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Good governance through transformation into the millenium
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 EASTERN CAPE PROVINCIAL GOVERNEMNT
 GOOD GOVERNANCE THROUGH TRANSFORMATION INTO THE MILLENIUM
 SPEECH BY MEC NKWINTI AT THE ECLGA ANNUAL GENERAL MEETING,
24 - 26TH NOVEMBER 1999

A. INTRODUCTION

In order to address the question raised by the theme of this Annual Conference: Good governance Through Transformation into the new 
Millenium, let me refer rather extensively to the Constitution of the Republic of South Africa.

A.1 Dealing with the status of municipalities, Section 151 of the Constitution has the following to say:

(1) The local sphere of government consists of municipalities, which must be established for the whole of the territory of the Republic.

(2) The executive and legislative authority of a municipality is vested in its Municipal Council.

(3)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.

(4) The national or a provincial government may not compromise or impede a municipality's ability or right to exercise its powers or 
perform its functions.

A.2 Section 152 sets out the objects of Local Government, as follows:

(1) (a) to provide democratic and accountable government for local communities;
 (b) to ensure the provision of services to communities in a sustainable manner;
 (c) to promote social and economic development;
 (d) to promote a safe and healthy environment and
 (e) to encourage the involvement of communities and community organizations in the matters of local government.

(2) A municipality must strive, within its financial and administrative capacity, to achieve the objects set out in subsection (1)

A.3 Developmental duties of municipalities are set out in Section 153 which states that a municipality must -

(a) Structure and manage its administration, and budgeting and planning processes to give priority to the basic needs of the community, and 
to promote the social and economic development of the community; and (b) Participate in national and provincial development programmes.

A.4 In Section 154(I) and 155(7) the role of national government and provincial governments in relation to local governments is spelt out:

154(1): The national government and provincial government, by legislative and other measures, must support and strengthen the capacity of 
municipalities to menage their own affairs, to exercise their powers and to perform their functions.

155(7): The national government, subject to section 44, and the provincial governments have the legislative and executive authority to see 
to the effective performance by municipalities of their functions in respect of matters listed in schedules 4 and 5, by regulating the 
exercise by municipalities of their executive authority referred to in section 156(1)

Ladies and gentlemen, we are gathered here to give a programmatic expression and content to the wonderful theme of this Conference. The 
organizational framework within which we seek to do so is the Eastern Cape

Local Government Association, which is a body of organized local government established in terms of section 163 of the Constitution. 
Through this body, municipalities are meant to realize the provisions of section 153(b) of the constitution, as set out in A.3 above.

Part of what needs to happen at this conference is to attempt to answer the question as to whether or not such a duty has been duly 
performed by ourselves as municipalities, through our elected body.

We may, also, want to evaluate whether or not we, as municipalities have advanced our work sufficiently to be satisfied that the objects of 
section 153(a) are within our grasp.

A successful realization of the provisions of section 153(a) of the constitution will create an environment, which is conducive to the 
successful pursuit of the rest of our transformation agenda at the level of the municipality.

B. CO-OPERATIVE GOVERNMENT

Addressing a conference on the 29th of March 1999[Provincial Government and Intergovernmental Relations: Fostering Mutual Co-operation], 
the then Deputy -President of the Republic, Cde Thabo Mbeki, had the following to say on co-operative government:

"I believe that as we deliberate among ourselves over the next two days, we must continue to be informed by the perspective which guided 
us, as we drafted the constitution. Two of the most important principles which were part of that perspective were participatory democracy 
and co-operative governance. We came to these positions not because we were particularly bright or inventive, but because we sought to 
address our specific circumstances and history, drawing on the accumulated wisdom and fallies of the rest of humanity."

Addressing the character of the democracy we are trying to construct, Cde Mbeki made the following fundamental points:

Our fundamental challenge is to construct a truly developmental state. More than rules, we should be driven by the vision of creating a 
people-centered society, with institutional ways of measuring progress. Consistently, our state system should be enterprising and 
innovative, fight a permanent struggle against bureaucratization for the involvement of the people in determing their destiny, in keeping 
with our concept of people-driven processes of change. Our provincial and local government structures have a critical role to play towards 
the realisation of these objectives, which must, in practice, become a defining feature of our democracy.

A discussion document, going by the title: Strategic Issues And Options For Policy On Co-operative Government And Intergovernmental 
relations, which was circulated by the Department of Constitutional Development at the same conference referred to above, assists us 
understand even deeper the concept of co-operative government, with respect to our democracy.

