LOCAL GOVERNMENT AND WOMEN IN SOUTH AFRICA
3.4 THE LOCAL GOVERNMENT LEGISLATIVE FRAMEWORK
The department responsible for local government at national level has undergone name changes since 1994. The department responsible for local government was initially called the Department of Constitutional Development which was then later changed to the Department of Provincial and Local Government. However, in 2009 the name was changed again to the Department of Corporative Governance and Traditional Affairs (Rogerson, 2011: 150). The department has been instrumental in the development and implementation of policies for municipalities. However, it is the constitution of the country that has a section which is specific for local government.
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3.4.1 The Constitution of the Republic of South Africa of 1996
In April 1994, the first non-racial democratic elections were held in South Africa. This does not mean that there was no democracy in South Africa before 1994. The emphasis is on non- racial elections because all races were allowed to vote after 1994. There were democratic elections which only allowed white people in South Africa to vote and not the majority Black population. The involvement of Black people in the elections marked the beginning of a new culture of participation. The Constitution of the Republic of South Africa of 1996 (Constitution) is regarded as the supreme law of the country, with the Bill of Rights contained within it. Chapter 2 has a clause on equality which reveals a guarantee to promote gender equality and ensure that women enjoy equal rights. Myakayaka-Manzini (2002: 2) pointed out that the Constitution has several rights which ensure that even the poorest of the poor, most of whom are women benefit and improve their quality of life. The Constitution also makes provision for the historically disadvantaged groups to be protected in the newly introduced socio-economic rights (Mentjies, 2007: 261). There are now three layers of governments and that is national, provincial and local, which are different, mutually dependent, and interconnected and also guarantee decentralisation.
Furthermore, Chapter 7, section 152 of the Constitution states that local government should provide democratic and accountable government for local communities; and encourage the involvement of communities and community organisations in the matters of local government. Mogale (2005: 136) argues that more power and resources should be taken down to the people through different organisations at local government in order to increase their participation. Govender (2008) argued that the implication is that public participation should extend beyond the periodic election of local councillors. Hence the White Paper on Local Government (1998) was released.
3.4.2 The White Paper on Local Government of 1998
The White Paper on Local Government (1998), which is considered as the “mini constitution” entrenches developmental local government as that, “which is committed to working with communities to find sustainable ways to meet social economic and material needs and improve quality of their lives”. The White Paper aims to ensure that municipalities advance instruments for community participation in policy commencement, preparation, implementation, monitoring and evaluation of programmes. Its focus is on resources and
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efforts in relation to individuals in different communities and groups which were previously side-lined including women by removing obstacles to equal and effective participation.
Furthermore, the White Paper (1998) allows municipalities “to assess the impact of their strategies on women and ensure that the needs and interests of women are incorporated into municipal planning processes”. In addition, the emphasis is on accountability that strengthens the role of councillors for the benefit of all community groups including women. Political parties were also encouraged to adopt a quota system in order to address gender inequalities at all levels of governance. According to Campbell and Childs (2008: 3) political parties take interest in and compete for women’s votes.
3.4.3 Local Government Specific Legislation
Local government is made up of municipalities. The White Paper on Local Government (1998), states that municipalities should ensure that there are representatives from different groups which were previously marginalised who can contest the elections including women.
The White Paper also addresses the issue with regard to the delegation of roles and powers to committees within the municipal council to ensure participation in the council’s decision- making processes. In order to show commitment to decentralization of power, municipal legislation has since been developed, and the following two would be briefly discussed:
Local Government Municipal Structures Act 117 of 1998; and
Local Government Municipal Systems Act 32 of 2000.
3.4.4 Local Government Municipal Structures Act No. 117 of 1998
This Act states that there must be a development of mechanisms that would ensure that there is consultation and participation of citizens and community in local governance. Section 19(2) (c) and 3 of the Municipal Structures Act, directs municipalities towards a new culture of governance that complements representative democracy through participation. The government ensured decentralization by introducing three main types of municipalities (see Table 2.1 below) in terms of the Municipal Structures Act No. 117 of 1998. This was done to bring government closer to the people at the same time attempting to redress the gender imbalances of the past as explained above.
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Table 3.1: Categories of Municipalities in South Africa
Municipal Categories Description of Categories Category A:
Metropolitan Council
A municipality that has exclusive and legislative authority in its area
Category B: Local Council
A municipality that has exclusive and legislative authority in its area with category C municipality within whose area it falls
Category C: District Council
A municipality that has municipal executive and legislative authority that includes more than one municipality
Source: Nyalunga (2006)
Metropolitan areas are defined as large urban cities and local councils, smaller cities and towns, whereas district councils cover wider geographical, low-population areas than local councils. The Structures Act (117 of 1998) makes provisions for elections; design and operation, including the condition that half of the candidates on the political party list should be women (Swift, 2005: 2). Furthermore, the Act makes provision for the formation of ward committees which advise the local municipality on local matters. It also allows for the participation and equitable representation of women in ward committees in order to influence decision-making processes of the council.
3.4.5 Local Government Municipal Systems Act No. 32 of 2000
Section 17 of the Local Government Municipal Systems Act makes provision for local community to participate in the affairs of the municipality through political structures.
Chapter 2 of the Act stipulates the encouragement of community participation, consultation and involvement in the activities and functions of municipalities (Republic of South Africa, 1998). The participatory form of democracy is evident in the Municipal Systems Act (32 of 2000) where a community consist not only of the structures, functions and administrators of the municipality but also the communities, residents and ratepayers of the municipality (Cameron, 2001: 112). It gives communities the right to participate in the decision-making
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processes of their municipality and contribute in the drafting of the Integrated Development Planning, performance management etc. Ramphele (2004: 3) argues that these systems and mechanisms have begun to enhance decision-making, planning, resource allocation, service delivery and day-to-day administration. Therefore, women may have input on decision- making processes regarding services and projects the council should embark upon.