Democracy and Political Governance in South Africa

Table of Contents

1. Frontmatter

2. Democracy and Political Governance in South Africa

   Omololu Fagbadebo, Isioma Ile

   Abstract

   The overall aim of democracy is to stimulate a society characterized by the adequate provision of public goods. Thus, governance infrastructures in a democratic state are expected to harness the necessary potential to ensure adequate production and distribution of goods and services. Good governance is fundamental to the sustainability of a democratic state. In South Africa, the promise of democratic governance heralded the advent of the postapartheid administrations. Public participation through periodic elections in a multiparty political system offered the hope of a new nation committed to the promotion of the ideals of democracy. With formidable democratic institutions and structures, South Africa has an opportunity to explore the various democratic tenets to promote an inclusive society characterized by peace and stability. However, the deepening crisis of governance has exposed the depth of corruption and mismanagement of public resources. Rivalry among the political leadership, especially the governing party, has remained a distraction to governance, thereby impeding the advancement of democratic governance. The chapter submits that loyalty to the state rather than the political organization is critical to the promotion of democratic governance in South Africa.

3. A Critique of South Africa’s Quest for Accountable, Efficient and Effective Public Service

   Isioma U. Ile

   Abstract

   This chapter provides a critique of leadership accountability in South Africa. One of the cardinal issues in the APRM framework is the imperative of leadership accountability. The author reviewed previous reports on leadership accountability and efficient service delivery in the public sector. Despite government avowed commitment towards improved accountability, the South African state continues to be drenched in the state capture crisis. This chapter is shaped by one of the critical and identified APRM political governance objectives. Specifically, the chapter critiqued, the extent to which the South African state has and is ensuring its public office holders and civil servants are both accountable and efficient in the delivery of services. Thus, within the South African context, this chapter examines the key issues to improving public service accountability and efficiency. Furthermore, best practice was identified with a view of highlighting what works to enable sharing of insights with other African countries, but also, where challenges remain, these were analysed, and opportunities for practice improvement were spelt out in the form of recommendations offered. Thus, this chapter provides significant insights to strengthen the South African state’s ability to improve public service efficiency and accountability.

4. Evaluating the Commitment of South Africa to the Principles of Separation of Powers

   Evans Sakyi Boadu

   Abstract

   The notion of separation of power is a crucial prerequisite for both consolidated and emerging constitutional democracies. The functional and structural divisions between the three branches of government in every democratic state are embedded in the concept of separation of powers. South Africa having negotiated a new constitution that gave birth to a constitutional democracy in postapartheid, the idea of separation and balancing of power was ingrained into the laws enacted by the state. Despite the misgivings surrounding the practical application of the concept, the country has made some strides in defending the letter and spirit of the 1996 Constitution by upholding the doctrine of separation of power and rule of law through a functioning government, independent judiciary, and effective parliament. Thus, this chapter unpacked the commitment of South Africa toward the tenets of separation of power. The study highlighted that the institutional and procedural structures have inspired cooperative government and checks and balances among the branches of government. Moreover, the structural and procedural partitions of public powers coupled with oversight responsibilities and veto powers have increased the assurance of the public in the three branches of government. The study emphasized that the emerging democracy in South Africa could be further consolidated if the branches of government remain committed to the tenets of separation of power.

5. A Rural Perspective on the African Peer Review Mechanism: Views on Socio-Economic Development and Public Service Delivery in Rural South Africa

   Betty C. Mubangizi

   Abstract

   The African Peer Review Mechanism’s (APRM) merits and significance in the governance debate have emerged as a pivotal point in the evolution of institutional and state governance, providing enormous prospects for public accountability, socio-economic progress, and development of African countries. Through decentralisation, which many African countries have embraced, local government provides scope for such opportunities to come to fruition. As a result, following South Africa’s admission to the African Peer Review Mechanism in 2003, the realm of local government is important to the achievement of the country’s Programme of Action. The White Paper on Local Government (WPLG), which serves as the Chapter’s starting point, provides a policy framework for local government in South Africa that is congruent with the APRM’s theme areas of democracy, political governance, and socio-economic development. Local government in South Africa, however, is not a homogeneous institution, and there are differences in their capacity to provide for their citizens. The WPLG provides a policy framework for both rural and urban towns, but the two environments are significantly different, providing substantial issues for rural communities. Previous APRM self-assessment reports were silent on the subject, preferring to focus on national victories rather than disaggregating rural–urban achievements and concerns.

