A South African Developmental State in the Making *

A South African developmental state in the making[*]

Vusi Gumede, PhD

Associate Professor: Development Studies, University of Johannesburg

Abstract

This paper is an attempt toanswer a question of the extent to which South Africa is a “developmental state”. Gumede (2008), drawing from literature and experience, proposed the following definition of a developmental state: “a developmental state is the one that is active in pursuing its agenda, working with social partners, and has the capacity and is appropriately organized for its predetermined developmental objectives”. For instance, in terms of Evans’ (1995) notion of “embedded autonomy”; Leftwich’s (1995) model of a developmental state; Cummings and Nørgaard’s (2004) four dimensions of state capacity; definitions and features of developmental states by South African scholars, as well, such as Luiz (2002), Mhone (2004), Swilling et al (2006), Edigheji (2007), South Africa can be seen as a developmental state in the making. Estimated human development indices, suggesting an upward trend, also support the view that South Africa is a developmental state in the making.

Key Words: Developmental state, policy making, South Africa, human development, human poverty

1. Introduction

This paper analyses socio-economic policy-making in a democratic South Africa (SA) in the making. It begins with an overview of the institutional mechanisms in the development of economic and social policies in South Africa. Thereafter, the paper interrogates the degree to which the South African state is developmental. Overall, the paper demonstrates, to some extent, that the South African state encompasses most of the features of developmental states. It also concludes that the manner in which public policies are made (not the policies themselves per se) seems to have a positive impact on SA’s development. Consequently, it commends institutional arrangements for policy making and policy evaluation. However, it points to implementation deficits. Lastly, a number of relevant empirical questions are raised.

The next section (section 2) deals with institutional mechanisms that South Africa has and the processes that are followed for public policy making and implementation. Section 3presents tentative perspectives on the approach that the South African government follows in making policies. Linked to that, before concluding, an attempt is made to answer the question of the character of South Africa’s developmental state.

2. Institutional mechanisms in policy making and implementation in South Africa[1]

This section depicts the policy making process, the role played by various institutions,including non-state actors. One of the key institutions in the policy making process in South Africa, besides Parliament, is the Policy Coordination and Advisory Services (normally termed the Policy Unit) located in the South African state Presidency. It does not only deal with policy making and its various components such as policy analysis, policy coordination and policy advice, but also leads medium to long range planning as well as government-wide monitoring and evaluation. In brief, the Policy Unit provides research, analytical, advisory, policy, project/programme and strategic support to the Presidency and government as a whole on matters of socio-economic development, justice, governance and international affairs. It is comprised of five main policy sectors: economic, social, justice, crime prevention and security, international relations and governance and administration. There are three additional sub-units: monitoring and evaluation; planning, and special programmes (which deal with issues related to gender, disability and children’s rights). There is also a youth desk, dealing with youth development issues. Mirroring policy sectors are the five Forum of South African Directors-General (FOSAD) Clusters. The Policy Unit works closely with the FOSAD Clusters and acts as a link between the Cabinet[2]and its Committees and the respective FOSAD Clusters.

Chart one below presents the character of the “interface” between various policy making structures in government, at a national level. As shown, in chart one, Cabinet has committees that are mirrored by the clusters with one exception: there are two committees mirrored by one policy sector (i.e. the economic sector). This was largely the function, in the Mbeki Administration, of further prioritization of job creation and the importance of investments or the economy broadly.

In essence, all other economic matters were dealt with through the normal economic cabinet committee whilst those issues that were considered critical were handled by the investment and employment cabinet committee. Such matters included restructuring of state-owned enterprises. It may be worth indicating that there were various inter-ministerial committees for each of the cabinet committees. For instance, there was an inter-ministerial committee on the restructuring of state owned enterprises. The policy unit was part of all such inter-ministerial committees, the most recent being the ones on social security and retirement reforms, second economy, and so on.

Not shown in chart one below is the cabinet secretariat, which largely deals with logistics and documenting of decisions of cabinet and its committees. There is also a planning framework which guides the “interface” between various policy making structures, by ensuring that specific activities are undertaken at specific predetermined and agreed upon dates. For instance, the planning cycle/framework specifies when departments should make budget bids to the National Treasury and what should happen before and in-between bi-annual Cabinet makgotla. The planning framework further details what should happen at provincial and local governments at various points in time, such as when should state of provinces’ addresses take place.

