils. District councils to contribute towards a developmental are primarily responsible for capacity-building democratic governance system that can and district-wide planning. meet basic human needs. These new municipalities had to have • SALGA is funded through a combination of strategic plans for effective service delivery in sources. These include a percentage share place by March 2001. The Government set of the national revenue allocated to local up district municipal workshops after the government, membership fees from municipal elections to ensure that plans were provincial and local government associa- in place for effective service delivery. These tions that are voluntary members, and workshops focused on integrated plans to donations from the donor community that ensure that all officials are equipped with a funds specific projects. working knowledge of the macro-economic challenges facing South Africa. Municipalities According to the Medium-term Budget The Constitution provides for three cat- Policy Statement, tabled in Parliament on egories of municipalities. 30 October 2000, provincial and local gov- As directed by the Constitution, the Local ernment spheres will receive additional funds Government: Municipal Structures Act, 1998, over the next three years. This reflects the contains criteria for determining when an Government’s commitment to addressing the area must have a Category A municipality challenges of redistribution and service deliv- (Metropolitan municipalities) and when its ery. The Government planned to increase its municipalities fall into Categories B (District spending on public services by R7,8 billion in municipalities) or C (Local areas or municipal- 2001/02 and R13,2 billion in 2002/03. ities). It also determines that Category A municipalities can only be established in met- Training ropolitan areas. The Department of Provincial and Local The Municipal Demarcation Board deter- Government launched councillor training mined that Johannesburg, Durban, Cape workshops in January 2001. The course was Town, Pretoria, East Rand and Port Elizabeth intended for councillors to empower them on are metropolitan areas. crucial municipal issues in a bid to improve Metropolitan councils have a single metro- municipal services in the country. The R3,5- politan budget, common property rating and million course was funded by the Norwegian service tariffs systems, and a single employer Government. body. South Africa has six metropolitan municipalities, namely Tshwane, Johannes- Legislation burg, Ekurhuleni, Durban, Cape Town and In November 2000, the Local Government: Nelson Mandela, 231 local municipalities and Municipal Systems Act, 2000 (Act 32 of 47 district municipalities. 2000), was published to establish a frame-

306 work for planning, performance-manage- by focusing, for example, on the transfer of ment systems, effective use of resources, and skills, the promotion of small, medium and organisational change in a business context. micro-sized enterprises (SMMEs), using Each elected council must, within a prescribed labour-intensive construction methods, and period, adopt an inclusive plan that links and maximising job-creation opportunities. Since coordinates the various schemes and propos- its inception, R3,3 billion of CMIP funds have als for an area’s development. This plan will been allocated to various project categories form a policy framework and a basis on which (such as water, sanitation, roads, solid waste, annual budgets must be drawn up. This integ- community lighting, storm water, community rated development must reflect the council’s facilities and training). vision for the long-term development of a As part of government’s policy to make municipality with emphasis on developmental available free basic services to poor house- and internal transformation needs. holds, CMIP will provide infrastructure The Act also establishes a system for local resources. councils to report on their performance, and gives an opportunity for residents to compare Social Plan Fund this performance with others. The Fund was established in 1998 at the Public-private partnerships are also regulat- National Job Summit. ed by the Act. It allows municipalities signi- The Department was allocated an amount ficant powers to corporatise their services, of R3 million for 1999/00 to 2001/02. In the establish utilities for service delivery, or enter last two years, 102 municipalities received a into partnerships with other service-providers. grant of R50 000 to undertake local eco- The Act provides for the adoption of a credit- nomic regeneration studies. control policy by municipalities that will pro- Almost 50 regeneration studies have been vide for the termination of services in the completed. event of non-payment. Municipalities will These reports are being analysed and, have the power to pass bylaws to implement depending on their quality and usefulness, the policy. recommendations will be made to Cabinet regarding the future of the Fund. Programmes National and provincial government depart- Municipal Infrastructure Investment Unit ments are continuing to formulate pro- The Unit was set up in 1998 to encourage grammes which constitute a support instru- private-sector investment in municipal services Government System ment for local government. and to establish a market for such invest- ments. The Government provides an annual Consolidated Municipal Infrastructure grant to the Unit. Through this grant, the Unit Programme (CMIP) has undertaken 15 pilot projects and has The purpose of the CMIP is to enhance the assisted many municipalities in preparing and development impact of the delivery process finalising appropriate municipal service part- nership agreements. Over the next three years, government will expand the support Information provided to the Unit. The Unit received a three- The Development Bank of Southern Africa and the year allocation for the first time in 2001/02. National Business Initiative launched a manual for municipal officials entitled Integrated Development Planning – A Strategic Management Approach for Local Government Transition Fund Councillors and Senior Officials late in 2000. One of the most important tasks in the trans- The manual provides a new planning approach, which formation of local government was the draw- is in line with the White Paper on Local Government. It puts forward a vision of developmental local government ing of new municipal boundaries. The previous that should reverse apartheid patterns. 843 municipalities were disestablished and

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Information 284 new municipalities created. Municipalities are required to amalgamate and restructure Government has increasingly placed emphasis on integ- rated planning and implementation of policy as a administration and service delivery arrange- requirement for sustained progress in combating poverty. ments, among other things. At the same time, To this end, two integrated and multidisciplinary pro- grammes have been developed, cutting across many local government must ensure continued government departments and coordinating resources in a access to municipal services by all citizens. focused way. Enormous pressures will initially be placed In February 2001, President Mbeki, in his address to Parliament, announced details of the Integrated Sus- on municipalities during this process. It is tainable Rural Development Strategy (ISRDS) and the therefore critical to provide financial assist- Urban Renewal Strategy (URS). The latter programme will ance to municipalities for approximately two in particular include a multidisciplinary approach to dealing with crime. years. This will be a once-off grant and will be The President identified 13 rural and eight urban nodes incorporated into the equitable share from which would be the initial focus of a number of measures to ensure that urban renewal and rural development are 2003/04. The primary objective of the grant is addressed in an integrated and sustainable manner. A to facilitate a smooth transition to the new further 17 nodes were due to be announced by the end of municipal structures. It will fund the prepara- 2001. Without neglecting other areas, this Strategy will ensure that in these areas of greatest need government’s tion of the strategic transformation plans and efforts will make an impact arising from the focused assist municipalities in designing and imple- coordination of programmes concerned with poverty menting appropriate institutional and service eradication, sanitation, housing, water, electrification, household food-security, pension payouts, job creation, delivery arrangements. infrastructure development and HIV/AIDS. These two pivotal programmes present the three spheres of government (national, provincial and local), Municipal systems improvement programme with challenges to work together in unprecedented ways. The White Paper on Local Government pro- The Department of Provincial and Local Government is vided a framework for developmental local charged with the responsibility of ensuring that work in the implementation of these two programmes is under- government. Achieving these developmental pinned by both horizontal and vertical integration. outcomes will require changes in the opera- The 13 nodes of the Rural Development Strategy are: tions and administrative organisation of • O.R. Tambo, North East, Ukwahlamba and E Kei District Councils in the Eastern Cape municipalities. The Municipal Systems Act, • Umzinyathi Umkhayakude, Ugu and the Zululand 2000 establishes a legal framework for the Municipality in KwaZulu-Natal • The Kalahari-Kgalagadi Cross-boundary District new municipal systems, including the dev- Council in the Northern Cape and the North-West elopment of Integrated Development Plans, • Central Karoo District Council in the Western Cape performance management systems and relat- • Sekhukhune Cross-boundary District Council in Mpumalanga and the Northern Province ed municipal management reforms. The grant • Eastern District Municipality in the Northern Province provides direct assistance to municipalities, • Thabo Mofutsanyane in Qwa Qwa in the Free State. particularly through the funding of Planning The URS will be focused initially on the following localities: • Khayelitsha and Mitchells Plain in the Western Cape and Implementation Management Support • KwaMashu and Inanda in KwaZulu-Natal centres in district municipalities to assist with • Mdantsane and Motherwell in the Eastern Cape • Alexandra Township in Gauteng the preparation of Integrated Development • Galeshewe in the Northern Cape. Plans in line with municipal budgets. Depending on needs and priorities in the different nodal The grant will also assist municipalities in areas, government’s programmes will be packaged as ‘baskets of services’ which will include: Adult Basic piloting performance management and mon- Education and Training; Primary Health Care Feeding itoring systems, and will complement other Scheme; Housing; Kick-start Youth Programme; housing initiatives by the National Treasury aimed at support centres; telecentres; women in construction; Local Economic Development projects; Co-operatives; building municipal financial management Community-based Public Works Programme; Working for capacity and implementing budget reforms. Water; Khula start; community water and sanitation; technology centres; eco-tourism; Land Care and utilisation; cultural industries; and energy centres. Local Economic Development (LED) and The ISRDS was launched in July 2001 at the Bothithong poverty alleviation Village, Kgalagadi Cross-boundary Municipality in the North-West/Northern Cape Province and the URS in The Minister of Provincial and Local Govern- Alexandra township in May 2001. ment, Mr Sydney Mufamadi, said in his media

