The importance of affirming partnerships between civil society and government the imperative for Bat

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The importance of affirming partnerships between
civil society and government - the imperative
for Batho Pele principles in the arena of local
governance a Black Sash perspective
10-12 November 2008 Feather Market Centre, Port
Elizabeth, Eastern Cape
Presented and compiled on behalf of the
Black Sash by Elroy Paulus (National Office)
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Our objectives with this presentation

• Invitation government departments for a working
  partnership with ourselves and similar
  institutions based on common objectives
• Demonstrating initial positive effects of both
  out of the box- thinking by both civil society
  and government that promote ubuntu
• Reflection effects, experiences
• and consequences when
• Batho Pele policy framework
• is treated as an add-on
• function.

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Outline of Black Sash Presentation

• Background
• An overview - good practices interesting
  findings key challenges
• Gleaned from regional directors national office
  staff and paralegals of the Black Sash
• Western Cape (Cape Town and Knysna)- Eastern
  Cape (Grahamstown and Port Elizabeth) - Gauteng
  Regional Office and KZN Regional Offices (Durban
  and Pietermaritzburg)
• Our methods and strategies to promote Batho Pele
• Lessons learnt and way forward from
• collective reflections
• Recommendations and Conclusions

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Some challenges of fostering affirming
partnerships
Source Local Democracy in Action, A Civil
Society Perspective on Local Governance in South
Africa Good Governance Learning Network (GGLN)
May 2008 www.ggln.org.za
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Some challenges of fostering affirming
partnerships

• The 3 aspects of good governance are
  interconnected, each aspect influencing the other
  two efficient functioning of each of the three
  aspects requires
• integrity and perceptiveness at the level of
  council and adequate
• professional and technical skills within the
  administration, and
• this institutional capability must be matched
  and informed by and
• augmented by appropriate spaces for, and
  recognition of, public
• participation, or voice.
• Community groups/leaders sufficiently enabled
  to engage government with
• a deeper understanding of the
  functions/powers/mandates and limitations of
• government hence the need for rights
  education ? local advocacy

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A typical (but naïve) theoretical relationship
model between civil society, State and business
To better understand the challenges of pursuing
good relations between civil society, govt and
business, we need to revisit these assumptions
and examine the SA context
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A more realistic portrayal of the
interrelationship between Civil Society, State
and Business
Local/District 283 / 46 municipalities
Govt Agencies, Parastatals
State/ National
Provincial (9)
ABSIP
BUSA
Business
N ACTU
Chambers of Commerce
SMEs
Civil Society
Each municipality, province or region has a
unique picture - an analysis, critique and
engagement within a given context situation is
important to build and work towards affirmative
partnerships each with its own pace, outcomes
and challenges
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Some background info on the Black Sash

• 53 - year old human rights organisation -
  continues to empower marginalized communities and
  individuals to speak for themselves ? to effect
  change in their social and economic
  circumstances. 
• We do this through the strategies of Rights
  Education Advocacy and Advice Giving
• National Office and 7 regional offices viz. Port
  Elizabeth - Grahamstown - Durban
  Pietermaritzburg - Gauteng - Cape Town - and
  Knysna Regional Office

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Elements of 2008-2012 Strat Plan of Black Sash

• Programme - Comprehensive Social Security
  Campaigning to close the policy gaps and working
  for the realization of Constititutionally
  entrenched socio-economic rights.
• Programme - Consumer Protection for the Poor
  building a fair credit and consumer environment.
• Programme Social Services and Subsidies where
  we will work with communities who will be
  educated about their rights, provided with advice
  where needed and enabled to take action to access
  them within the area of social and consumer
  protection

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Recent experiences of partnerships between
govt/public entities and civil society
A. Local/ Regional SASSA EC and PERO Black Sash

• Mr Mbuyiselo Mcetywa (SASSA district area
  manager) and Black Sash Paralegals John Neer
  (with Thembi Mawisa (background) doing a
  community radio rights education programme
  together on SROD and social grants. It reached
  270 000 listeners in the NM Bay Metro and
  surrounding areas on Nkqubela (KQ) FM Community
  Radio Station - 10 April 2008.