6. Democracy, Peace and Stability in South Africa: The Struggle Continues

   Enos Lekala

   Abstract

   After decades of protracted conflicts, South Africa peacefully transitioned into democracy in 1994. South Africa’s then-new regime resonated with the growing democratic wave and had all the markings of a progressive democracy with speckles of both socialism and liberalism. Fuelled by Mandela’s deepening prominence, the democratic dispensation positioned South Africa as a regional power player as seen by its BRICS membership, a regular invitation to G7, and rotational sit at the United Nations Security Council and various roles within the African Union to promote peace, stability and prosperity.

   However, while South Africa’s efforts to build peace and promote stability are commendable, there remain several areas of concern that pose an imminent threat to peace and stability in the country. Officially the most unequal society on planet earth, it is no surprise then that the triple-helix issues of poverty, inequality and unemployment are recurrent features that pose a thread to South Africa’s peace, stability and prosperity. Accompanied by racism, xenophobia and crime, the country is fast galloping to the cliff. The jury on whether it is too late to turn the tide is still out.

7. South Africa’s Political Commitment to the Promotion and Protection of the Rights of Vulnerable Groups

   Adeyemi S. Badewa, Mulugeta F. Dinbabo

   Abstract

   Protecting and promoting the rights of vulnerable groups is an internationally recognised standard for good governance and inclusive development. This is underscored by the African Peer Review Mechanism (APRM) as essential to strengthening democracy and political governance in Africa. This chapter reviews the progress made by the Republic of South Africa since 2019 on the rights of vulnerable groups. It argues that practices and affirmative actions towards combatting prejudice or eliminating conditions that perpetuate discrimination against vulnerable and marginalised groups at both national and sub-national levels in South Africa have produced mixed results. These include challenges of designing and implementing policies and programmes of social inclusion that address the vulnerabilities of immigrant populations—asylum seekers, refugees, undocumented migrants and gender non-conforming people. Similarly, public and service delivery systems have not prioritised protective measures to secure their lives, properties and livelihoods against violence. Therefore, cooperative governance, socio-economic inclusion and support for vulnerable groups should be incorporated into the national development priorities of South Africa. Starting with the review of national intervention programmes, an overhaul of public participation mechanisms and processes to enhance efficiency in service delivery is critical to sustainably address these challenges.

8. Evaluating the Rights of Children and Young People in Africa: The Policies and Practices in South Africa

   Evans S. Boadu, Friday Alaji

   Abstract

   South Africa is not an exception to Africa’s several policies and legislative frameworks that seek to promote and protect children, and young people, respectively. While on the one hand, the majority of children and young people are protected by these policies and legislation, the reality on the other hand is that many live-in debilitating situations in various parts of the continent including South Africa. Regrettably, there is a lasting uncertainty surrounding some of these pieces of legislation and policies set out explicitly to promote and protect children’s and young people’s rights at the global and national levels, despite several laudable policies and legislations. Thus, the study reflected on these policies and practices with special reference to South Africa. Using a qualitative analysis approach, this chapter has examined some of the national policies and other legislative instruments as to how they have promoted, protected, or truncated the rights of children and young people in the country. The study as a matter of urgency calls for an all-inclusive strategy that factors income generation, access to education, etc., as a way forward. Thereafter, some recommendations as to curbing this malady such as the establishment of a national commission on the rights of children and young people with a legislative mandate to constantly monitor and evaluate children and young people’s rights violations and handle complaints, among others are advanced.