308 briefing in September 2001 that the LED of subsidised equipment and rentals. Fund had supported a total of 184 projects The first of the annual national LED Trade since 1999. Of these 19,5% were in progress, Fairs was convened in Johannesburg in 13,5% were completed (mainly from the November 2000 to showcase LED projects 1999/00 allocation), 20,6% were in advan- and expose smaller municipalities to national ced stages of implementation, and 46% had markets. The Department also issued the first not started (primarily the 2001/02 allocation). LED Best-practice newsletter in 2000. During Projects for the 2001/02 financial year have the next three years, the programme will con- all received financial transfers but are in the centrate on improving its linkages with the planning and tendering stages. other household, social and economic infra- The results of the 1999/00 LED Fund of structure programmes of the Government, R42 million, of which R39 million was trans- alongside its current activities. fers, are indicative of the performance of the other two years. Of the total number of 5 888 Interim Integrated Development Plans people employed, 30% were women. Sixty- The subprogramme has undertaken a major one per cent of people employed through study of the experiences of 20 municipalities LED projects were employed during the con- in the integrated development planning struction stages of the project. The remaining process since 1998. It provided a manual on 2 567 people have received long-term the Integrated Development Plan, training employment. A total of 2 089 people programmes and other support initiatives to received on-the-job training. Almost two- municipalities. Handbooks on LED and guide- thirds of this training is accredited. Of these, lines on municipal service partnerships were 53% were women. also issued, alongside extensive training pro- Almost R24 million of the R39 million grammes country-wide. The strategic object- (61%) transferred for projects was spent on ive for the next three years is to ensure that infrastructure in the form of equipment, tools municipalities receive adequate support to and buildings. Some R3,18 million (8%) was comply with the new regulatory framework regarded as direct support to SMMEs in terms for integrated development planning and municipal service delivery. Policy initiatives to strengthen the frameworks for integrated Information development planning, LED and municipal Parliament hosted a workshop, Perspectives on Africa, service partnerships are being developed. in July 2000. This workshop was part of the Millennium These initiatives will be complemented by Government System Project and consisted of an exhibition, an educational programme and lectures. The project illustrated how support, training and capacity-building pro- different past experiences in South Africa had shaped grammes. the understanding of present realities. A collection of maps of South Africa and southern Efforts are under way to pilot selected Africa dating from the 16th and 17th centuries was municipal community partnerships around exhibited. the country. Government and Information communication The Municipal Finance Management Bill will give municipalities greater access to capital markets. The Bill will modernise municipal financial management The vision of the Government Communica- and will allow municipalities to be accountable for tion and Information System (GCIS) is to public finances. The Bill extends the philosophy of the Public Finance Management Act, 1999 (Act 1 of 1999), make an indispensable and widely valued and emphasises transparency and control in all spheres contribution to a society, working with the of government. Government for a better life for all, by meet- The Bill will compel municipalities to set up revenue funds and prepare timely financial statements and ing the Government’s communication needs annual audits. and the public’s information needs.

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It consists of the Communication Services new Coat of Arms, which was launched on Agency, which is responsible for, among other 27 April 2000. (See chapters: Arts and things, the production and distribution of gov- Culture and Communications.) ernment media, event management and the bulk-buying of advertising space; the Media International Marketing Liaison Section, which is responsible for Council (IMC) strengthening working relations between the media and government, as well as the inter- The IMC, which was launched in October national promotion of South Africa; the Policy 2000, is a partnership between government, and Research Section, which is responsible for and corporate and non-government sectors. research into the communication environment The Directors-general of eight government in which government is working, dealing with departments, the chief executive officers of policy relating to media, communication and the GCIS, Trade and Investment South Africa information, and for providing access to gov- and South African Tourism as well as 21 indi- ernment information through the website viduals from outside government make up Government online, and the Provincial and the Council that is chaired by Minister of Local Liaison Section, which is responsible for Foreign Affairs, Dr Nkosazana Dlamini-Zuma. providing information at community level in The IMC is responsible for close co-operation with communicators of the • advancing the objectives of South Africa’s nine provincial governments. The Chief international marketing campaign abroad Directorate: Corporate Service provides in- • giving strategic guidance to an interdepart- formation technology services, provisioning mental project team which has been set up administration, financial management, to manage the campaign administrative services and human resource • acting as ‘ambassadors’ for South Africa, administration and development. where possible in their individual capacities For each of the transversal campaigns of • advising the Cabinet Committee on government, the GCIS is central in developing International Relations on matters pertain- communication strategies and programmes. ing to the marketing of South Africa. It also assists departments around specific The non-government members represent a campaigns and events, as well as in setting up wide spectrum of South African expertise departmental communication structures. from business, the arts, marketing and other The GCIS is facilitating the establishment of key sectors. Multi-purpose Community Centres (MPCCs) They are committed to selling abroad the as a programme for integrated one-stop gov- best of what South Africa has to offer. The ernment information and service points. This promotion of the country also has a domestic initiative is a partnership between all spheres dimension with which the IMC members of government, business and civil society. assist. The first MPCC was launched on Following its bosberaad in January 2001, 10 December 1999 at Tombo, in the Kei the IMC is planning a major international District Council area in the Eastern Cape. At marketing initiative which will have two ele- the end of March 2001, 10 centres have been ments: opened. By the end of March 2003, 60 • The first will be aimed at the domestic MPCCs will be operating, at least one in each audience. The purpose will be to build sup- district or metropolitan council. (See map and port for the international marketing cam- addendum.) paign and will draw upon what recent The GCIS is also involved in the Media research has shown to be a strong sense of Development and Diversity Agency and the national pride within all sectors of the com- International Marketing Council (IMC), and munity. The IMC is coordinating with other played a major part in the development of the related initiatives like South African Tour-

