Provincial Government in South Africa 16–18 August 2000 Holiday Inn Garden Court Umtata Table of Contents Introduction 5 Ms Xoliswa Jozana, Head of Department, Department of Political Science, University of the Transkei (Unitra) Welcoming Remarks 7 Dr Michael Lange, Resident Representative, Konrad Adenauer Foundation Opening Remarks 11 Ms Xoliswa Jozana, Head of Department, Department of Political Science, University of the Transkei (Unitra) Opening Remarks 15 Prof. Peggy Nomfundo Luswazi, Registrar Academic, Unitra Keynote Address: Provincial Government in South Africa 17 Mr Zam Titus, Director General, Ministry of Provincial and Local Government International Perspectives on the Allocation of Powers Between the 21 Tiers of Government: The Case of Nigeria Prof. Jerry Kuye, School of Public Management and Administration, University of Pretoria Intergovernmental Relations in South Africa: A Comparative Analysis 25 Mr Rashid Kalema, School of Government, University of Western Cape Provincial Government in South Africa Since 1994 37 Dr David Pottie, Electoral Institute of South Africa Igoli 2002: Towards a Megacity Government 49 Mr Sam Kongwa, Department of Political Studies, Unitra 3 Table of Contents Public Participation in Provincial Legislative Processes in South Africa 53 Dr Greg Houston, Human Science Research Council Accommodating Groupism in a Liberal Democratic Dispensation 71 Dr Eric Labuschagne, Department of Political Studies, Unitra The Impact of Constitutional Relationships Between the Three Spheres of Government: 77 The South African Perspective Mr Sitembe Msaseni, Department of Political Science and Public Administration, University of Port Elizabeth Transformational Challenges in Provincial Administration 85 Mr Masilo Mabeta, United Democratic Movement The IFP Perspective on Provincial Government 89 Minister Narend Singh, Inkatha Freedom Party Prospecting for Productivity: Enhancing Good Governance in the Provinces 97 Dr Heather Nel, School of Public Administration and Management, University of Port Elizabeth Prospects for Provincial Government in South Africa: The Way Forward 107 Dr Mohammed Sutry, National Council of Provinces Transparency International and the Fight Against Corruption 111 Ms Gladwell Otieno, Transparency International, Germany Programme 117 Participants’ List 119 Seminar Reports 123 Occasional Paper Series 125 4 Introduction The adoption of a political dispensation that could provide for the dispersal of political authority from the center to regional areas was a compromise reached by the negotiating parties before the 1994 elec- tions in South Africa. Prior to that compromise, the African National Congress (ANC) favoured a strong central government, while the National Party advocated the devolution of strong powers to the regions. During the constitutional negotiations, an agreement was reached on the decentralisation of government thereby giving significant powers to the regions. Strong regional governments were agreed on in order to encourage democratic participation, promote local initiatives and foster a redistribution of resources and economic development. Nine provinces were identified based on economic, social and population criteria. South Africa, like Yugoslavia, is characterised by significant territorially defined communal diversities of, for example, culture, language, ethnicity as well as economic disparities. Historically, pluralist soci- eties such as the United States, Switzerland and India opted for such devolution of power to states, regions or provinces so as to bring about national unity. National unity and political stability were equally influential in persuading the ANC leadership to agree to decentralisation of power to the provinces. It is against this background that the need to evolve special arrangements to accommodate regional interests and demands for regional autonomy was recognised by the ANC government. However, the division of political authority and the distribution of political responsibilities as they relate to the two levels of government – central and provincial – have not been entrenched in the Constitution. South Africa’s provincial governments have little autonomy and indeed are weak in relation to the powers of the national government. All the provinces possess legislatures, cabinets and premiers that are con- cerned with local affairs such as education, health services, highways, tourism and fish and game. The public demand for services far outstrips the financial ability of both the provinces and the ailing local governments, particularly in the poorest of these provinces, the Eastern Cape. The performance of many of these provinces, therefore, has a mixed record. The Department of Political Studies, in collaboration with the Konrad Adenauer Foundation, organised a conference on intergovernmental relations to address the problems that confront the system of provin- cial government in South Africa. The international conference entitled Provincial Government in South Africa took place in Umtata, Eastern Cape from 16 to 18 August 2000. This provided a forum for acad- emics, non-governmental organisations, politicians, political parties and government representatives to share perspectives on the provincial system of government in South Africa. The conference aimed at stimulating debate on the role and future of the provincial governments in South Africa and at generating proposals for capacity building and/or alternatives to the present politi- 5 Introduction cal dispensation. The papers were a blend of theoretical and practical contributions to the ongoing debate around ways of ensuring efficiency, democracy and more responsive governments in the provinces. The conference therefore provided a forum to take a fresh look at the Constitution and to find a new balance in intergovernmental relations. Some of the key questions that the conference hoped to address were the following: How can the capacity of these provinces be enhanced to ensure delivery at this level of government? Are the provin- cial governments strong and competent to supervise and control local governments? Is the system of provincial government costly and wasteful in view of the duplication of political structures and func- tions? How can the system be modified in order to make it efficient and cost effective? More impor- tantly, is there an evident shift in South Africa from a quasi-federal structure to a more federal or more unitary form of government? Ms Xoliswa Jozana Head of Department, Department of Political Science, University of the Transkei (Unitra) 6 Welcoming Remarks Michael Lange INTRODUCTION of human rights, assist economic development On behalf of the Konrad Adenauer Foundation as well as help to implement social justice and (KAF), I would like to extend a warm welcome the rule of law. to you all. This is now the fifth conference KAF is one of six political foundations in KAF has organised jointly with the University Germany today and is closely affiliated to the of the Transkei’s (Unitra’s) Department of Christian Democratic Union Party – a centrist Political Studies. political party founded after the Second World The forthcoming deliberations will focus on War. It proudly bears the name of one of its an issue which is of particular significance to founding members, Konrad Adenauer, who KAF, since questions relating to the role of subsequently became the first Chancellor of provincial governments in the new democratic post-war Germany. dispensation of South Africa have formed part The international activities of KAF are root- and parcel of KAF’s ongoing involvement in ed in the Christian concept of human nature. the consolidation of new political dispensa- By advocating Christian values, the Foundation tions, not only in South Africa but around the is helping to establish Christian Democratic world. principles not only in Germany, but worldwide. KAF has been cooperating with partners 1. A BRIEF BACKGROUND throughout the world for almost 40 years. For those wondering what kind of organisation Currently, some 80 colleagues oversee some KAF is, allow me to sketch a brief background 200 projects and programmes in more than 100 to the German political foundations and to out- countries. In this way, KAF makes a unique line some of the reasoning behind KAF’s contribution to policies serving peace and jus- involvement in academic endeavours of this tice in international relations. nature. The German political foundations are a 2. KAF IN SOUTH AFRICA unique feature of today’s democratic culture in KAF currently has wide-ranging programmes Germany. The move behind their creation – in different parts of Africa, as well as in the which dates back to the 1960s – was the expec- different provinces of South Africa. The tation that political and civic education would Foundation cooperates with centrist political help develop and consolidate democracy in parties and their respective think-tanks, as well post-war Germany. as with reputable education and research insti- Both in Germany and abroad, these founda- tutions, as witnessed by today’s event. tions seek to further develop and encourage Since the beginning of our involvement in people to engage in political debate, thereby South Africa we have actively participated in strengthening democracy and promoting a plu- projects concentrating on, among other things, ralistic society. By engaging in a variety of constitutional development at federal, provin- activities, they help to strengthen the concept cial and local levels. 7 Lange