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Recent experiences of partnerships between
govt/public entities and civil society

• B. National and Provincial
• DoSD senior officials and civil society
  organisations including Black Sash facilitating
  and reflecting on consultations
• Draft Comprehensive Social Security Reform
  Proposals ? Towards a
  White Paper on Social Security (August
  October 2008)
• A National Conference (12-13 August 2008) and
  three provincial
• workshops were held

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Recent experiences of partnerships between
govt/public entities and civil society

• National and Human-made Disasters
• Xenophobia and internal displacement
• National Poverty Hearings
• Social Cohesion initiatives

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Recent experiences of partnerships between
govt/public entities and civil society
D. National Participating in launch of
Anti-Poverty Strategy (Presidency) as part of
civil society late 2007 current
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Regional experiences and perspectives

• Western Cape
• (SASSA) - largely positive. Administration has
  been good for years in the Western Cape though
  not enough staff to address the need.
• Worked in Lwandle Masiphumelele George and
  Khayelitsha
• From time of application, beneficiaries who
  qualify, typically receive a grant within 21 days
  (e.g Khayelitsha)
• Results due in part since SASSA (WC)
  acknowledged, signed and committed to uphold the
  Batho Pele principles.
• Resource problems - rollout of grants to
  beneficiaries.
• common agreement - numbers of people going to a
  service point huge ? huge delivery challenge

• Cape Metro - Some service points - people
  arrive since 03h00. People appear to assume that
  if they are turned away at a service point (as
  opposed to the physical pay point), they will
  have to come back another day.

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Regional experiences and perspectives

• Western Cape
• Knysna Office - very different scenario in the
  coastal and more rural parts of the Western Cape.
  
• George area (Eden and Karoo Districts) queue
  problems ameliorated.
• Services offered weekly in George and bi-weekly
  in Knysna.
• Once a week - mobile service visits surrounding
  farms around Knysna.
• Increasing the frequency helps to drastically
  keep waiting times low.
• Formal monitoring of SASSA - typical waiting
  period between 30 60mins, some even less than
  30 minutes at pay points once they are inside
  the hall
• weekly basis - assist people to address
  bureaucratic administrative or technical
  challenges regarding access to these critical
  services cf our websites you and your rights
  section
• This informs readers with up to date fact sheets
  around 9 different types of grants

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Regional experiences and perspectives

• Western Cape - Key challenges
• Grant Administration appeals process removed
  from SASSA.
• Tribunal based in DoSD,Pretoria - backlog of
  about
• 45 000 cases - most relating to disability
  grants - frustrated - management of these appeals
  also appear to be complicated by transfers
  between provinces.
• Transport issues (Knysna area)
• Require critical interventions and
  cooperation by and between various government
  departments and entities.
• Many taxi drivers do not have PDPs or
  operating permits.People forced to use taxis
  almost exclusively - no reliable bus or rail
  service exists between, for example, George
  Knysna and Plettenberg Bay.

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Regional experiences and perspectives

• Yet, 2nd highest cause of death in Western Cape
  is road accidents.
• Very recently, StatsSA publication Mortality and
  causes of death in South Africa, 2006 Findings
  from death notification - makes specific mention
  that the second most common cause of non-natural
  deaths was transport accidents (10,8).

Source StatsSA PO309032006 23 October 2008
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Mortality and causes of death in South Africa,
2006 Findings from death notification

• Age cohort within which non-natural deaths occur
  (43 of all deaths) young people 15-19
• Scholars and teenagers - most negatively
  affected transportation accidents play a very
• high role.
• Will have major impact on the economically
  active population over the next 2-4 decades.