The principles of co-operative government provide that all spheres of government and all organs of state within each sphere must -

(a) preserve the peace, the national unity and the indivisibility of the Republic;
 (b) secure the well-being of the people of the Republic;
 (c) provide effective, transparent, accountable and coherent government for the Republic as a whole;
 (d) be loyal to the Constitution, the Republic and its people;
 (e) respect the constitutional status, institutions, powers and functions of government in other spheres;
 (f) not assume any power or function except those conferred on them in terms of the Constitution;
 (g) exercise their powers and perform their functions in a manner that does not encroach on the geographical, functional or institutional 
integrity of government in another sphere and
 (h) co-operate with one another in mutual trust and good faith by-
 (i)fostering friendly relations;
 (ii) assisting and supporting one another;
 (iii) informing one another of, and consulting one another on matters of common interest;
 (iv) co-coordinating their actions and legislation with one another;
 (v) adhering to agreed procedures; and
 (vi) avoiding legal proceedings against one another.

Participatory democracy; co-operative government. The two towering features of our constitutional democracy. We may want to critically 
evaluate the extent to which we have been able to advance these causes in our work as municipalities. To what extent have we facilitated 
or, perhaps, frustrated people's participation in municipal decisions?

It would be important to, equally critically, examine the extent to which, if at all, national and provincial governments have played their 
part in advancing organs of state towards the realisation of the principles of co-operative government, as set out above.

Annual Conferences are occasions for critical self-appreciation; they are platforms for launching new or invigorated attacks into the 
future, based on such a critical self-appreciation. I know that elections tend to dominate conferences, but critical self-appreciation and 
the launching of new or invigorated attacks into the future are what conferences are for.

C. CHALLENGES TO THE REALISATION OF GOOD GOVERNANCE

Our's has been, and continue to be, a social economic and political revolution. The politico-constitutional revolution, which was staged 
through the transfer of political power to the black majority in 1994's elections, created but a window of opportunity for us to stage 
further social and economic revolutions. There are enormous challenges in this regard, both objective and subjective. There is nothing as 
dangerous as a failed revolution.

We might need to examine ways and means of ensuring that the socio-economic revolution dare not fail.

The techniques, knowledge, expertise and skill required to wage social and economic revolutions are far more difficult to come by than 
those required to wage a constitutional revolution.

We may have to consider strategies for building and, or, acquiring these qualities; astutely deploying the few that we have; especially 
against the background of the huge challenges being brought about by the transformation of local government in our country.

International trend is that sub-regional and local governments are becoming nodal points for social delivery. After all, they are closest 
to the people! The critical challenge, however, is human, institutional and infrastructural capacity. And these area sine qua non for 
launching efficient and effective social delivery and, or, change.

The pace of social and technological changes on a global context is so great that sometimes one wonders if we are not at a stand still 
position or moving backwards. We need to address these questions quite openly and get answers.

As we move forward, relentlessly, in a modernization drive, we are now and again reminded by discomforting voices that our's is not a 
European Society. We are an African Society with deep-rooted indigenous cultural and traditional practices, which are jealously guarded by 
their custodians.

As we charge ahead with modernization, we must constantly seek a unique combination of traditional and democratic values, which are capable 
of co-existing and, at least, not aborting the democratization processes already under way. This challenge has become more acute with the 
envisaged wall-to-wall municipalities.

The scourges of our time are three-fold, namely, HIV/AIDS, crime and corruption. They are fast becoming millennial phenomena, which 
threaten social stability. The first two are literally killing our people, especially young ones, at the prime of their lives; at their 
most productive and active lives. The economic implications in the next 25 years are unspeakable. The latter syphous scarce resources from 
the formal delivery system, creating enormous social and economic

uncertainties. The impression is fast being created that governments are incapable of dealing with these scourges. And this perception 
challenges the credibility of the very democratic system we are trying to build. In other words, it undermines the confidence of the people 
in the democratic environment we are trying to bring about.

So, efforts for bringing about good governance are being seriously challenged and, perhaps, even being undermined by crime, HIV/AIDS and 
corruption. We may have to take a closer look at all three of them with a view to suggesting solutions to the nation.

We are part of humanity the world over. Surely, what happens to human beings elsewhere in the world must at least, raise concerns in our 
minds. If anything, globalization has ensured that we do take note of international crises. Global warming is one such phenomenon, which 
may explain part of natural disasters which are becoming common place in the world - floods, tornadoes, cyclones, earth tremors.

We must take disaster management, as municipalities much more seriously than we used to do up to now. This conference may do well to 
address this issue.

D. CONCLUDING REMARKS

The drafters of our constitution produced a constitution which answers most of the question inherent in the theme of this conference. We 
are a lucky generation in that we lived through it all, and are now called upon to implement its provisions.

This constitution is about good governance; it is about organic relationships between people and their elected public representatives as 
they struggle, together, to bring about a better life for all our people.

We must not conduct our governmental business as though we are alone out there in a jungle infested with huge gogos and venomous snakes; we 
must always remember that we live in a rapidly changing society [although it may seem to be at a stand-still or even reversing on a global 
scale], but supported by one of the finest constitutions in modern history. You do not have to do everything yourself. Just pass the buck 
sometimes; or, even better, share the burden with someone else. Our constitution allows you to do both.

May I take this opportunity to wish the Eastern Cape Local Government Association a very successful Conference.

I thank you.

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