There are many other points of interface and integration that are informal but do improve coordination and integration. For example, there are informal platforms between ministers and directors-generals, at a point of preparing for Cabinet makgotla or bi-monthly clusters’ progress reports to Cabinet. There are also interactions between the top management of the Policy Unit and the political party leading government. There are also informal interactions between ministers or deputy ministers or directors-general and the leadership of the Policy Unit.

Chart 1: Cabinet, Cabinet Committees and Clusters

At the highest level, like in many countries, the national legislative authority in SA is vested with Parliament which consists of two houses: the National Assembly (NA) and the National Council of Provinces (NCOP). The Constitution of South Africa describes the National Assembly as a body elected to represent the people and to ensure government by the people. Whilst, its other functions include holding the executive accountable, fulfilling a judicial role; functions relating to its own activities, and considering public petitions from the members of the public; the most important function of the NA is to pass legislation with regard to any matter. In exercising its legislative power, traditionally the National Assembly may consider, pass, amend or reject any legislation before the Assembly; and/or initiate or prepare legislation, except the Money Bill[3]. The National Assembly is required to provide for mechanisms to ensure that all executive organs of state in the national sphere of government are accountable to it; and to maintain oversight of the exercise of national executive authority, including the implementation of legislation; as well as that of any organ of state. As provided for by the Constitution, the NA is also required to facilitate public involvement in the legislative and other processes of the Assembly and its committees; and to conduct its business in an open manner, and hold its sittings and those of its committees in public. It is however said that reasonable measures may be taken to regulate public access, including access of the media. On the other hand, the National Council of Provinces (NCOP) represents the provinces to ensure that provincial “interests” are taken into account in the national sphere of government. The NCOP carries out this mandate by participating in the national legislative processes and providing a national forum for public consideration of issues affecting the provinces. In exercising its legislative power, traditionally the NCOP may also consider, pass, amend, propose amendments to or reject any legislation before the Council, and initiate or prepare legislation falling within a functional area, but may not initiate or prepare Money Bills. As in the case of the NA, the NCOP is required by law to facilitate public involvement in the legislative and other processes of the Council and its committees in a regulated manner.

It is hard to gauge the role of parliament in policy making, with sufficient certainty. With regards to legislation, parliament pays a leading role, even to the point of drafting legislation[4]. Parliament has numerous committees and sub-committees that oversee policy matters in relation to each government department. There is no documented evidence on how that works in practice and what its outcomes have been. From personal and professional experience, an observation can be made that such committees and sub-committees do indeed play an important oversight role in the policy making processes or in policies that government departments pursue as well as their implementation. There are examples of parliamentary discussions on a number of critical areas, such as the millennium development goals, which culminate to parliament taking decisions on its role on such matters at least in relation to programmes/projects in respective members’ constituencies.

Overall, the process of making law in South Africa is a lengthy one, involving a number of structures. Normally, by the time the draft legislation reaches parliament (from government departments), where it is tabled as a Bill, it would have gone through a process outlined below. The process generally begins with a discussion document, called a Green Paper. This is drafted in the ministry or department dealing with the particular issue at hand, with an aim to demonstrate the way that the ministry or department is thinking on a particular policy. The Green Paper is then published so that anyone who is interested and/or affected can give comments, suggestions and ideas. The Green Paper process is followed by a more refined discussion document, called a White Paper, which is a broad statement of government policy. This is drafted by the relevant department or a task team designated by the relevant government minister of that department. Comment may again be invited from interested parties. The relevant parliamentary committees may proposeamendments or other proposals and then send the policy paper back to the ministry for further discussion and final decisions. Once approved by the Law Commission and Cabinet, the White Paper is sent to the State Law Advisers who assess legal and technical implications of the draft law. It is after all these processes that it is introduced in parliament as a Bill. Once the Bill reaches parliament, it is a requirement that that the Bill must have already gone through public participation process where organs of civil society, other bodies and the general public are given opportunity to input during drafting. To ensure that public consultation occurs, departments are required to indicate in the explanatory memorandum all bodies consulted in the process of drawing up the Bill.

Although the law is passed by parliament in sittings of the two houses, i.e. the NA and the NCOP, it is only at Cabinet level and its committees and clusters where the details of the draft law are examined.

At the provincial level, the legislative authority of a province is vested in its provincial legislature, and confers on the provincial legislature the power. A provincial legislature is governed only by the Constitution, and if it has passed a constitution for its province it is also governed by that constitution, and must act in accordance with, and within the limits of the Constitution and the provincial constitution. In exercising its legislative power, a provincial legislature may consider, pass, amend or reject any Bill before the legislature; and initiate or prepare legislation, except Money Bills. A provincial legislature must provide for mechanisms to ensure that all provincial executive organs of state in the province are accountable to it; and maintain oversight of the exercise of provincial executive authority in the province, including the implementation of legislation; and any provincial organ of state. As in the case of the NA and the NCOP, a provincial legislature must ensure public involvement in the legislative and other processes of the legislature and its committee, in a regulated manner.

