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21 May 2017


Statement of the ANC NEC Subcommittee on

Legislature and Governance Policy Discussion Document

towards the National Policy Conference


Preparations for the ANC National Policy Conference entail consultations with 
key sectors of our society, so as to ensure that the ANC is not blinded to the 
voices of our people. This media conference is an important step towards 
reaching more members of our society in frank and open discourse about the key 
state matters that affect the lives of South Africans.

South Africa has advanced since the 1994 democratic breakthrough. The ANC led 
restructuring and transformation in various sectors of the society albeit to 
varying degrees and impact. The main challenges of poverty, in-equality and 
land dispossession persist. The capacity and capability of the state is the 
most critical factor to the solution of this challenge.

Over the past 20 years the ANC governments in all three spheres have delivered 
basic services at an unprecedented scale. We still have many backlogs to 
address to recover from the effects of the apartheid spatial development and 
racist delivery processes.  New challenges have, however, emerged, including 
the need to improve the quality of basic services as opposed to a focus only on 
quantity; addressing rapid urbanisation through the extension of services and 
infrastructure in urban areas; and the expansion of the basket of social 
welfare support. All of these require much smarter approaches including greater 
use of new technologies.

Whilst continuing to deliver services to those who don't have, the ANC 
government must also address the new demands of the empowered.  And all of this 
is done in an economy which is not growing sufficiently to cater for the new. 
This illuminates the paradox of the success of our democratic state.

Importantly, 83% of South Africans live on 2% of the land surface of South 
Africa.  The continuous increase in urbanization and densities of these areas 
create further governance and developmental challenges.

The central theme and primary task of this paper is to build the capacity of 
the state. The ability to plan, implement, enforce, monitor and achieve the 
desired objectives. The policy paper focuses largely on the capacity and 
capability of the state, in respect to political institutions and the state 
machinery. It addresses issues of governance, configuration of the state, the 
public service, institutions supporting democracy and the framework for state 
owned entities.

To do this we must ensure the capacity of the state and the capabilities of the 
people working for the state, are continuously improved. We must ensure we 
better integrate what we do across the many spheres and sectors of government, 
and we enable all the elements of civil society to become more active in 
working with the state to achieve its aims.

At the heart of the legislature and governance policy paper is an assertion 
that power belongs to the people. The ANC has been entrusted with political 
power to advance and pursue the needs of the people. This is irrespective of 
whether you voted for the ANC or not, the ANC government cares about all the 
citizens, and it remains the premier organization capable of driving the 
transformation programme.

The policy paper clearly articulates that, despite significant achievements 
since 1994, the broader task of social and economic transformation is far from 
over. The paper also acknowledges that state institutions still require 
transformation to adequately meet the needs of South Africans.

Economic discontents are dealt with extensively in the economic transformation 
sector. However the state has a key role to play in enabling the policy and 
legislative environment conducive for economic transformation. The tools for 
economic transformation under the state include licensing, transformation 
charters, land reform, state procurement and interventions by DFI and SOEs.

To address some of the structural deficiencies and coordination in building a 
capable state, the policy paper posits that the Presidency is the Strategic 
Centre of Governance. Therefore the Presidency must be re-configured and 
capacitated to drive strategic coordination, resource planning and 
prioritization in line with the objectives of developmental state and the 
National Development Plan. This must include alignment of public service 
administration, provinces, municipalities and state owned enterprises.

The ANC has noted with serious concern the escalating levels of corruption in 
the society, this include both the public and private sector. We note that this 
is fast becoming a threat to good governance. We are consulting extensively 
with civil society and key role players on effective mechanism to combat 
corruption. The policy conference will pronounce on precise and targeted 
mechanisms and policy instruments to decisively deal with corruption in our 
society.

The policy paper also notes the leading role played by SOEs in creating 
economic and social infrastructure such electricity, rail, roads, water, and 
provision of housing and schools. We have unfortunately also noted that some of 
the SOEs are plagued by issues of poor governance and allegations of 
corruption. The process of consultation and finalizing the governance and 
oversight protocols for SOEs in underway. This will focus on how to we empower 
the public to hold SOEs accountable, how, legislatures play their role in 
tightening oversight and the executive taking full control in managing their 
portfolio of SOEs.

The policy paper also repositions the fifth parliament to lead the society as a 
true people's parliament. This includes strengthening the NCOP as the centre of 
provinces and municipalities. The institutional structure of parliament will 
also be strengthened with new political offices necessary to fully execute the 
mandate.

The ANC is reviewing the system of traditional leadership. Intense engagements 
and consultations with key role players in the traditional governance system is 
underway. There is a planned consultative conference on traditional leadership 
which will advance the course of this sector.

In respect of provincial and local government, previous ANC conferences have 
adopted transformative resolutions in respect of fiscal configuration, 
governance and service delivery institutionalization. These resolutions will 
require significant resources, time and legislative amendments to be 
implemented.

In summary this policy paper makes policy recommendations on the following 
areas:

        i.            The need to consolidate political power in all spheres of 
government to drive transformation:  In order to improve its effectiveness and 
efficiency in both selecting the right election candidates and running its 
election campaigns, a dedicated political and technical election machinery is 
to be developed.  An ANC Electoral Commission will also focus on ensuring the 
credibility, integrity and capacity of ANC elected public representatives.
      ii.            That given the scale and complexity of government's 
delivery across three spheres of government and the SoEs, the strategic centre 
of power in the Presidency must be strengthened to drive the implementation of 
the NDP, align planning and policy, resource allocation and enforcement. The 
aim here is to improve the alignment and integration of policies and 
development across the spheres and sectors of government.  In addition, a 
Presidential commission on provinces will be established to review the 
alignment of powers of functions of all three spheres of government, with a 
specific focus on the Provincial roles and responsibilities.
    iii.            That the public service must be modernized, made smarter, 
more capable and must operate more effectively, efficiently and economically.
    iv.            That the National Spatial Development Framework, being 
developed by the NPC and DPME, and the Integrated Urban Development Framework, 
coordinated by COGTA, must guide, align and structure developmental outcomes to 
redress the spatial injustices of apartheid whilst improving the efficiency and 
effectiveness of development across our country.
      v.            That we must establish political centres in our 
legislatures consistent with other arms of state, the speaker of parliament, 
the establishment of a Chief Whip of Parliament. We need to review the roles 
and responsibilities of legislatures. We need to review the NCOP and strengthen 
its role as a political centre for provinces and local government.
    vi.            We must ensure the urgent implementation of the review of 
SOE report and the oversight and governance of SoEs must be strengthened.
  vii.            That the roles and responsibilities of traditional leadership 
need to be resolved and in this regard that a consultative conference be held.

The ANC is not oblivious to the magnitude of challenges facing our people. We 
share in the people's impatience to overcome the crises of un-employment, 
crime, poverty and growing in-equality and corruption.

The ANC remains loyal to the freedom charter and the principle that "THE PEOPLE 
SHALL GOVERN ".  Therefore, the attainment of power by the ANC is a means to 
fulfil the will of the people by ensuring a better life for all.


Issued by ANC NEC Subcommittee on Legislature and Governance subcommittee

Enquiries:
Zizi Kodwa, National Spokesperson, 082 330 4910
Khusela Sangoni, National Communications Manager, 072 854 5707





























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