Government+for+people,+by+people,+Polokwane+Resolutions+III,+ANC+Today


 * ANC Today, Volume 8, No. 3 • 25—31 January 2008**

//__Polokwane Resolutions III__//

=Government for the people, by the people=

South Africa’s political terrain has changed to the extent that the floor-crossing legislation is no longer necessary and should be abolished, according to delegates to the ANC's 52nd National Conference held in Polokwane in December last year.

This was one of a number of resolutions on the transformation of governance, all aimed at making the institutions of state more accountable, more accessible and more effective in addressing the needs of the people of South Africa.

The issue of allowing public representatives to join another political party while keeping their seats has been under discussion since the start of constitutional negotiations. Because of the political dynamics at the time, the ANC agreed in 2001 that floor crossing should be provided to accommodate instances of significant political realignment between elections.

A number of political parties requested that floor crossing be provided for. This was finally legislated in 2002 and was supported by the overwhelming number of parties in Parliament. However, since the floor crossing legislation came into effect a number of difficulties and unforeseen consequences emerged. These included the proliferation and fragmentation of small parties, often having little more than one or two public representatives and no support base.

After considering a number of options, Conference decided that floor-crossing should be abolished and that public representatives of other political parties should be encouraged to join the ANC regardless of whether or not they retain their seats.

Reflecting on the electoral system, conference said that the factors that led the country to opt for a proportional representation (PR) system for national and provincial elections remain relevant: "We are still a nation in transition and must ensure that we facilitate representivity across the various sectors of our communities through a credible, generally accepted and understood electoral system. Our current system can best help us reach the true objectives of the NDR within the framework of our founding Constitutional principles."

Conference therefore resolved that the current electoral system should be maintained and strengthened, "further to enhance the links between the people and their public representatives".

It also decided that the formula used to calculate the allocation of seats in local government elections should be reviewed to ensure that it does not disadvantage parties that get more ward votes.

This decision follows a year-long process of discussion within ANC structures that weighed up the relative advantages and disadvantages of the current PR system, a constituency-based system, and a system containing elements of both.

Conference threw its weight behind the effort to forge a single public service, unifying administration in the three spheres of government. It said: "One of the most pervasive challenges facing our country as a developmental state is the need for government to redress poverty, underdevelopment, marginalisation of people and communities and other legacies of apartheid and discrimination. This challenge is best addressed through a concerted effort by government in all spheres to work together and to integrate as far as possible their actions in the provision of services, the alleviation of poverty and the development of the people and the country."

Conference delegates agreed that the creation of a single public service initiative will:


 * enable administration in all three spheres of government to be organised and to operate in ways that ensure efficient, quality, collaborative and accountable service delivery to promote social and economic development for the people of the Republic;
 * enhance service delivery through flexible structures that enable and promote operational and front-line integration, innovation by means of amongst others electronic government, human capital and talent management, managerial accountability, performance and people-orientated service culture; and
 * further enhance service delivery through systematic information and knowledge management and collaboration between institutions within and across spheres of government as well as between those spheres and private and development sectors.

It tasked the ANC National Executive Committee (NEC) Legislature and Governance Committee to support and monitor the implementation of this process.


 * Transforming the judiciary**

Delegates drew attention to previous resolutions on the transformation of the judiciary that have yet to implemented, and noted that both government and parliament had undertaken processes over a lengthy period to consult all relevant role players, including the judiciary, on these policy issues.

Conference therefore resolved that a single, integrated, accessible and affordable court system be established. This would include the integration of the Judicial Service Commission (JSC) and the Magistrates Commission (MC) into a single structure to appoint judges and magistrates. There should also be a single grievance procedure for judicial officers.

The Constitutional Court should be the highest court for both constitutional and non-constitutional matters, with the Supreme Court of Appeal (SCA) as an intermediate court of appeal. Decisions of the SCA will be final if the Constitutional Court does not grant leave to appeal in a matter.

In a decisive move away from the apartheid-era structures, conference resolved there should be a single High Court, with each province having, at least, a division of the high court. Each division of the High Court should have a single Judge President and a single territorial area of jurisdiction.

In addition, courts should be urgently re-demarcated to enhance access to justice, especially in rural areas: "Magisterial districts must be re-demarcated by taking into account the boundaries of the other levels of government, especially municipal boundaries and the distribution of courts in accordance with population demographics, especially in previously disadvantaged and marginalised communities."

It also said 'community', municipal and small claims courts should be promoted and expanded where practical. There should be an alignment of traditional courts with then new constitutional dispensation and particular attention must be paid to the incorporation and development of indigenous law.

Conference accepted the proposal that the Chief Justice, as head of the judiciary, should be responsible for the "the development and implementation of norms and standards for the exercise of all judicial functions, such as the allocation of judges, cases and court rooms within all courts in the court system", while the administration of courts is the ultimate responsibility of the relevant minister.

It said the principle of separation of powers and the independence of the judiciary must be respected by all spheres of government: "We reaffirm the need for everyone to respect the rule of law and the independence of the judiciary, especially in so far as the adjudicative function of the courts is concerned. The judiciary must adjudicate without fear, favour or prejudice, but should also respect the areas of responsibility of other arms of the state and not unduly encroach in those areas."

Conference noted that government had completed the first phase of the provincial and local government policy review, which included public submissions. These submissions provided practical insights and lessons about thirteen years of provincial and local governance and contain proposals to make the system more efficient, equitable and accountable, and able to provide a better quality of service and governance to South Africa.

Conference agreed that the provincial and local government policy review will be completed in early 2009, with a draft policy and review released in mid-2008. The NEC was tasked to ensure that an ANC summit is held to formulate an input into processes to develop a White Paper on Provincial Government and to review the Local Government White Paper.

Delegates to Polokwane agreed that these resolutions provided strategic direction to the work of all ANC structures and deployees: "By building a broad consensus on the governing strategy we can confront the challenges we face over the next decade with confidence, as a united movement with a clear vision of the road ahead."


 * This is the third in a series of articles on the outcomes of the ANC's Polokwane Conference


 * From: http://www.anc.org.za/ancdocs/anctoday/2008/at03.htm#art2**

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