ANC+52nd+NC+2007,+Transformation+of+State+and+Governance

ANC 52ND NATIONAL CONFERENCE 2007 - RESOLUTIONS

 * [|Click here to view the PDF Format]**


 * CONTENTS**
 * 1) Organisational Renewal
 * 2) Social Transformation
 * 3) Economic Transformation
 * 4) Climate Change
 * 5) Rural Development, Land Reform and Agrarian Change
 * 6) **Transformation of State and Governance**
 * 7) Peace and Stability
 * 8) International Relations
 * 9) Communications and the Battle of Ideas

=**TRANSFORMATION OF STATE AND GOVERNANCE**=


 * PREAMBLE**

This 52nd National Conference of the ANC engaged with matters relating to the transformation of state and governance. Conference resolved on the organisation of the state; system of electoral representation; providing a broad framework for governance; transformation of the judiciary thus giving our movement clear strategic direction in this area. This resolution should provide enduring and useful guidance for the ANC as a whole, but in particular for those cadres that we deploy to government and legislatures to implement policy and develop tactical responses to a dynamic and constantly evolving society. 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.


 * ELECTORAL SYSTEM**


 * NOTING THAT:**
 * 1) The factors that led us to opt for a proportional representation 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.
 * 2) Our current system can best help us reach the true objectives of the NDR within the framework of our founding Constitutional principles.
 * BELIEVING THAT:**
 * 1) The imperatives to retain the current electoral system remain and call upon us to improve our responsiveness to the electorate.
 * RESOLVES THAT:**
 * 1) The current electoral system should be maintained and be strengthened, further to enhance the links between the people and their public representatives.
 * 2) 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.
 * 3) Appropriate requirements should be set for persons wishing to contest elections as independent candidates.
 * FLOOR CROSSING**


 * NOTING THAT:**
 * 1) The issue of allowing public representatives to join another political party whilst keeping their seats has been under discussion since the start of the constitutional negotiations that established our new democracy.
 * 2) Because of our divided political history, many public representatives had a false understanding of political organisations to which they had not been exposed but after interacting with members of these organisations, realised that they stood for similar principles as they did and therefore wanted to join them.
 * 3) As a result of the political dynamics at the time, the ANC agreed in 2001 that floor crossing should be provided for to allow public representatives who had changed their mind about the party of which they were a member to join another party.
 * 4) 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.
 * 5) Since the floor crossing legislation came into effect in 2002 a number of difficulties and unforeseen consequences with the implementation of the legislation have emerged.
 * BELIEVING THAT:**
 * 1) The political terrain which necessitated floor crossing has changed.
 * RESOLVES THAT:**
 * 1) 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.
 * SINGLE PUBLIC SERVICE**


 * NOTING THAT:**
 * 1) The 2002 National Conference of the African National Congress:
 * 2) Advocated the consolidation of the democratic order through the transformation of institutions of governance to facilitate the pursuit of the goal of creating a better life for all, the promotion of a culture of democracy and human rights, non-racism and a new patriotism and African unity for reconstruction and development;
 * 3) Highlighted the need for cadres actively to build a developmental state, capable of implementing the objectives of our national democratic revolution, including the creation of a better life for all, addressing the legacy of apartheid colonialism and patriarchy, and acting as the driving force for socio-economic transformation;
 * 4) Emphasised the role of the state as the key instrument for the delivery of basic services to develop appropriate systems and structures in order to facilitate capable and sustainable service delivery machinery; and
 * 5) The 2004 Manifesto of the African National Congress promises better cooperation among national, provincial and local governments with integrated planning, monitoring and evaluation, and a common system of public service.
 * RECOGNISING THAT:**
 * 1) The Constitution provides that our country is one, sovereign, democratic state and that the government is constituted as national, provincial and local spheres of government which are distinctive, interdependent and interrelated.
 * 2) The Constitution requires all spheres of government to provide effective, efficient, transparent, accountable and coherent government to secure the well-being of the people and the progressive realisation of their constitutional rights.
 * 3) 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.
 * 4) 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.
 * BELIEVING THAT:**
 * 1) The creation of a Single Public Service initiative will
 * 2) 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;
 * 3) 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
 * 4) 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.
 * RESOLVES THAT:**
 * 1) The African National Congress should continue to lead and drive the process of the unification of the administration in the three spheres of government in a Single Public Service.
 * 2) A structure be established within the Legislature and Governance Sub-committee of the NEC to support the implementation of the Single Public Service by facilitating engagements within Alliance structures and the ANC Caucuses across the different spheres of government.
 * 3) The envisaged structure must monitor the implementation of the Single Public Service.
 * TRANSFORMATION OF THE JUDICIARY**