310 ism’s Circle of Sunshine campaign and the • Ministerial fora (or MINMECs) between National Economic, Development and responsible line-function Ministers at Labour Council’s (NEDLAC) Proudly South national level and their respective counter- African initiative. M-Net’s successfully con- parts at provincial government level, which cluded local campaign Share your country’s normally meet on a quarterly basis. These magic is part of this initiative. fora are supported by technical commit- • The second element will be an internation- tees. ally focused campaign buttressing existing • A number of intergovernmental fora that initiatives and launching new initiatives. facilitate co-operative government and The initial target countries are: the United intergovernmental relations. Kingdom (UK), United States (US), France, Germany and Japan. As the campaign Elections grows, countries in Africa, Latin America and Asia will also be targeted. Plans are The Constitution of South Africa places all under way to roll out the campaign in the elections and referendums in the country at UK, hot on the heels of Celebrate South all three spheres of government (national, Africa, with US next on the list. provincial and local) under the control of the (See Chapter: Tourism.) Independent Electoral Commission (IEC), established in terms of the Electoral Commis- Co-operative governance sion Act, 1996 (Act 51 of 1996). South Africa’s last municipal elections were held on The importance of co-operative governance 5 December 2000. Some 18 476 500 people and intergovernmental relations in South registered to vote, of whom 55% were Africa is reflected in Chapter Three of the women. The election day was officially Constitution on Co-operative Government, declared a public holiday. which determines a number of principles. The IEC launched a R46-million voter edu- Section 41(2) of the Constitution specific- cation campaign with the theme Vote, its ally determines that an Act of Parliament must your right, in October 2000 to promote voter establish or provide for structures and institu- turnout. It educated voters about, among tions to promote and facilitate intergovern- other things, the different ballot papers used mental relations. It should also provide for in respect of the three different categories of appropriate mechanisms and procedures to municipalities. The UK donated R7 million of facilitate settlement of intergovernmental dis- this, while contributions were also received Government System putes. The Department of Provincial and Local from, among others, Japan, Greece, Austria, Government is developing this framework. Canada, the US, the United Nations (UN) and A number of intergovernmental structures international agencies. More than 1 600 field have been instituted to promote and facilitate workers were recruited and trained in voter co-operative governance and intergovern- registration. They worked with non-govern- mental relations between the respective mental organisations (NGOs) to conduct spheres of government. workshops at factories, churches, schools and These include, among others, the following: traditional gatherings. • The PCC, comprising the President, the The gender distribution of all candidates Minister for Provincial and Local Govern- for the municipal elections was 66% male ment, and the nine Premiers. and 34% women. • Ministerial clusters, Directors-general clus- On election day, 223 712 election staff ters and the Forum of South African were employed at 15 002 voting stations Directors-general (FOSAD), which promote across the country. programme integration at national and The Democratic Alliance (DA) won the provincial level. Cape Town Metro City, while the six other

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metro cities went to the ANC. The ANC won technological and environmental hazards that a total of 170 municipalities, 36 went to the can lead to disasters such as droughts, floods, IFP, 18 to the DA and one to the UDM. In 12 major fires, tornadoes and major oil spills. municipalities no overall majority was The Cabinet approved the formation of achieved. the Interministerial Committee for Disaster The national voter turnout was 48%. Spoilt Management in mid-1997. The Committee is ballots accounted for 2,63% of the total bal- chaired by the Minister of Provincial and Local lots cast. Government. In January 1999, the White Paper on By-elections Disaster Management was released, which By-elections take place within 90 days after underlines the need to link development plan- the resignation or death of a councillor, or ning to vulnerability assessments, enabling whenever a political party exercises its right to measures to reduce the exposure of the poor. change its representation in a council. A chapter of the document addresses pro- In terms of the Local Government: Muni- posals for the development of comprehensive cipal Structures Act, 1998, a by-election must disaster-management training and commun- be held if: ity awareness strategies and programmes. • the IEC does not declare the result of the The White Paper focuses on the need to election of a municipal council, district establish coordination mechanisms and early management area or ward within the warning and information systems, and to period specified in terms of the Electoral carry out advance planning. Key proposals Commission Act, 1996 include the • a court sets aside the election of a council, • development of a strategy to reduce the or in a district management area or in a vulnerability of South Africans – especially ward poor communities – to disasters • a council is dissolved • introduction of a new disaster-manage- • a vacancy in a ward occurs ment funding system to ensure that risk- • a councillor vacates office during a term of education measures are taken, and that office if he/she resigns in writing; no longer sufficient capacity is built to respond to dis- qualifies to be a councillor; was elected asters and to provide for post-disaster from a party list and ceased to be a mem- recovery. ber of the relevant party; contravenes a In April 1999, the Interim Disaster Manage- provision of the Code of Conduct for ment Centre was replaced with the Inter- Councillors; is a representative of a local departmental Disaster Management Com- council in a district council and ceases to be mittee to deal with disasters and other phe- a member of that local council; or is re- nomena and to give advice to the Commit- placed by the local council as its repres- tee. The National Disaster Management entative in the district council. Centre came into operation on 1 April 2000. While the Electoral Commission is responsible In June 2001, the Disaster Management for the management of all by-elections, it also Bill was approved for submission to Parlia- uses these by-elections as an opportunity to ment. It deals with comprehensive matters on update the National Common Voters’ Roll, disaster management, including processes of refining electoral processes and conducting disaster declaration and preventative meas- voter education. ures. Disaster management The Public Service

Like many countries in the world, South At the beginning of the second democratic Africa is at risk from a wide range of natural, term of governance in June 1999, a shift in