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Regional experiences and perspectives

• Urgent interventions required
• Process taxi transport permits urgently regulate
  the industry effectively i.e. make transport
  policies people-friendly (and safe for people to
  use).
• People seeking government services and
  opportunities to find work must be far more
  accessible and safely so, for unemployed
  vulnerable or marginalised people.
• Challenge claims that 95 of South Africans live
  within a 5-km radius of a health facility
  ?measure intervention beyond the existence of a
  facility or structure, but quality of services
  adequacy, sustainability and that
  beneficiaries/patients/people are treated with
  dignity.
• Minister Skweyiya emphasised the need for
  pensioners and beneficiaries to be treated with
  dignity and respect
• Requires better intergovernmental relations
  cooperation between service providers national
  and local government authorities, and local civil
  society organisations with adequate capacity

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Regional experiences and perspectives

• Eastern Cape experiences and perspectives
• Insights from the SROD Rights Education Events
• Black Sash Port Elizabeth Regional Office and
  local SASSA offices jointly ran radio interviews
  informing clients about the Social Relief of
  Distress grant (SROD) in the Nelson Mandela Bay
  Municipality.
• Impact ? client knew entitlement to SROD.
  Demonstrated initiative to hold a government
  agency accountable to its mandate and
  simultaneously educate beneficiaries about this
  specific kind of grant.
• Yet, within 130 kms - SROD procedure of
  application has a very divergent interpretation
  regarding the applicability/eligibility of SROD.

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Regional experiences and perspectives

• Eastern Cape experiences and perspectives
• Often led to many unnecessary bottlenecks and
  administrative problems for clients.
• Example claim that one needs a social worker
  recommendation for a SROD (there is none).
• Reflects poor awareness of policy and regulations
  ? dire consequences for beneficiaries, especially
  for beneficiaries in rural areas, far from
  institutions that can help, challenge a decision.
  
• The total national allocation for SROD was a mere
  R124 million for 2008/9 and these funds have
  run out in certain provinces.

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Regional experiences and perspectives

• Eastern Cape experiences and perspectives
• Other examples - Debt and Credit workshop -
  Rhodes University. A joint initiative hosted by
  Black Sash (Ght RO), Black Sash National Office,
  co-presented dti - Economic Affairs Dept
  National Credit Regulator (NCR) Competition
  Commission the Council for Debt Counsellors and
  the Credit Ombudsman

• Aim ? raise awareness on debt and credit issues
  subsequent to the promulgation of the NCR
  regulations giving advice to clients and the
  services (most free) offered by various
  stakeholders.
• Almost entirely paid for by the various
  stakeholders no additional money needed to be
  raised to have this event.
• Similarly KZN and Gauteng - there may have been
  merit in requesting a presentation of the local
  municipality and district municipalities debt
  and credit management policy.

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Launch of Debt and Credit Guide Dec 2007
As part of its vision to make human rights
real, the Black Sash has published a  concise
and easy-to-use guide that addresses issues of
debt and credit "DEBT and CREDIT - A Reference
Guide for Paralegals" provides valuable
information and guidance on the rights and
responsibilities of both those who borrow and
lend money
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Regional experiences and perspectives

• Recently, PERO, supported by National Office -
  embarked on new programme (Social services and
  subsidies ? community-based rights education and
  local advocacy initiatives
• Begun working in KwaNoxolo with a local group of
  women.
• Helped identify advocacy priorities, including
• Establishment of a health clinic/services
  (closest is gt 8 kms away)
• Getting access to Umsobomvu Fund for skills
  development and training

Eastern Cape experiences and perspectives
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Regional experiences and perspectives

• Eastern Cape experiences and perspectives
• Interventions required, include
• Advocacy and motivations for a massive increase
  in SROD
• Greater strategic used of local community radio
  stations to share important information regarding
  socio-economic rights

• Regular updates to government staff on the
  implications of new regulations regarding
  eligibility for grants
• Improved intergovernmental relations sharing of
  information and designing innovative strategies

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Regional experiences and perspectives

• Black Sash Gauteng Regional Office (GAURO)
• Positive developments
• GAURO, local CBOs and NGOs with the City
  of Johannesburg Municipality, organisations
  serving Asylum Seekers Refugees and Migrants -
  commitment was brokered to ensure that government
  completes 50 cases per day.
• Fairness to applicants from African
  diaspora - cases seen and addressed were divided
  by the ratio of applicants from various countries
  per day.
• Required close working relationships with
  amongst other, the City of Johannesburg
  municipality Department of Home Affairs
  CBOs/NGOs and faith based organisations.