9. Promotion and Protection of the Rights of Citizens in South Africa: A Review

   Omololu Fagbadebo, Olumuyiwa T. Faluyi

   Abstract

   South Africa has one of the best legislative frameworks for the promotion and protection of the rights of citizens. Chapter two of the Constitution profiles the Bill of Rights with an extensive commitment to ensure that citizens have access to their fundamental rights. Given its apartheid regime noted for its disdain for human rights, the post-apartheid administration factor respect for human rights as the cornerstone of its constitutional democracy. However, adherence to these laws in compliance with the intendments of the drafters of the constitution left much to desire. This chapter discusses the issue of human rights from the perspective of a functional government committed to the principles of public administration. Compliance with these rights requires the institutionalisation of good governance. The chapter noted that the violation of governance principles in the management of the affairs of the South African state impedes the promotion and protection of the rights of citizens. Thus, adherence to the implementation of public policies with prudence in the exercise of power would stimulate a regime of accountability required for the protection of the rights of citizens.

10. The Voice of the Voiceless: The State of Civil and Political Rights in South Africa

    Zwelinzima Ndevu

    Abstract

    While the 1996 adoption of the constitution and the democratic breakthrough in 1994 ensure that civil and political rights are guaranteed, structural problems still exist in South Africa that prevents citizens from exercising and fully enjoying their civil and political rights possible. The exercise of South Africans’ rights was severely constrained by instances of corruption like state control, extreme poverty, high unemployment, and violent crime. The quality and accessibility of these rights have also been undermined by restrictions and funding cuts for health and education services. The necessity to safeguard and advance civil and political liberties will guarantee that the state respects citizens’ rights and integrity, and it is up to it to take the necessary precautions to do so. While acknowledging the advancements made in the promotion and protection of civil and political rights, the African Peer Review Mechanism’s 2007 country report also noted that the apartheid era’s lasting legacy continued to be pervasive, leading to disparities, distortions, and social relations. The chapter will concentrate on issues including individual rights, civil society’s function, strategies to support political parties, and freedom of association.

11. An Assessment of Government Commitment to the Promotion and Protection of Women’s Rights in South Africa

    Meron A. Okbandrias

    Abstract

    African Peer Review Mechanism (APRM) report on South Africa indicates a steady improvement in the different areas. This improvement is also apparent in the promotion of the rights of women. The country has enacted several legislations to uphold women’s equality and protection. It has used different instruments to implement these legislations with different degrees of success. This chapter looks at the progress made on the APRM 2021 report compared to the previous report on the development of women’s representation in government and economy, poverty alleviation and access to dignified living, and gender-based violence. The chapter delves into the developments made to address gender-based violence, since there was a significant uptick during the Covid-19 pandemic. Government reports, Stats SÁ, and other publications were used to source data for the chapter. The conclusion is that despite the significant progress that has been made in this area, women need to be represented more in the higher position of the economy, still lack access to services, and encounter biased accessing opportunities, and face unacceptably high levels of gender-based violence and femicide. A concerted effort is required to address these issues in government, the private sector, and society.

12. Deepening Leadership Accountability in South Africa

    Omololu Fagbadebo, Isioma Ile

    Abstract

    Given the various indications of leadership failure in the government of South Africa, it is evident that accountability is still lacking despite all the constitutional and institutional mechanisms. Dominant party phenomenon in the country has eroded loyalty to the state and its governance apparatuses. Hence, the bourgeoning crisis of governance. This chapter, therefore, reviews the need for accountable leadership in the South African political system and calls for a strengthened institutional mechanism to instill and enforce responsible leadership in the conduct of state affairs. There are requisite legislative frameworks capable of ensuring effective accountability in government. Nevertheless, the level of compliance is weak, and the attitudinal disposition of the political leaders to power depict the prevalence of personalised politics whereby the desires for pecuniary gains dominate the administration of public policies. The chapter submits that effective legislative oversight for accountable leadership requires a re-oriented political outlook and institutional reforms.

13. Correction to: Peace and Stability in South Africa: The Struggle Continues

    Enos Lekala