 * NOTING THAT:**
 * 1) A number of the issues regarding the transformation of the judiciary that were decided upon at the National Conferences held in Mafikeng and Stellenbosch, and the 2005 National General Council have not yet been implemented.
 * 2) Implementation of these decisions is long overdue.
 * 3) There have been processes undertaken by both the executive, as well as the legislature, to consult all relevant role players, including the judiciary, on these policy issues, over a very lengthy period.
 * RESOLVES THAT:**
 * 1) A single, integrated, accessible and affordable court system must be established, including the integration of the Judicial Service Commission (JSC) and the Magistrates Commission (MC) into a single appointment mechanism and the establishment of a single grievance procedure for judicial officers.
 * 2) The Constitutional Court should be the highest (apex) court for all matters, constitutional and non-constitutional, with the Supreme Court of Appeal (SCA) as an intermediate court of appeal, with the proviso that this should not lead to undue delays in the hearing of appeals. Decisions of the SCA will be final if the Constitutional Court does not grant leave to appeal in a matter. Full bench appeals at the level of the High Court should be abolished and circuit courts shall be introduced at the level of the Supreme Court of Appeal. (SCA).
 * 3) The High Court system should be rationalised into a single High Court, with each province having, at least, a division of the high court, and the courts of appeal should be structured as described in paragraph 2. Each division of the High Court should have a single Judge President and a single territorial area of jurisdiction.
 * 4) Skills resulting from specialisation must be retained as we move towards a single, integrated, streamlined court system. Therefore, specialist skills must be retained, but located within the single court system, for example, the Competition Appeal Court, the Electoral Court and Tax Courts must be so integrated. The Labour Appeal Court should be integrated into the SCA, as a separate chamber. The Labour Court should be integrated into each division of the High Court, possibly as separate Chambers. The creation of further specialised courts outside the single court system should be discouraged.
 * 5) Judicial training and skills development of our judiciary is non-negotiable and must be vigorously pursued. Appropriate mechanisms must be urgently established to pursue the priority of establishing an adequate pool of judicial officers who are steeped in and reflect the progressive values of our constitution.
 * 6) The re-demarcation of courts to enhance access to justice, especially in rural areas, must be urgently expedited. 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. Outdated court descriptors (titles / descriptions) should be renamed. The various jurisdictions, mandates, boundaries etc. must be rationalised, integrated and aligned.
 * 7) A new layer of Regional Civil Courts should be established by extending their jurisdiction to civil law matters; the functions of the old "black" Divorce Courts must be taken over by the new Regional Civil Magistrates Courts.
 * 8) "Community" courts, municipal and small claims courts must be promoted and expanded where practical and practicable.
 * 9) There must be an alignment of traditional courts with our new constitutional dispensation and particular attention must be paid to the incorporation and development of our indigenous law
 * 10) There needs to be an integrated system of court governance, within a single judiciary, with the Chief Justice as the head of the judiciary.
 * 11) Whilst justice is an exclusive national competency, there is a need to look at the matter carefully in the context of co-operative governance with particular reference to access and equity. 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.
 * 12) The principle of separation of powers and the independence of the judiciary must be respected by all spheres of government. In this context:
 * 13) The Chief Justice, as head of the judicial authority, should exercise authority and responsibility over 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.
 * 14) The administration of courts, including any allocation of resources, financial management and policy matters relating to the administration of courts, are the ultimate responsibility of the Minister responsible for the administration of justice.
 * 15) There must be a single rule-making mechanism for all courts, which is inclusive of all role players, to process rules through the Rules Board, which is a specialist advisory body consisting mainly of legal practitioners, with the rules being approved by the Minister and Parliament, and in the process of adopting rules to allow for public participation.
 * 16) Every person must enjoy the right to use an official language of his or her choice in all court proceedings of first instance. Interpretation services must be provided, as far as is possible, where the language in criminal proceedings is not the accused's official language of choice or is conducted in a language he or she does not understand. In the case of an appeal / review against the findings of the court of first instance, the record must be typed in English, for use in the court of appeal/review. Any written court process (for example, a summons or writ of execution) should be produced and printed in English and, if it is the wish of a litigant, in one other official language, as prescribed.
 * 17) This resolution, including past resolutions, must be urgently implemented by the end of the present term of government.
 * REVIEW OF PROVINCIAL AND LOCAL GOVERNMENT**