312 emphasis took place from restructuring and In addition, a broader and more far-reach- policy-making to service delivery and policy ing review of the regulatory framework has implementation. been prompted by the need for greater align- The year 2000/01 has seen the intensifica- ment of the Public Service framework with tion and consolidation of the initiatives the financial management framework and adopted for the second term. The Depart- the labour relations framework. ment of Public Service and Administration An important focus of the review is also the focused its energies on the strengthening of macro-organisation of the Public Service and management capacity, improving the quality the need to regulate the establishment of of management information, developing public entities (PEs) and agencies to deliver mechanisms to promote service delivery services. improvement, e-government policy and transversal strategies addressing human Macro-organisational issues resource management and development, Part of the drive towards efficient and effect- Human Immunodefiency Virus (HIV)/Acquired ive service delivery is the incorporation of Immune Deficiency Syndrome (AIDS), and mechanisms that allow for partnerships corruption. between public service departments and other entities. Size of the Public Service This includes outsourcing and the creation On 31 December 2000, the Public Service of agencies or PEs to perform particular func- employed 1 042 392 people. This represents a tions. An increasing obligation is monitoring decrease of 23 607 from 31 December 1999. and evaluating the work that is no longer per- Public service numbers have declined grad- formed directly by government. ually but steadily since 1994, when the still- Accordingly, Cabinet has approved the cre- fragmented Public Service consisted of ation of an institutional framework to guide approximately 1,2 million officials. (As at the creation, management and review of PEs September 1993, based on Department of as part of an overarching framework for ser- Foreign Affairs and Payroll sources, there vice delivery. The framework will be incorp- were 1 187 600 public servants in 11 ‘public orated in a more inclusive public manage- services’.) Sixty-one per cent of public ser- ment law which the Minister for Public vants are in the social services cluster of Service and Administration intends to intro- departments (health, education and social duce in 2002 to replace the current Public development). The next biggest clusters are Service Act, 1994. An interim framework has Government System the criminal justice cluster (16%) and the been established to regulate the creation of defence and intelligence sector (8%). PEs until the broad, overarching framework comes into force. Policy and legislation The Public Service Management Framework is Strengthening institutional made up of legislation, regulations and col- performance lective agreements. The Public Service Act, In 1999 and 2000, the Department of Public 1994 (Act 103 of 1994), as amended, as well Service and Administration’s Integrated Im- as the Public Service Regulations, came into plementation Plan (IIP) assisted departments operation in 1999. to develop management plans made up of a The Regulations were re-issued on strategic plan linked to the Medium-term 5 January 2001 with minor amendments and Expenditure Framework. new chapters on the Senior Management This is an organisational structure to deliver Service (SMS) and on financial disclosure by on strategic priorities within budgetary con- heads of departments and certain other strains, a service delivery plan and a human employees. resource plan.

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The management plans provided critical redeployment of South African National information on the Public Service which has Defence Force personnel, has commenced. informed government’s approach to the restructuring thereof. Through the IIP process, Labour relations and conditions departments and sectors have internalised of service government’s priorities more effectively and Proposals on the implementation and the made plans better designed to implement costing of the Personnel Expenditure Review them. for 1999/00 and the Wage Policy were The Department is developing capacity to finalised in March 2000 and taken forward as provide support in change management, part of the negotiating process. organisational development, restructuring, At the 2000/01 annual wage agreements, service delivery innovation and other key areas the parties agreed to establish employer/ of transformation as an internal ‘consultancy’ union task teams on macro-benefits including service to the rest of government. medical aid, housing and pension benefits. The Interprovincial Support Programme A task team was also established to deal (IPSP), which was launched as a support pro- with HIV/AIDS in the workplace. It was fur- gramme for three provinces, has grown to ther agreed that the rank and leg promotion incorporate three more provinces. Initial pro- system would come to an end on 1 July 2001. jects supported the provinces’ efforts to The Public Service implemented the Basic establish performance-management systems Conditions of Employment Act, 1997 (Act 75 and to improve the delivery of services in of 1997), from June 2000. A major agree- accordance with the requirements of the ment on the leave dispensation for the Public Batho Pele service delivery policy. Service, including disability management, was reached in September 2000. Research was Service delivery improvement and conducted into the conditions of services and the restructuring of the Public programmes for the advancement of lower- Service graded workers in the Public Service. The The Batho Pele service delivery policy has Department assisted the Department of been the corner-stone of the Department’s Foreign Affairs and the National Treasury in efforts to improve service delivery in depart- finalising the Foreign Service Dispensation. ments since its promulgation in 1997. A strat- The Public Service Job Summit, held in egy has been developed to revitalise Batho Pietersburg in the Northern Province in Pele during 2001. To encourage service deliv- January 2001, represented a critical advance ery innovation, plans have been developed to in relations between public service unions and establish a Centre for Public Service Inno- the State as employer. The Summit, which vation as a Section 21 company, to incubate was held pursuant to a resolution of the and pilot innovative projects developed by national Job Summit held in October 1998, public servants and private companies. committed the parties to the transformation A draft framework on service delivery in- of the Public Service. The framework agree- novation has been developed and consulted ment reached at the Summit established the upon. Issues addressed in the framework principles and objectives to guide the process. include partnering, shared services, outsourc- ing, a call centre, corporatisation, commer- The Governance and cialisation, activity-based costing, and the Administration (G&A) Cluster redeployment of personnel to non-public The IIP and the management plans that it service employers. helped produce also revealed patterns and A task team was established to address the trends across government that helped guide restructuring of the Public Service. A pilot the planning process for the G&A Directors- restructuring project, aimed at facilitating the general Cluster. The Cluster is made up of the

314 Directors-general of the central regulatory users of government services at the centre, in departments that include the Presidency, the line with the principles of Batho Pele. The pol- National Treasury, the GCIS, the Department icy also carries forward key recommendations of Provincial and Local Government, the of the Presidential Review Commission on IT. Public Service Commission (PSC), the South Accordingly, e-government efforts are based African Management Development Institute on four key pillars: (SAMDI) and the Department of Public • leveraging economies-of-scale to procure Service and Administration. IT hardware and software in a much more The central insight that emerged from the coordinated manner, and avoiding IIP process was that the Cluster’s focus on line exploitation by some IT vendors departments during the first democratic term • fostering inter-operable government sys- of governance had produced positive results tems and avoiding unnecessary vendor but that these changes were not permeating lock-in fast enough to the points of service delivery • e-government security to foster the cit- (hospitals, clinics, schools, police stations, etc.) izen’s confidentiality and privacy on in- This realisation paved the way for an inte- formation provided, flowing, and kept in grated G&A plan of action that is focused on government systems building the capacity of service-delivery insti- • eliminating unnecessary duplications to tutions. This does not imply an abandonment save valuable resources and eliminate of the programmes aimed at the modernisa- inconveniencing the citizen. tion of the Public Service, but signals a real- SITA was established in April 1999. It provides isation that they must be primarily directed at a range of IT services to departments in terms service-delivery institutions. of the State Information Technology Act, 1998 (Act 88 of 1998). During 2000, a num- Fighting corruption ber of departments joined SITA. A financial disclosure framework for top The Government Information Technology managers in the Public Service, aimed at Officers’ Council was established in October preventing conflicts of interest between an 2000. The Council serves as an advisory employee’s private activities and his or her body to ensure coordination on IT matters. official re-sponsibilities, came into operation It has established task teams to focus on IT on 1 April 2000. Affected employees are security, projects, policy, strategy and pro- required to disclose, before 30 April of each curement. year, all their registerable interests. The re- A review of SITA’s business model was con- Government System gulatory framework for disclosures, in ducted, and Cabinet has approved that SITA Chapter 3 of the Public Service Regulations, be restructured to isolate its defence and came into force on 5 January 2001. A panel legacy services, in order to enter into partner- to deal with high-level disciplinary cases has ships with public and private-sector comp- been established. anies with a view to a full transfer of these functions to the partners within three years. State Information Technology This will allow SITA to concentrate its energies Agency (SITA) and e-government on providing e-government services to policy departments. (See chapter: Communications.) Draft e-government policy was scrutinised and revised at a workshop in July 2000 and at Human resource management and an Information Technology (IT) seminar in development October. It was submitted to Cabinet for An investigation and report into the senior approval as a consultation document in April management cadre was completed in May 2001. Extensive consultations are currently 2000 and one of its key findings was that under way. The draft policy seeks to put the the Public Service was ‘under-managed’.

