Skip to main content

The capability of the state starts with a collaborative government.

The edited version was published in the Sunday Times on 1 December 2024 under the headline. "Capable municipalities are the ultimate coal face of governance."


South Africa is a multi-jurisdiction democratic state. While many would want to believe that it operates within a context of separation of powers, it is, in fact, a democracy that has defined itself in terms of the authorities it requires to govern. It defines where each authority is vested and digs deeper to clarify where each authority lies at the subnational level. RSA has no legislative, executive, or judicial power; what the Constitution promotes is where such authority vests. 

 

This authority we allow freely elected public representatives to govern with is a legal expression of "we the people's" power. It is derived from our will, which legitimises them. Because we also allow the authority to further vest in provincial and local government jurisdictions, it is by design derived from distinct, interrelated, and interdependent political mandates. To the extent that these mandates are in jurisdictions, these authorities can never be central but federated. This is why RSA, as one sovereign state, constitutes a government in the three spheres. The unfolding permutations of the government of the day where there is no absolute power to govern has reopened the ‘how central or federal’ is the constitutional order.

 

Spheres of government, unlike tiers, denote a framework where national and sub-national jurisdictions do not have a hierarchical but a cooperative or collaborative relationship regarding service delivery. It respects the politically derived mandate of freely elected representatives from "we the people" at 44 district municipal, 8 Metropolitan, 205 two local municipal, and 9 provincial jurisdictions, including an overarching national one. These jurisdictions can, and it is constitutional, all have different governments of the day, including coalition arrangements from different political parties. This makes cooperation and collaboration the foundation upon which state capability should be construed, anchored, and practised. It is the quality of systems that will yield heightened capability.

 

The constitutional order or system expects spheres of government and the organs of state (elected or appointed) therein to interact and transact with each other to implement policies of the various politically mandated governments of the day. In these interactions and transactions, negotiations, tradeoffs, compromises, and concessions will be made by the organs of the state in spheres of government and the accompanying maze of relationships. This makes RSA a profoundly intergovernmental relations-intensive and multiparty political mandates-sensitive constitutional and democratic order. 

 

All sovereign states, the end-experience of all public policies is firms and households. No firms and households are in the national and provincial spheres; all are in the local sphere. The RSA Constitution, in particular, formalises this by establishing municipalities for the whole territory of South Africa. Whilst firms and households are citizens of RSA, they have a domicile relationship with it through the local government sphere. It is, therefore, the state's capability to synchronise whatever policy from other spheres with municipalities as the ultimate coal-face jurisdiction of government. 

 

In almost all instances where national public policy could or was not implemented, evidence is there was insufficient follow-through on what role municipalities should play and what enablement tools were deployed to give support. RSA Auditor-General reports provide substantive proof of collaboration-deficient governance, which has resulted in chronic poor to no service delivery. Municipalities' legal and political jurisdiction character creates a sub-national autonomy context that imposes a state-wide cooperative and collaborative obligation. The Municipal Systems Act obligates all statewide planning to start at that level through an integrated development planning process. Organs of state, elected or appointed, human or otherwise, are the ultimate state capability-carrying institutions whose mandate is incomplete if not underpinned by the RSA Constitution's cooperative government principles. 

 

State capability is, therefore, about or entails the doing aspects of government. It assumes an already existing framework of the "what to do's" and "where to do's" of the state. It assumes approved budget values and itemisations the state’s capability must deal with. Being capable means seeing measurable outputs that define overall policy outcomes. In a capable state, a maze of distinct, interrelated, and interdependent standard operating procedures define the government culture, public service and public sector work ethic. Until practical implementation is expressed by a capable state institutional and collaborative framework, no public policy will have the desired impact. 

 

Capability must condition a state bureaucracy in as much as a bureaucracy expresses its existence through it. The institutionalist character of state capability should make the politics that define state priorities important. In its capable mode, the state should be a productive environment wherein its functionaries master the art of loyally executing the lawful policies of any government of the day in all spheres of government or political mandate carrying jurisdiction-based government of the day. 