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Regional experiences and perspectives

• Black Sash Gauteng Regional Office (GAURO)
• Challenges
• failure to timeously renew permits
• blanket decision on the status determination of
  especially Zimbabweans
• lack of effective communication
• no facilities were provided for sanitation,
  shelter, water and social protection.

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Regional experiences and perspectives

• Black Sash KwaZulu Natal Regional Offices (Durban
  and Pietermaritzburg) experiences and insights
• KZN Black Sash works closely with the
  Department of Social Development (DoSD)
  Department of Labour (DoL) Department of Home
  Affairs (DoHA) Department of Education (DoE)
  and Department of Finance (DoF).

• Also have good working relations with SASSA
  the SA Human Rights Commission (SAHRC) local NGO
  and CBO networks and the local universities.

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Regional experiences and perspectives
Urgent interventions needed National strategy
for standardization of norms and standards to be
developed on a range of issues (mentioned
earlier). Regular meetings with
Directors-General of key government departments
holding meetings with the Mayors Office and
other relevant government players/officials
Black Sash KwaZulu Natal Regional Offices (Durban
and Pietermaritzburg) experiences and insights
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Lessons learnt and way forward from collective
reflections

• To develop thorough understanding of the new
  programmes context and challenges Black Sash
  joined the GGLN mid-2008.
• Consultation - other CBOs/NGOs from other
  countries in Southern Africa engaged in local
  governance work, critical insights gleaned
• These developments cross-cut service delivery and
  governance matters in all SADC countries

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Lessons learnt and way forward from collective
reflections

• Briefly these can be summarized as follows
• Decentralisation
• Civil society participation
• A common theme - 'erosion of real participation
  due to patronage
• Coordination failure in terms of
  intergovernmental relations
• Urbanisation rates in Sub-Saharan Africa
• Above factors have had a serious impact on
  development challenges in every municipality
  province and district in South Africa. This
  includes our work as the Black Sash.

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Black Sash Priority list for Social Service and
Subsidy programme
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Black Sash Priority list for Social Service and
Subsidy programme

• Free Basic Services (water and electricity) and
  sanitation services
• Indigency Policy
• Access to Clinics primary health care services
• No Fee Schools and School fee exemptions
• Disaster Management
• Access to Early Childhood Development (ECD)
• Transportation
• Corruption, poor practice and/or delivery
  mechanisms, and
• Other

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Black Sash Priority list for Social Service and
Subsidy programme

• Other includes
• Coordinated and integrated services
  inter-departmentally inter-provincially and
  between the 3 spheres of government, and with
  public entities and Chapter 9 Institutions where
  necessary
• Impact of evictions on households - how and when
  these are legal.
• What environmental laws ordinances and by-laws
  affect marginalised and vulnerable people and
  what the impact and requirements of relatively
  new legislation,e.g. National Environmental
  Management Act (NEMA) are.

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Black Sash Priority list for Social Service and
Subsidy programme

• Municipal accountability and public participation
  in policy and delivery formulation and planning -
  efficacy of ward committees and other community
  led fora.
• Linkages between spatial planning and services,
  and access to these services (e.g. the absence of
  street naming in certain areas and the impact
  this has on emergency medical services reaching
  people in these areas).
• Real alignment of policy and practice between
  national provincial and local governments.

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Kea Leboga! Rea leboga!
Ngiyabonga!

• Thank you!
• Enkosi!
• Dankie!