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The shortage of managers was found to be The Department also published an annual even more pronounced in the provinces, report on personnel expenditure and the where the development needs are the Public Service Review Report in May 2000. greatest. The first report of its kind, the 1999/00 For these reasons and others, it was decid- Review Report contains information on the ed to establish a distinct SMS, improved composition of the Public Service, a review recruitment and selection practices for senior of personnel expenditure and a review of managers, competency-based training and service-delivery successes of the past five development programmes, and a more flex- years. A chapter is also dedicated to the ible and cost-to-employer remuneration sys- challenges for improving the management tem. The Competency Framework for the and performance of the Public Service. The SMS was expected to be finalised by May Report is a contribution towards learning 2001. A research project into recruitment and and sharing of best-practice in the Public best-practices was conducted, and a report Service. The 2000/01 Report was released in with recommendations produced. June 2001.

HIV/AIDS Public Service Commission (PSC) A study on the impact of HIV/AIDS in the The PSC is the independent monitor and Public Service was completed. Two further arbiter of the activities, ethos and conduct studies, focusing specifically on the health of the Public Service. The powers and func- and education sectors, were completed in tions of the PSC are set out in Section 196 November 2000 and February 2001 respect- of the Constitution. The Commission is ively. A comprehensive Programme of Action required to has been developed to safeguard the Public • promote the values and principles of public Service against the impact of HIV/AIDS. The administration set out in the Constitution Programme focuses on a workplace policy • monitor, evaluate and investigate human framework and minimum standards; review resource practices, service delivery and of policy, legislation and conditions of service; related organisational matters to assess the and capacity-building and support pro- extent to which they comply with Constitu- grammes. tional values and principles • support the efforts of the Public Service to Public Service information promote a high standard of professional One of the most important tools to improve ethics management performance is to ensure that • investigate grievances of officers and re- they have accurate and relevant information commend appropriate remedies or actions at their disposal to assist in decision-making. • report to Parliament and provincial legis- The Department of Public Service and latures on its activities. Administration, with the co-operation of The PSC is one of a number of institutions other departments, has developed the whose role it is to support the legislature in Vulindlela Report, a quarterly report that enhancing accountability. focuses on trends and patterns in public The PSC is supported by the Office of the service employment. The programme Public Service Commission (OPSC), which encourages the participation of depart- implements policy and programmes of the ments, particularly in the correcting and PSC. The Commission comprises 14 Commis- updating of their own information where it sioners, five based in Pretoria and nine in the is inaccurate or out of date. Human provinces. The Commission has regional resource managers contribute commentaries offices in all the nine provinces. on the figures, which assist in the policy The work of the OPSC is structured around review process. six key performance areas.

316 Ethics and risk management Management and service delivery This unit aims to establish a culture of profes- improvement sional and ethical behavior in the Public The unit investigates, monitors and evaluates Service. It researches and evaluates ethics and management practices and service delivery in corruption, and promotes best-practices in the Public Service. It also monitors service risk management. delivery and management practices at de- The Code of Conduct for Public Servants partmental and sectoral level, and researches was promulgated in 1997 with the aim of and develops innovative methods to enhance providing public servants with guidelines on management practices and improve service the behavior expected of them in the course delivery. of their duties. Public servants are required to serve the public impartially and may not dis- Labour relations criminate unfairly against any member of the This unit investigates, monitors and evaluates public. A cross-sectoral task team was estab- the application of merit and equity principles lished to create a national coordinating struc- and sound human resource practices and ture with the authority to lead, coordinate, policies. This entails providing advice on griev- monitor and manage the National Anti- ances in the Public Service and advice on, and Corruption Programme. The cross-sectoral monitoring of, labour relations. It also invest- task team comprised the public sector rep- igates grievances lodged with the Commis- resented by the PSC, private sector represent- sion, and monitors and evaluates the applica- ed by KPMG and civil society represented by tion of sound labour relations principles in Transparency South Africa. The three sectors national and provincial departments. The signed a Memorandum of Understanding Commission has approved an internal policy committing themselves to the fight against for dealing with complaints lodged with the corruption in South Africa. This led to the Commission by public servants and members launch of the National Anti-Corruption of the public. Forum on 15 June 2001 in Langa, Cape Town. Human resource management and development Special investigations This unit investigates, monitors and evaluates This unit manages the execution of special human resource policies and practices in the investigations with relation to the core func- Public Service. tions of the Commission. It researches prob- In terms of its Constitutional mandate, the Government System lematic public administration areas, invest- Commission conducted investigations into igates and audits departmental anti-corrup- the application and management of various tion units, and contributes to the national human resource practices. These investiga- fight against corruption by participating in tions included the management of leave, cross-sectoral investigations and strategic overtime, sick leave, and dismissal as a result workshops. of misconduct. Reports emanating from these investigations were discussed with rel- evant Parliamentary committees. Information President Thabo Mbeki launched the Presidential Senior management and Strategic Leadership Development Programme (PSLDP) in conditions of service July 2000. This Programme aims to increase the capacity This unit manages the monitoring and evalua- of senior management and leadership in the Public tion of conditions of service and the perform- Service. The PSLDP received a national accolade with its Policy, ance management of heads of departments. Research and Knowledge Management Module being The PSC developed a framework for the rated the best in South Africa by the University of Pretoria. evaluation of heads of departments.

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It conducted research to determine how the Failure to implement these policies could evaluation of departmental heads is dealt result in dismissal. Public service entities (the with in various foreign public services, and Public Service, parastatals and municipalities) also considered the unique circumstances had to set up affirmative action policies con- that apply to South Africa. After a process taining numeric targets and time frames. of consultation, which included FOSAD, Government undertook a national gender Cabinet approved a framework for such audit to assess systems which support gender evaluations. mainstreaming. The audit had the following objectives: Affirmative action • determining the sustainability of the insti- The Government’s affirmative action policy tutional environment within which gender for the Public Service emphasises ‘manage- was to be mainstreamed ment of diversity’, based on public service cul- • understanding the operational dynamics of ture, composition, human resource manage- the institutional environment ment and service provision practices. • ascertaining the mechanisms and process- On 31 December 2000, 51% of public ser- es that can be instituted to enhance suc- vants were women, and 36% of all employ- cessful implementation of a gender main- ees were African women. Seventy-one per streaming strategy cent of public servants were African. • assisting government to establish initial The White Paper on Affirmative Action in benchmarks against which targets can be the Public Service was published in April defined and progress can be measured 1998. It spells out the accountability, mon- over time. itoring, coordinating and reporting respons- The audit found that: ibilities of the various players within affirma- • there is a strong political will and a legis- tive action programmes. The implementation lative framework in place which would of affirmative action policies was incorporat- enable gender mainstreaming ed into managers’ performance objectives • since 1994, the number of women man- and into the performance contracts of agers has increased. Directors-general. With the assistance of the Office on the Status of Women, national Ministries will undertake to: Information • review their infrastructures to undertake gender mainstreaming in a meaningful A project agreement between the UN and the South African Government was signed in March 2001 in way support of government’s National Anti-corruption • arrive at a common understanding about Programme. the role, functions and accountability of Project funding is estimated at about $350,000 and gender focal points. would, over two years, provide institution-building and direct support to the Programme through the following The South African Policy Framework For elements: Women’s Empowerment and Gender Equal- • assessing the corruption situation and anti- ity was approved by Cabinet in December corruption measures in South Africa • further developing the National Anti-corruption 2000. The policy document focuses on the Programme and supporting legislation empowerment of women living in rural areas • strengthening the capacity of selected departments as a means to gender equality. A high and the National Directorate of Public Prosecutions to prevent, investigate and prosecute corrupt acts percentage of these women are African. • strengthening the capacity of the OPSC to detect and Three programmes in the Presidency are prevent systemic corruption risks effecting a proactive approach to ensure the • developing tailor-made provincial anti-corruption integration of gender, children and disability strategies. The project commenced in April 2001 and will be con- issues in the rural strategy which will be cluded after 24 months. launched soon.