 

The terrain of collaboration and cooperation in a capable state comes through the interactions and transactions between and amongst organs of the state. These ultimately define state-wide relations and relationships that complete the capability journey of a state. It is equally important to insist on the qualifications of the public service as it is to build the public service system to generate a capability stimulus for those that enter it as a vocation. 

 

The convergence of state-wide agencies and across the three spheres of government to deal with illegal mining presented South Africa with a practical terrain to deploy its multi-jurisdiction state capabilities. The Zama-Zama syndicates have united state agencies into one of the most elaborate intergovernmental and intersectoral projects since COVID-19. The state's capability is not theoretically demanded in Stilfontein and other places; it is applied and lived, or the anarchy persists. The GNU's ambitious targets have a test site regarding cooperating and collaborating capably. CUT!!

 

Dr FM Lucky Mathebula is a public policy analyst and the founder of the Thinc Foundation. He is a research and innovation associate at the Tshwane University of Technology

Comments

Popular posts from this blog

The DD Mabuza I know, dies a lesson to leadership succession mavericks.

When we completed our Secondary Teachers Diploma, together with two cohorts that followed us, at the Transvaal College of Education, and we later realised many other colleges, in 1986, we vowed to become force multipliers of the liberation struggle through the power of the chalk and chalkboard.   We left the college with a battle song ‘sesi bona nge sigci somoya, sesi bona nga madol’nkomo, Siyaya siyaya’. We left the college with a battle song' sesi bona nge sigci somoya, sesi bona nga madol'nkomo, Siyaya siyaya'. This song, a call to war with anyone, system, or force that sought to stop us from becoming a critical exponent and multiplier to the struggle for liberation, was a powerful symbol of our commitment. We understood the influence we were going to have on society. I was fortunate to find a teaching post in Mamelodi. Mamelodi was the bedrock of the ANC underground. At one point, it had a significantly larger number of MK operatives than several other townships. Sa...

Farewell, Comrade Bra Squire, a larger-than-life figure in our memories: LITERALLY OR OTHERWISE

It’s not the reality of Cde Squire's passing that makes us feel this way. It is the lens we are going to use to get to grips with life without him that we should contend with. A literally larger-than-life individual who had one of the most stable and rarest internal loci of control has left us. The thief that death is has struck again.  Reading the notice with his picture on it made me feel like I could ask him, "O ya kae grootman, re sa go nyaka hierso." In that moment, I also heard him say, "My Bla, mfanakithi, comrade lucky, ere ko khutsa, mmele ga o sa kgona." The dialogue with him without him, and the solace of the private conversations we had, made me agree with his unfair expectation for me to say, vaya ncah my grootman.    The news of his passing brought to bear the truism that death shows us what is buried in us, the living. In his absence, his life will be known by those who never had the privilege of simply hearing him say 'heita bla' as...

Celebrating a life..thank you Lord for the past six decades.

Standing on the threshold of my seventh decade, I am grateful for the divine guidance that has shaped my life. I am humbled by the Lord’s work through me, and I cherish the opportunity He has given me to make even the smallest impact on this world.  Celebrating His glory through my life and the lives He has allowed me to touch is the greatest lesson I have learnt. I cherish the opportunity He has given me to influence people while He led me to the following institutions and places: The Tsako-Thabo friends and classmates, the TCE friends and comrades, the MATU-SADTU friends and comrades, the Mamelodi ANCYL comrades, the ANC Mamelodi Branch Comrades, the Japhta Mahlangu colleagues and students, the Vista University students and colleagues, the Gauteng Dept of Local Government colleagues, the SAFPUM colleagues, the  SAAPAM community, the University of Pretoria colleagues, the Harvard Business School’s SEP 2000 cohort network, the Fribourg University IGR classmates, the Georg...