PUBLIC PARTICIPATION AND THE POLITICAL

IMPLICATIONS FOR THE SA LEGISLATIVE SECTOR

‘The Future of Public Participation – from Policy to Sustained

Practice’

Presented by: Hon C Frolick

House Chairperson: Committees, Oversight & ICT, National Assembly

To: Political Consultative Forum on Public Participation -

Protea Hotel Fire & Ice, Melrose Arch, Johannesburg

Date: 13 November 2015

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Introduction

Realisation of commitments set out in Constitution, and

Creation of a state that can address poverty and inequality more effectively in line with Vision 2030 - requires strong, independent, open and well resourced parliament and provincial legislatures.

The Public Participation Framework for SA Legislative Sector is a critical tool towards realising these aims.

Effective participation strategies will strengthen independence of legislatures from executive.

Effective participation is dependent on openness of legislatures and on resources to implement participation strategies.

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Goal of Public Participation

Goal of Framework is to ‘deepen democracy’

Promoting public participation in legislatures, according to Constitutional mandate, is not only important to promote a people-centred democracy, it is also critical because it strengthens functioning of legislatures.

Effective public participation can improve the capacity of legislatures to fulfil their role to build “a capable, accountable and responsive state that works effectively for its citizens” (National Planning Commission, Vision 2030)

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Core Values Public Participation

The Core Value of the Framework to “seek out and facilitate the involvement of those potentially affected by or interested in a decision”.

Address impact of history of exclusion, and balance the voice of people who have been marginalised in these processes in the past with the voices of those who have access to participation in these processes.

Important that legislatures should emphasise participation of people who are more frequently marginalised or excluded from such processes.

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Poverty and Exclusion

When the participation of people living in poverty is not actively sought and facilitated, they are not able to participate in decision-making and their needs and interests are not taken into account when policy is designed and implemented.

This exacerbates their exclusion and often perpetuates privilege of elites who are able to influence policy directly, or of groups such as the middle class who have a considerable voice in the media or other public spaces.

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Public Participation not Neutral – By Nature Political

Participation is not neutral exercise, fundamentally political.

There are deep interests by different parties and significant resources or power at stake.

Participation processes often fail due to blindness to the inequalities of power and resources that exist within community groups.

Strategies to recognise these and ensure effective participation of different groups within communities and to ensure that people are able to participate freely and openly without risk of reprisal for doing so is important.

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Awareness of Inequalities in Public Participation Processes

Public Participation initiatives are informed by awareness of potential inequalities and power imbalances that may be present in the process.

This awareness should translate into measures to ensure the protection of people who participate during the process.

This may require considering the particular vulnerabilities of people who reside on land that they don’t own, on children, on women within significantly patriarchal contexts and many other groups.

Provision must be made for people to participate without disclosing their identities.

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Obstacles to Public Participation

Measures must be in place to address some obstacles that people or groups of people may face to participating.

The issue about which the legislatures have articulated the most consciousness is that of geography. This is critical

There are a number of others: When does the participation take place? Are people able to attend during the day? During the week? Which people attend at these times? opportunities accessible to persons with various forms of physical or intellectual disability? How are these addressed? This ranges from transport through to provision of sign language interpreters? There are many other layers to exclusion from participation such as age (children as well as the elderly) and health. These layers must be explicitly recognised and addressed in participation strategies.

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Communication Tools

Encourage better use of community radio and newspapers as well as social media platforms.

Engagement with existing local structures, such as religious groups, school governing bodies, newsletters and meetings, indaba, lekgotla, stokvels and many others.

Clear plan for the petitions process needed in legislatures.

Include measures for popularising and informing people of their right to make petitions as well as providing information on the access points and processes that people can follow

Education of public to access petitions process.

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Important Matters to be Addressed Politically

Role of political principals in driving public participation is a pre-condition

Sufficient time to be allocated in Programmes of Institutions to allow for maximum and effective public participation

Framework defines Stakeholders and Civil Society

What is lacking - Criteria for identification of stakeholders and civil society to be involved in various processes

Institutional arrangements will have to be reviewed to ensure effective implementation

Current mechanisms for Public Participation will have to be reviewed to ensure full compliance in the Legislative Sector

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Review of Enablers: Structures that enable PP

PP Unit – to be strengthened Constituency Offices Parliamentary Democracy Offices – under

review Established methods of Information

Dissemination Consider and ensure language preferences

and language policies as preferred by Provinces are implemented

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Constituency Offices: COs to be resourced to service whole community

irrespective of political affiliation. Consider more standardised and professionally staffed

COs - adequately resourced. Measures to enable MPs and MPLs and other political office

bearers to spend more time engaging with constituents. Constituency period enhance direct contact between MPs,

MPLs and public. MPs and MPLs to lead and be involved in all Public

Participation events/programmes within relevant Legislature where offices located.

MPs and MPLs to mobilise stakeholders for public participation events/programmes.

Receive petitions, provide feedback to stakeholders.

Utilisation of Constituency Offices (COs) & Parliamentary Democracy Offices (PDOs)

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Utilisation of Constituency Offices (COs) & Parliamentary Democracy Offices (PDOs)…cont.

Improve co-ordination between COs & Ward Committees at Local Government Level.

Public Democracy Offices (PDOs): To facilitate community input into the relevant processes. To expand Parliament’s access, opportunity and space

to be directly in touch and continuously engage with the people who are ordinarily outside national debates in society.

To facilitate public involvement in the legislative and other processes of both the NA & NCOP and their Committees in all provinces in accordance with parliamentary strategic plan and annual calendar.

To help ensure a greater level of efficiency, economy and effectiveness in accessing communities and providing ground and logistical support for parliamentary programmes.

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Public Participation – Budget & Costing

Effective Public Participation that meets Values and Principles set out in Framework - Require Resource Investment

Inadequate budgets often present fundamental obstacles to Public Participation activities.

Activate opportunities to Access Resources Specific line item for Public Participation to be

made explicit in the budgets. Framework require articulation of proportion of

budget realistically allocated to public participation activities legislatures.

Costing of minimum standards for effective Public Participation

Possible Budgetary Re-allocation to Core Business & Public Participation

Thank you!!