318 Training ember 2001 that the Public Sector Education SAMDI is a fully-fledged department headed and Training Authority (PSETA) would be by a director-general to better align the train- formally launched on 25 September. The ing it provides with the challenges of imple- PSETA has been accredited by the South Afri- menting the Public Service Regulatory Frame- can Qualifications Authority as an Education work and government policies. and Training Quality Assurance agency. The The mission of SAMDI is to provide process of accrediting training and education customer-driven organisational develop- providers was completed at the end of Au- ment interventions that will lead to improved gust. Assessors were expected to be accredit- public-sector performance and service deliv- ed by the end of October. Departments have ery. submitted 55 workplace skill plans. In developing its own turn-around strat- egy, SAMDI will broaden its current training Special Investigating Unit focus to an organisational development A special investigation and tribunals unit function. appointed in March 1997 by former President This will enable SAMDI to meet the client- Nelson Mandela to probe corruption and driven needs of departments more effectively maladministration in government was the in order to accelerate service delivery. subject of a CC ruling during 2000. Between February and September 2001, a In November 2000, in a case initiated by total of 12 019 public servants were trained in the South African Association of Personal areas such as the PSLDP, financial manage- Injury Lawyers, the CC ruled that it was ment, human resource management and unconstitutional for the Special Investigations provincial administration training. Unit to be headed by a Judge, and therefore A milestone for SAMDI has been the in particular by Judge William Heath. The launch of the SAMDI/INTAN Capacity-build- Court held that to have a judge performing ing Programme (INTAN is the Malaysian executive functions serves to corrupt the prin- Institute of Public Administration). By Sept- ciple of the separation of powers, and that to ember 2001, 84 South African public service require a judge to perform these functions managers have been trained, 31 of these dur- clearly compromises the independence of the ing study trips in Malaysia. Areas of training judiciary. included training of trainers, needs analysis, Government accepted the Court’s de- management development and leadership cision and Parliament amended the legisla- development. tion that had allowed for a judge to head the Government System The Minister of Public Service and Admin- Unit. Willie Hofmeyr, head of the Asset istration said in her media briefing in Sept- Forfeiture Unit, was appointed to head the Unit. Information Home Affairs The PSC, KPMG and Transparency South Africa launched the first South African Ethics in Practice 2001 Survey in March 2001. The Survey aims to establish a snapshot of The Department of Home Affairs provides current ethics practice of organisations across South individual status determination services. Africa, as well as the ethics trends now and into the The Department has a network of offices in millennium. The Survey will act as barometer of South African all the provinces. Where the establishment of NGOs, business and government organisations’ views fixed offices is not warranted, mobile offices on ethics, trends in the new millennium, and initiatives that organisations may implement in order to improve or units service such areas on a regular pre- ethical practices. It will also address issues such as arranged basis. conflicts of interest and corporate courtesies, which are The Department is divided into five func- beginning to acquire a higher profile in South Africa. The Survey is based on the Ethics Practices Survey, tional support divisions and two line-function which was conducted by KPMG Canada in 2000. divisions.

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Statutory bodies falling under the Depart- • an application for naturalisation as a South ment are the African citizen • Immigrants Selection Board • an application for resumption of South • Standing Committee for Refugee Affairs African citizenship • Refugee Appeal Board • the registration of the birth of children • Film and Publication Board born outside South Africa from South • Film and Publication Review Board (see African fathers or mothers. Chapter: Arts and culture.) The Government Printing Works provides Migration printing, stationery and related services for all The Chief Directorate: Migration is respons- government departments, provincial govern- ible for control over the admission of aliens ments and municipalities. for residence in and departure from South It also publishes, markets and distributes Africa. This entails government publications. Based in Pretoria, • processing of applications for visas, tem- the Printing Works provides a variety of relat- porary residence permits and immigration ed services to departments, the printing permits industry and other African countries, includ- • maintaining a travellers and aliens control ing the manufacture and supply of fingerprint system ink to the South African Police Service (SAPS) • tracing and removing aliens who are con- and the printing of postage stamps for the sidered undesirable or who are in the Democratic Republic of Congo and Lesotho. Republic illegally. Negotiations on the rationalisation of the In 2000, South Africa repatriated 170 317 services of the Government Printing Works illegal immigrants to at least 92 countries. with provincial printing facilities are in Mozambique and Zimbabwe are by far the progress. largest sources of illegal immigrants. South Africa is believed to harbour between 2,5 and Civic services 4,1 million illegal immigrants. The responsibilities of the Chief Directorate: The Refugees Act, 1998 (Act 130 of Civic Services comprise mainly population 1998), gives effect within South Africa to registration and civic services. Population re- the relevant international legal instruments, gistration entails the recording of personal principles and standards relating to re- particulars in the Population Register with a fugees; provides for the reception into South view to the issuing of identity documents; Africa of asylum seekers; regulates applica- identification by means of fingerprints and tions for and recognition of refugee status; photographs; and matters pertaining to the and provides for the rights and obligations status of persons, such as births, marriages flowing from such status, and related and deaths. matters. The Act came into effect on 1 April Civic services entail the issuing of pass- 2000. ports, registration of foreign births, determin- In April 1999, the White Paper on Inter- ing citizenship, and issuing of certificates of national Migration was released, proposing a naturalisation or resumption as South African complete overhaul of the system. At the heart citizens. of the proposed policy is a reliance on market forces to determine which skills are needed in Citizenship matters South Africa. South African citizenship is regulated by the According to the document, illegal aliens South African Citizenship Act, 1995 (Act 88 compete for scarce resources and jobs with of 1995), and the regulations issued in terms South Africans living in poverty. It recom- thereof. South African citizenship may be mends the scrapping of the Immigrants granted by way of Selection Board in favour of ‘objective criteria’

