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Review 3 final 2 - TAU - National Treasury

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TECHNICAL ASSISTANCE UNIT REVIEW | From “Kuvernan” to Cyber-Networks<br />

South African Context<br />

South Africa is currently deemed a liberal democracy.<br />

As political and economic liberalization processes took<br />

place after a closed, illegitimate and authoritarian political<br />

system came to an end in 1994, the opening up<br />

of the economy has meant a less protectionist state,<br />

that allows for greater individual rights to freely participate<br />

in the politics and economy of the country<br />

while protecting private property and life of its citizenry<br />

(Gildenhuys and Knipe 2000: 28). A liberal state<br />

by its very definition promotes freedom of association<br />

and, in that way, promotes the proliferation of networks;<br />

networks that redefine state authority and promote<br />

different methods of governance. South Africa<br />

is increasingly working along these lines (of networks)<br />

both within its constitutional framework and beyond<br />

as the following areas indicate.<br />

Co-operative governance and the network<br />

state<br />

The South African constitution also sets out the principles<br />

of co-operation between national, provincial<br />

and local spheres of government. The third chapter of<br />

the constitution states that Parliament must pass legislation<br />

facilitating ‘inter-governmental relations’ and<br />

delegates certain powers and functions to the various<br />

tiers of government. This is a significant issue as far as<br />

decentralized government is concerned and offers an<br />

opportunity for more deliberative and participatory<br />

method of public policy making.<br />

The shift from local government to local governance<br />

is also illustrative of the widespread dissatisfaction<br />

with the limited reach of set solutions to difficult and<br />

nuanced political issues imposed through top-down<br />

government intervention (Hajer and Wagenaar 2003:<br />

6); and proposes a more creative, bottom-up approach<br />

that views public policy making as an increasingly<br />

discursive process that has legitimacy as far as it can<br />

address the many facets of public life, through proper<br />

consultation with those that are affected the most by<br />

such policy. Our Local Government Elections provide<br />

a defined milestone in local governance and we are<br />

watching with interest the results of these and the impact<br />

on developmental local government.<br />

The idea of governing through networks, and networks<br />

exercising various means and power in discursive<br />

policy processes, raises the issue of social inclusion<br />

and social exclusion in policy making processes. Ability<br />

to access the technologies, organisations, individuals<br />

and processes that enable social inclusion are also key<br />

and, as such, an important consideration here is the<br />

ability of vulnerable groups, such as women, children<br />

and people with disabilities to influence policy making<br />

processes and be part and parcel of the governance of<br />

the nation state.<br />

The Constitution of South Africa:<br />

Custodians of Good Governance<br />

Within such ‘modern moments’ of considering governance<br />

within the hyper knowledge and digital age, it is<br />

reassuring to note that these issues are taken up very<br />

clearly in the Constitution of South Africa and in particular<br />

in Section 195 which enshrines the “Basic Values<br />

and Principles governing public administration”.<br />

Therefore South Africa has set out a legal and moral<br />

undertaking to govern within values and principles as<br />

outlined. Furthermore, beyond the moral imperatives<br />

as well as the statutory frameworks that legislate specific<br />

areas inherent in the values and principles, South<br />

Africa has set oversight mechanisms that measure and<br />

offer informed commentary on whether we match up<br />

to the ideals of good governance. Naturally, there is the<br />

supremacy of Parliament in terms of oversight. There is<br />

page 5<br />

Enabling change for development

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