1. RETHINKING THE RELEVANCE OF THE PROVINCIAL SPHERES OF GOVERNMENT TO PROMOTE LOCAL DEVELOPMENT IN SOUTH AFRICA By Kishore Raga Nelson Mandela Metropolitan University

2. INTRODUCTION • SA - constitutional democracy - three-tier system of government and independent judiciary. • National, provincial and local spheres of government have legislative and executive authority in their own spheres - Constitution, 1996. • Current debate concerning future role of provincial spheres of government to promote local development in SA is causing significant levels of conflict.

3. June 2007, ANC Policy Conference 3 options presented. • 1. abolish provinces – retain national and local government; • 2. possible reconfiguration of provinces; and • 3. reduction of provinces. • No decision was taken on the future of provinces. • September 2010, ANC’s National General Council again did not make the final decision on the future of provinces.

4. In this paper, a brief overview of the provincial system of government in SA prior to and after April 1994 (democracy) is provided. • Advantages and disadvantages of the possible retention, abolishment or reconfiguration of provincial spheres of government to promote local development in SA is explored. • The paper concludes with recommendations and concluding remarks.

5. PROVINCIAL GOVERNANCE IN SA: HISTORICAL PERSPECTIVE • Development of regional government and administration in SA over past century can be divided into, viz.: • Events before Union; • Union in 1910; • Withdrawal from the British Commonwealth • Introduction of the Republican Constitution in 1961; • Abolition of the provincial councils in 1986; and • Introduction of the Constitution of RSA, 1993; 1996.

6. South Africa Act, 1909 stipulates each of the 4 provinces of the Union of SA retain a measure of autonomy in specific matters. • Provincial councils formulated ordinances on, inter alia: • Primary education; • Hospital services; • Local government; and • Trade licensing.

7. Provincial councils were retained in the RSA Constitution Act, 1961. • Early 1980’s - system of provincial government featured in the search for a new constitutional structure. • 1982, the government’s guidelines included provincial and local government. • Guidelines added a new dimension - government powers and functions be devolved to provincial and municipal level. • This principle was endorsed by Cabinet in 1985.

8. HISTORICAL PERSPECTIVE: 1990-1996 • In 1990, the unbanning of the ANC led to negotiations to establish a new democratic state. • Compromise of a unitary state with some federal features was adopted (ANC, 2010:4).

9. ARGUMENTS IN FAVOUR OF CREATION OF PROVINCES • size of the country necessitated three spheres of government; • decentralisation to local and regional governments promotes effective governance; • brings government closer to the people and enhances accessibility; and • building unity whilst acknowledging diversity and the rights of minority political groupings.

10. PROVINCIAL GOVERNMENT: CONCERNS • be costly - drain scarce human and financial resources; • lead to duplication; • lack of accountability; • competition between levels of government; • cumbersome and lead to delays in decision-making and implementation of programmes.

11. ROLE OF PROVINCIAL GOVERNMENT IN RESPECT OF LOCAL GOVERNMENT • Provincial structure - vehicle for the co-ordination of provincial line departments with programmes and projects that affect local government. • White Paper on Local Government (1998): provinces have roles to play in terms of local government, viz: • developmental role - provincial government ensure that integrated development plans of municipalities combine to form a viable development framework across the province;

12. an intergovernmental role whereby local government is included in provincial decision-making; • horizontal co-operation and co-ordination between municipalities and provinces; and • play a monitoring role - province monitors local government’s execution of matters and performance.

13. PROVINCIAL GOVERNMENT: CHALLENGES • Provinces and local government not functioning in accordance with their founding objectives resulting in inefficient service delivery. • Inefficiencies take the form of, inter alia, duplication, lack of capacity, waste of fiscal resources and general non-delivery.

14. RESPONSE BY GOVERNMENT TO CHALLENGES • Introduced new institutional structures, viz.: Intergovernmental Relations Framework Act, 2005; • Planning models - Local Government Turn Around Strategy; • Accountability framework - Government Wide Monitoring and Evaluation System; • Oversight and Accountability Model: Asserting Parliament’s Oversight Role in Enhancing Democracy.

15. PROVINCIAL PERFORMANCE MANDATE: CHALLENGES • Support and oversight not adequately fulfilled; • Poor separation of political and administrative aspects; • Departments under-resourced – staffing unsuitable - lack required skills and knowledge; • Interaction between local and sectoral departments at national sphere poorly managed leading to conflict / confusion (ANC, 2010:12).

16. PROPOSED REFORM PROCESS • Retain the system as is; • Remove the provincial sphere and retain national and local government; • A three sphere system with fewer provinces; and, • Radically move away from a geographically-based system, to downscaled administrations (ANC, 2010: 24-25).

17. ANC also proposes local government reforms: • Abolish the two tier system of local government (district municipalities and municipalities); • Reform the districts; and • Remove the districts and reclassify municipalities;

18. ARGUMENTS TO RETAIN PROVINCES • Part of the historical constitutional settlement reached; • Key to effective service delivery. • Provinces - democratic structures - abolition or undermining impact negatively on the democratic foundations of the country. • Reasons for service delivery problems - not constitutional or legal but shortages and lack of skills, training and human resources.

19. Non-structural challenges like poor service delivery cannot be addressed by structural changes. • Benefit of the current system – central government not burdened with responsibilities that provinces carry; and • Allows it to focus on strategic planning and policy.

20. RECOMMENDATIONS • Provinces remain as they are, and provide support and service to the local sphere of government to remain viable. • Metropolitan and district municipalities serve as centres for long-term development. This will leave the provinces with a more marginal co-coordinating role. • Scrap provinces altogether - two-sphere system of government (local and national) but will require constitutional and legislative changes.

21. Latter could release significant resources and capacity to municipalities. • Retain three-tier system with fewer provinces – will mean redrawing provincial boundaries.

22. CONCLUSION • The fundamental reform of the multi-sphere system in South Africa must start with a clarification of what issues and problems are local, regional, and national. • Clarification of roles and responsibilities will, in turn, help simplify what is now an ‘over-complicated’ intergovernmental system.