320 administered by a regulatory agency known Department and the new Immigration Service as the Immigration Service. This is intended to envisaged in the Bill, and to adopt the enable businesses to recruit foreign workers required regulations through the necessary on condition that they pay predetermined participation of the relevant stakeholders and sums into a skills training fund for South role-players. African workers. The creation of immigration courts and Visas minimum mandatory penalties for those Aliens must be in possession of valid and employing and harbouring illegal aliens are acceptable travel documents in order to enter also recommended. the Republic. They must also be in possession The White Paper proposes dividing for- of valid visas, except in the case of certain eigners into two categories: workers and the countries whose citizens are exempt from visa rest, which includes tourists and business control. Such exemptions are normally limited people. While workers fall under community to bona fide holiday and business visits and inspectorates, tourists and business people transits. will be eligible for once-renewable three- The phasing-in of computerised visas has month entry permits. continued, and by the end of March 2001 a The Immigration Service will have the total of 54 missions were computerised. A power to negotiate corporate visas, to be further 27 missions were scheduled for the given to domestic companies for a specified implementation of the computerised visa sys- number of foreign workers on the basis of tem during 2001/02. skills needs and administered by the com- The visa system is aimed at facilitating the panies themselves. admission of acceptable aliens at the ports of People to be barred from South Africa entry. A visa does not afford the holder any include those with infectious diseases or crim- right of residence in the Republic. Temporary inal records, citizens of certain countries, residence permits reflecting the purpose and those previously deported, and members of duration of the visit are issued at ports of criminal or terrorist organisations. entry for this purpose. A new system of migration control for South Africa will be launched, which cap- Control of travellers italises on world experience while setting new The travel documents of persons entering or world standards without losing sight of the departing from the Republic are examined by specific features of South African society and immigration officers at recognised ports of Government System government and related limitations and con- entry to determine whether such persons straints. The Aliens Control Act, 1991 (Act 96 comply with the necessary requirements. of 1991), will be replaced by the Immigration Act (when it is passed through Parliament), Control of sojourn which will change not only the criteria for the Aliens who are in the country illegally and who issuance of permanent and temporary res- are therefore guilty of an offence can be clas- idence permits, but also the structures intend- sified into three categories, namely those who ed to administer new procedures. The new • entered the Republic clandestinely legislation will establish regulatory agencies, • failed to renew the temporary residence which will have the flexibility to make detailed permits issued to them at ports of entry determinations on the needs of migration • breached the conditions of their temporary control and society, in close coordination and residence permits without permission, e.g. consultation with the affected interests, role- holiday visitors who took up employment players and stakeholders. Once adopted it or started their own businesses. may take two years to finalise the restructur- Depending on the circumstances, persons ing of the migration line function of the who are in the Republic illegally are prosecut-

321 South Africa Yearbook 2001/02

ed or removed or their sojourn is legalised. • work permits Officers at the various regional and district • business permits offices of the Department are in charge of • study permits tracing, prosecuting and removing illegal • work-seeker’s permits aliens from the country. Employers of illegal • medical permits. aliens are also prosecuted. In terms of Section 11 of the Act, aliens wish- ing to enter the Republic as visitors or for Permanent residence business or medical purposes must be in pos- It is government’s policy to allow immigration session of visas, if not exempt from visa con- on a selective basis. The Department is trol. An immigration officer will issue a tem- responsible for porary residence permit to holders of such • processing applications for immigration visas or to persons exempt from such visa permits for consideration by the central requirements at the port of entry, if such per- and regional committees of the Immigrants sons meet entry requirements. However, per- Selection Board. sons wishing to enter the Republic as work- • admitting suitable persons for immigration, seekers or for work or study purposes must such as skilled workers in occupations in be in possession of the relevant permit that is which there is a shortage in South Africa. issued outside the country. The Department particularly encourages The overriding consideration in dealing applications by industrialists and other with applications for work permits is whether entrepreneurs who wish to relocate their the employment or task to be undertaken existing concerns or establish new con- cannot be performed by a South African cit- cerns in South Africa. izen or an approved permanent immigrant The Department is not directly involved in an already residing in South Africa. active immigration drive. Applications for the extension of tem- In categories where shortages exist, the porary residence permits can be submitted at normal procedure is for employers to recruit the nearest regional/district office of the abroad independently and in most cases Department of Home Affairs prior to the apply for temporary work permits initially. expiry date of the permit. Any enquiries relat- Regional committees of the Immigrants ed to temporary residence permits can be Selection Board consider applications for im- made at the nearest district/regional office of migration permits of prospective immigrants the Department in South Africa, South who wish to settle in the relevant provinces. African diplomatic representatives abroad, or These committees are totally autonomous, the Director-general of Home Affairs for the and have the authority to review applications attention of the Subdirectorate: Temporary that have been rejected and to refer appeals Residence. to the central committee. Enquiries in this regard can be made to the Removal of undesirable persons nearest office of the Department in South In terms of legislation, the Minister of Home Africa, missions abroad or the Director- Affairs may order the deportation of any per- General of Home Affairs (for attention Sub- son (other than a South African citizen) con- directorate: Permanent Residence) in Pretoria. victed of any of the offences specified, or if such person is deemed by the Minister to be Temporary residence an undesirable inhabitant of or visitor to the In terms of the Aliens Control Act, 1991, tem- Republic. porary residence permits are divided into the The Minister may also order the deporta- following categories: tion of any person (other than a South Afri- • visitor’s permits can citizen) if it is deemed to be in the public’s • study permits interest.

322 Acknowledgements

Department of Home Affairs Department of Provincial and Local Government Department of Public Service and Administration Eastern Cape Provincial Government Estimates of National Expenditure 2001, published by the National Treasury Free State Provincial Government Gauteng Provincial Government Government Communication and Information System KwaZulu-Natal Provincial Government Mpumalanga Provincial Government Northern Cape Provincial Government Northern Province Provincial Government North-West Provincial Government Office of the Public Service Commission South African Management and Development Institute Western Cape Provincial Government Suggested reading Africa: The Time has Come: Selected Speeches by Thabo Mbeki. Editor: F. Chikane et al. Cape Town: Tafelberg Publishers, 1998. Awkward Embrace: One-party Domination and Democracy. Editors: H. Giliomee and C. Simkins. Cape Town: Tafelberg, 1999. Between Unity and Diversity: Essays on Nation-building in Post-apartheid South Africa. Editor: G. Maharaj. Cape Town: Idasa and David Philip, 1999. Bold Experiment: South Africa’s New Democracy. Editors: H. Giliomee and L. Schlemmer. Halfway House: Southern Book Publishers, 1994. Brink, A. 27 April: One Year Later. Cape Town: Queillerie, 1995. Budlender, D. The Women’s Budget. Cape Town: IDASA, 1996. Centre for Development and Enterprise. Policy-making in a New Democracy: South Africa’s Challenges for the 21st Century. Johannesburg: Centre for Development and Enterprise, 1999. Change in South Africa. Editor: J.E. Spence. London: Royal Institute of International Affairs and Pinter Publishers, 1994. Camerson, D. J. South Africa, 1990–1994: Miracle of a Freed Nation. Cape Town: Nelson, 1994. Cloete, J.J.N. Accountable Government and Administration for the Republic of South Africa. Pretoria: Van Schaik, 1996. Government System Contending Ideologies in South Africa. Editors: by J. Leatt and others. Cape Town: David Philip, 1986. Corrigan, T. Beyond the Boycotts: Financing Local Government in the Post-apartheid era. Johannesburg: South African Institute of Race Relations, 1998. Craythorne, D.L. Municipal Administration: A Handbook. 4th ed. Kenwyn: Juta, 1997. De Beer, J. and Lourens, L. Local Government: The Road to Democracy. Midrand: Educum Publishers, 1995. Democratic Nation Building in South Africa. Editors: N. Rhoodie and I. Liebenberg. Pretoria: Human Sciences Research Council, 1994. Democracy South Africa: Evaluating the 1999 Election. Editor: Y. Muthien. Pretoria: Human Sciences Research Council, 1999. d’Engelbronner-Kolff, F.M., Hinz, M.O. and Sindano, J.L. Traditional Authority and Democracy in South Africa. Windhoek: Centre for Applied Social Sciences, University of Namibia, 1998. Devenish, G.E. A Commentary on the South African Constitution. Durban: Butterworths, 1998. Direct Access to Key People in South Africa, 2000. Johannesburg: Jonathan Ball, 2000. Ebrahim, H. The Soul of a Nation: Constitution Making in South Africa. Cape Town: Oxford University Press Southern Africa, 1998. Elections ‘94 South Africa: The Campaigns, Results and Future Prospects. Editor: A. Reynolds. Cape Town: David Philip, 1994. Ergas, Z. Catharsis and the Healing: South Africa in the 1990s. London: Janus, 1994.

