The following legislative and policy framework guides the EPWP:
3.3.1 Constitutional mandate
The South African Constitution, Chapter 10, Section 195(1), stipulates that public administration must be governed by the democratic values and principles that promote efficient, economic and effective use of resources. It further states that people’s needs must be responded to (The South African Constitution, 1996: Section 195(1) b & e). Sections 26 & 27 of the Constitution also emphasizes the rights of citizens to basic services such as health care, food, social security, housing, education, water and information in an equitable manner. The EPWP has been initiated to create job opportunities to ensure the provision of basic needs to all citizens.
3.3.2 Principles of co-operative government and inter-governmental relations Section 41 of the RSA Constitution states that all spheres of government and all organs of state within each sphere must cooperate with one another in mutual trust and good faith by fostering friendly relations; assisting and supporting one another;
informing one another of, and consulting with one another on, matters of common interest; coordinating their actions and legislation; adhering to agreed procedures;
and avoiding legal proceedings against one another. It is within this framework that the government adopted the EPWP as a national programme encompassing all spheres of government and state-owned enterprises (NDPW Third Quarter Report, 2007).
Chapter two, Section 9 of the Constitution states that:
· Everyone is equal before the law and has the right to equal protection and the benefit of the law;
· Equality includes the full and equal enjoyment of all rights and freedoms. The enjoyment of rights, freedoms and opportunities is extremely limited or non- existent in situations of poverty and unemployment; hence the government initiated the EPWP to address these challenges.
3.3.3. Reconstruction and Development Programme
The Reconstruction and Development Programme (RDP) is an integrated, coherent socio-economic and social development policy framework which sought to mobilize all South Africans and the country’s resources to eradicate apartheid and build a democratic, non-racial and non-sexist society. Within the RDP framework, the African National Congress (ANC) developed detailed positions and a legislative programme (RDP, 1994).
The RDP aimed at addressing the many social and economic problems facing the country. A key aspect of the RDP was that it linked reconstruction and development.
It proposed job creation through public works i.e. the building of houses and provision of services should be done in a way that they would create employment.
The five key objectives of the programme were (RDP, 1994):
· Meeting basic needs,
· Building the economy,
· Democratizing the state and society,
· Developing human resources, and
· Implementing the RDP.
The policy programme to meet basic needs targeted the disadvantaged (Du Toit et al., 1998:101); hence the EPWP targets the same category. Table 3.3 clearly indicates that the last RDP goal (job creation through public works) gave birth to the EPWP which is the focus of this study. The RDP White Paper therefore forms the framework of the EPWP
Table 3.3: RDP goals and the EPWP RDP Goals Description
Housing Provide well-located and affordable shelter for all by 2003. Build one million houses in five years.
Water Supply 20 to 30l of clean water each day to every person in two years and 50 to 60; per day within five years from a point no more than 200 meters from each dwelling.
Electricity Supply 2.5 million more households and all schools and clinics with electricity by the year 2000.
Health care Give free medical care to children under the age of six and to homeless children; improve maternity care for women; organize programmes to prevent and treat major diseases like TB and AIDS.
Land reform Implement land reform based on redistribution of residential and productive land to those who need it but cannot afford it and restitution to those who lost land because of apartheid laws.
Job creation through public works
Introduce a national public works programme to provide basic needs such as water supply, sewerage and roads and at the same time create jobs, particularly in poor and rural areas.
Source: Adapted from www.richardknight.homestead.com/sisaeconomy.
3.3.4 Growth, Employment and Redistribution Strategy
The Growth, Employment and Redistribution (GEAR) Strategy is a macro-economic strategy intended to strengthen economic development and broaden employment and thus the redistribution of income opportunities to support the poor. It is one of the underpinning frameworks of the EPWP since the EPWP is one of several government’s initiatives aimed at addressing unemployment. This is a short to medium-term strategy (EPWP Newsletter, 2010).
3.3.5 Accelerated and Shared Growth Initiative for South Africa
In 2004, the South African government set an objective of halving poverty and unemployment by 2014 (Speech by Deputy President P. Mlambo-Ngcuka, Feb 2006:
www.pmg.org.za/briefings). The EPWP (implemented in all nine provinces) was one of the strategies to fulfil this objective.
The framework for development in South Africa (SA) is the Constitution of the Republic of South Africa (1996) and the White Paper on the Reconstruction and Development Programme (1994). The latter gave birth to other initiatives such as the GEAR strategy and the Accelerated and Shared Growth Initiative for South Africa (ASGISA). They therefore form part of the EPWP legislative and policy framework, since the EPWP is an RDP initiative aimed at poverty alleviation through job creation.