 * NOTING THAT:**
 * 1) Government has launched and completed the first phase of the provincial and local government policy review and that the public in all sectors has taken the process seriously, with more than one hundred and thirty submissions received. 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.
 * 2) Inputs from political parties, provincial governments and national departments were not as numerous as expected, which means that the policy review process is denuded of the benefit of unlocking the practical experiences and insights of important stakeholders.
 * 3) That the provincial and local government policy review will be completed in early 2009, with a draft policy and review released in mid-2008.
 * RESOLVES**
 * 1) That the incoming NEC must ensure that an ANC summit is held to formulate an input into process to develop a White Paper on Provincial Government and to review the Local Government White Paper.
 * ETHICS AND INTEGRITY**


 * BELIEVING THAT:**
 * 1) The ANC has through its 95-year history always embodied and aspired to the highest morality and values of South African society.
 * 2) Service to and in the name of the African National Congress requires the highest level of ethical conduct and integrity.
 * 3) Any unethical conduct by public officials destroys the trust of citizens in public institutions and governance processes.
 * 4) Corruption is a systemic and institutional phenomenon involving all sectors of society and undermines democratic processes and corporate governance and erodes social cohesion and values. Measures to combat corruption must deal with both those who corrupt as well as those who are corrupted.
 * FURTHER BELIEVING THAT:**
 * 1) The South African national integrity system encompasses the legislative, executive, judicial, business and civil society sectors and must be underpinned by our revolutionary morality and historic values.
 * 2) The public have a crucial role to play in exposing corruption. Preventative measures including awareness and communication should be used to ensure ethical conduct.
 * 3) All sectors, especially the legislatures and judiciary need to be strengthened actively to promote and support integrity.
 * 4) Anti-corruption standards of the African, OECD and United Nations legal instruments must be made applicable to South Africa through national legislation.
 * RESOLVES THAT:**
 * 1) ANC members and leaders in particular should continue to actively promote ethical and democratic values and lead by example.
 * 2) ANC members and leaders in particular must avoid conflicts of interest or perceived conflicts of interest.
 * 3) The ANC must provide leadership to society as a whole in the fight against corruption.
 * AND FURTHER RESOLVING THAT:**
 * 1) The private sector in its national and foreign business dealings must be held to comply with and promote the highest standards of sound and ethical corporate governance and social responsibility.
 * 2) The public sector should continue to play a leadership role in ensuring ethical conduct and integrity in all aspects of the national integrity system through multi-sectoral forums such as the National Anti-Corruption Forum.
 * 3) South Africa should continue to promote its anti-corruption values and interests in continental and international structures.
 * THE FOLLOWING ISUES WERE REFERRED TO THE INCOMING NEC FOR PROCESSING:**