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Fakir, E. and others. Provincial Pocketbook: PIMS 2000 Guide to Politics in the Provinces. Editor: K. Mackenzie. Cape Town: Idasa, 2000. Free and Fair Elections. Editors: N. Steytler and others. Cape Town: Juta, 1994. Gardner, J. Politicians and Apartheid: Trailing in the People’s Wake. Pretoria: Human Sciences Research Council, 1997. Gevisser, M. Portraits of Power: Profiles in a Changing South Africa. Cape Town: David Philip, 1996. Hadland, A. and Rantao, J. The Life and Times of Thabo Mbeki. Rivonia: Zebra Press, 1999. Hain, P. Sing the Beloved Country: The Struggle for the New South Africa. London: Pluto Press, 1996. Heyns, S. Down Government Avenue: PIMS Guide to Politics in Practice. Cape Town: Idasa, 1999. Heyns, S. Parliamentary Pocketbook. Cape Town: Institute for Democracy in South Africa, 1996. Human Resource Development in the Reconstruction and Development Programme. Randburg: Ravan Press, 1995. Ismail, N. and others. Local Government Management. Johannesburg: International Thomson Publications, c.1997. James, D. Songs of the African Migrants: Performance and Identity in South Africa. Johannesburg: Witwatersrand University Press, 1999. James, W. and Levy, M. Pulse: Passages in Democracy-building: Assessing South Africa’s Transition. Cape Town: Idasa, 1998. Klug, H. Constituting Democracy: Law, Globalism and South Africa’s Political Reconstruction. Cambridge: University Press, 2000. Launching Democracy in South Africa: The First Open Election, April 1994. Editors: R.W. Johnson and L. Schlemmer. New Haven: Yale University Press, 1996. Lodge, T. Consolidating Democracy: South Africa’s Second Popular Election. Johannesburg: Witwatersrand University Press for the Electoral Institute of South Africa, 1999. Lodge, T. South African Politics since 1994. Cape Town: David Philip, 1999. Mail and Guardian A – Z of South African Politics 1999: The Essential Handbook. Compilers: P. van Niekerk and B. Ludman. London: Penguin, 1999. Mayekiso, M. Township Politics: Civic Struggles for a New South Africa. New York: Monthly Review Press, 1996. Maltes, R. Election Book: Judgement and Choice in South Africa’s 1994 Election. Cape Town: Institute for Democratic Alternatives in South Africa (IDASA), 1995. Meredith, M. South Africa’s New Era: The 1994 Election. London: Mandarin, 1994. Murray, M.J. Revolution Deferred: The Painful Birth of Post-Apartheid South Africa. London: Verso, 1994. Nyatsumba, K. M. All Sides of the Story: A Grandstand View of South Africa’s Political Transition. Johannesburg: Jonathan Ball, 1997. Official South Africa Local Government Yearbook, 1997–1998. Johannesburg: Gaffney Group, 1998. Rautenbach, I.M. and Malherbe, E.F.J. What does the Constitution say? Pretoria: Van Schaik Academic, 1998. Political Correctness in South Africa. Editors: R. Erkens and J. Kane-Berman. Johannesburg: South African Institute of Race Relations, 2000. RDP Policy Audit. Editors: P. Bond and M. Khosa. Pretoria: Human Sciences Research Council, 1999. Rule, S. Democracy South Africa: Public Opinion on National Issues, Election 1999. Pretoria: Human Sciences Research Council, 1999. Rule, S. Democracy South Afica: Public Opinion on National Priority Issues, March 2000. Pretoria: Human Sciences Research Council, 2000. South Africa: Designing New Political Institutions. Editors: M. Faure and J.E. Lane. London: Sage Publications, 1996. South African Review 8. Editor: S. Friedman. Johannesburg: Ravan Press, 2000. Sparks, A. Tomorrow is Another Country: The Inside Story of South Africa’s Negotiated Revolution. Cape Town: Struik, 1995. Small Miracle: South Africa’s Negotiated Settlement. Editors: S. Friedman and D. Atkinson. Randburg: Ravan Press, 1994. South Africa Survey, 2000/01. Johannesburg: South African Institute of Race Relations, 2001. State of the Nation 1997/98. Editor: B. de Villiers. Pretoria: Human Sciences Research Council, 1998. Sunter, C. New Century: Quest for the High Road. Cape Town: Human & Rousseau, 1992. The Constitution of the Republic of South Africa, 1996. Cape Town: Constitutional Assembly, 1997.

324 Published in the 11 official languages. The First Five Years: A Review of South Africa’s Democratic Parliament. Editor: R. Callant. Cape Town: Idasa, 1999. Tutu, D. Rainbow People of God: South Africa’s Victory over Apartheid. London: Bantam Books, 1995. The New South Africans: Immigration Amnesties and their Aftermath, edited by J. Crush and V. Williams. Cape Town: Southern African Migration Project, 1999. Van Niekerk, D., Van der Walt, G. and Jonker, A. Governance, Politics and Policy in South Africa.Cape Town: Oxford University Press for Southern Africa, 2001. Voting in 1999: Choosing an Electoral System. Editors: J. de Ville and N. Steytler. Durban: Butterworths, 1996. Waldmeir, P. Anatomy of a Miracle: The End of Apartheid and the Birth of a New South Africa. England: Penguin Books, 1998. Wood, E. J. Forging Democracy From Below: Insurgent Traditions in South Africa and El Salvador. Cambridge University Press, 2000. Woods, D. Rainbow Nation Revisited: South Africa’s Decade of Democracy. London: André Deutsch, 2000. Government System

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