Lastly, the local sphere of government consists of municipalities[5], which have been established around the whole of the territory of the Republic of South Africa. The executive and legislative authority of a municipality is vested in its Municipal Council. A municipality has the right to govern, on its own initiative, the local government affairs of its community, subject to national and provincial legislation, as provided for in the Constitution. Municipalities have the right to exercise their powers without having national or a provincial government compromising or impeding their ability or right to exercise its powers or perform its functions. In addition, municipalities may make and administer bylaws for the effective administration of the matters they are responsible for.

At this level, public participation forms a cornerstone of the administration processes. As outlined above, there is provision for public participation in all spheres of government and its policy making processes, however, it is mainly the local government sphere that is a product of a conscious policy and institutional design to ensure accessibility of government to communities and citizens on the ground. Section 152 (1) of the Constitution of South Africa states the following as some of the objects of local government: (a) providing for a democratic and accountable government for local communities; (b) ensuring the provision of services to communities in a sustainable manner; and (c) encouraging the involvement of communities and community organizations in the matters of local government. This mechanism is meant to afford the public and citizens on the ground to be active participants in the policy making process, as expected in any democracy.

In addition, the governance arrangements in South Africa are enacted in the supreme law of the country – the Constitution. South Africa has what some call “quasi-federalism”. The political discourse remains very robust on this issue because some argue that the current governance arrangements constrain effective service delivery due to limitations imposed on the central government in determining and shaping the affairs of provincial/subnational governments, though the constitution does provide some recourse in extreme cases such as when there is breakdown in the functioning of a provincial/subnational government.

A significant element to the policy making and implementation process in SA is that of the involvement and/or participation of non-state actors, what public policy literature broadly refers to as quasi-autonomous non-governmental organisations (“quangos”). As highlighted above, the South African policy making process provides relatively ample room for participation of the public, in its different forms. This approach is in accordance with the democratic nature of the South African government, giving voice and respect to the governed from different sectors, and from all walks of life. In a quest to achieve impartiality and independence of views of the public, government has put in place, as mandated by the Constitution several chapter nine institutions in order to strengthen constitutional democracy. These institutions account to the NA. The list includes the Public Protector, the South African Human Rights Commission, the Commission for the Promotion and Protection of the Rights of the Cultural, Religious and Linguistic Communities, the Commission on Gender and Equality, the Youth Commission, and the Electoral Commission. Although these are state institutions, the Constitution protects their independence allowing them to contribute to the policy making, implementing and monitoring process “without fear, favour or prejudice”, for the different sectors that these institutions represent. At the Presidential level, President Mbeki established several working groups (constituted by members outside government as well as selected cabinet ministers and senior advisors from the Policy Unit) for different sectors. There are a number of such Presidential Working Groups: on youth development, women empowerment, business (big and black businesses), higher education, commercial agriculture and working groups with religious leaders and organized labour[6]. In the Mbeki administration there were prior scheduled meetings with these groups which took place twice a year, to exchange policy and programme perspectives around topical issues affecting these groups and those that they represent. There are many examples of “outcomes” of the working group system. Perhaps the most significant one was the Growth and Development Summit of 2003. There are other important outcomes such as commitments by business to increase domestic investments among other things, commitments by vice-chancellors to increase throughputs and for universities to serve communities where they are located among other things, the partnership between government and religious leaders to reduce poverty and improve social cohesion, poverty eradication projects of the women leadership, etc.

Broader forums, more inclusive and participative, were also initiated in the Mbeki Administration. The most common one came to be called Izimbizo, meaning gatherings. One of important advantages of Izimbizo is that government gets to better understand the realities of each locality, and also of various households – government learns of different pressing issues that different localities face. In a nutshell, Izimbizo is about taking government to the people. The President and Cabinet members as well as provincial and local government leadership spend a couple of days in a particular locality interacting with people from different walks of life in a particular locality. Although the monitoring and follow-up mechanisms have been contested, there are good examples of solutions deployed on the spot during the Izimbizo. These include solutions such as getting a gizer fixed in a particular clinic or getting an old age person or child qualifying for a social pension registered or someone not having an identity document getting registered.