 * VOTING AGE**

The proposal that the voting age be lowered from 18 to 16 needs serious investigation and discussion.
 * RESOLVES THAT:**


 * POST-TENURE/EMPLOYMENT RULES FOR ELECTED REPRESENTATIVES AND PUBLIC OFFICIALS**


 * BELIEVING THAT:**
 * 1) Public service to the people of South Africa is a revolutionary duty of all cadres of the ANC that should be executed with dedication and selflessness, in particular by those deployed to serve in executives, legislatures and the public service at all levels.
 * 2) The highest standards of integrity are required of all elected representatives and appointed public officials.
 * 3) The rampant and selfish quest for personal wealth undermines the values and revolutionary morality of the national democratic society we seek to build.
 * RECOGNISING THAT:**
 * 1) Legitimate, ethical economic activity and the flow of skills and experience between the public and private sectors are necessary to grow the South African economy.
 * RESOLVES THAT:**
 * 1) The NEC needs to urgently develop a clear framework to guide the flow of skills between the public and private sector. This framework must specify:
 * 2) a period during which public representatives and senior officials in the public service should be prohibited from accepting appointment to a board of directors, any form of employment or any other substantial benefit from a national or international private sector organisation to which a contract, tender or partnership arrangement has been awarded, or in the process of negotiation by the public organisation to which the official was attached.
 * 3) compensation for public representatives and senior officials who are prohibited from the above.
 * 4) Public representatives and senior officials must desist from using their former public office, including supplying any information or other strategic advantage, for the benefit of any private sector organisation;
 * 5) Mechanisms currently in existence must be strengthened to curb the possibilities of the abuse of public office for personal gain.
 * FURTHER RESOLVES THAT:**
 * 1) The NEC must provide mechanisms to assist cadres requiring guidance in individual or collective interests they may want to pursue.
 * 2) Career-pathing and other measures should be put in place to prepare deployed cadres for the possibility of redeployment.
 * DEFENDING THE DEMOCRATIC STATE**


 * BELIEVING THAT:**
 * 1) It is the responsibility of the members and structures of our movement and the broad democratic movement to defend the democratic state and its institutions.
 * RESOLVES THAT:**
 * 1) The need for respect for the institutions of the democratic state by members and supporters of our movement; respect for the institutions of the democratic state and public property owned by the people as a whole, during the exercise of the entrenched democratic right to engage in public demonstrations, be reaffirmed.
 * 2) The use of force during public demonstrations and mass protests resulting in such unacceptable actions as violent assaults against the people, intimidation in various forms, looting and destruction of property should be unequivocally condemned.
 * ESTABLISHMENT OF A WOMEN'S MINISTRY**


 * NOTING THAT**
 * 1) The ANC has led South Africa in ensuring that the empowerment of women is brought to the centre of development.
 * 2) South Africa has addressed issues of women empowerment through all government departments and by monitoring through the gender machinery set up in the Presidency.
 * 3) Fighting poverty is a key objective of the ANC and that poverty affects women disproportionately.
 * 4) There is a need to consider the impact of all government policies on women and for the coordination of the necessary redress.
 * 5) The experience of countries such as Chile and Tunisia demonstrate the need for a Women's Ministry.
 * FURTHER NOTING THAT:**
 * 1) The ANC's objective is to halve poverty by 2014 and work towards the eradication of poverty.
 * 2) Further investigation is necessary on the appropriate government structures to address issues affecting women, including the establishment of a Women's Ministry.
 * 3) The increasing feminisation of poverty in SA and globally.
 * THEREFORE RESOLVES THAT:**
 * 1) The ANC's policies and programmes need to address the increasing feminisation of poverty in South Africa.
 * 2) Serious consideration is given to the establishment of a Women's Ministry.

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