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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

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