South Africa – Public participation experiences

1. South Africa – Public participation experiences Presentation by Jay Kruuse at GIFT’s Regional conference on Public Participation in the Budget Process Ljubljana, Slovenia 11 May 2017 www.psam.org.za @Right_to_SAM @cjkruuse

2. Outline • Why have Public Participation (PP) mechanisms? • Authorizing environment • Design and implementation of PP mechanism? • Results & impact • Lessons learned

3. Why have a mechanism for Public Participation in South Africa? Supreme law to ­: • Heal divisions of the past - establish a society based on democratic values, social justice & fundamental human rights; • Lay foundations for a democratic & open society in which govt. is based on the will of the people; • Improve quality of life of citizens - free the potential of each person; • Build a united & democratic South Africa. Founding value: human dignity

4. Authorizing environment Freedom of expression (s.16 of SA Constitution): • Includes: freedom of the press; freedom to receive or impart information or ideas; Right to Information (s.32 of Constitution): • ­any info. held by the state • any info. held by another person & required for exercise or protection of rights. Just administrative action (s.34 of Constitution): • Administrative action must be lawful, reasonable & procedurally fair; • Everyone whose rights adversely affected by administrative action has the right to be given written reasons. • Courts can review admin. action.

5. Authorizing enviro. Public administration principles (s.195 of Constitution): • People's needs must be responded to, public must be encouraged to participate in policy-making. • Public administration must be accountable. • Transparency must be fostered by providing public with timely, accessible & accurate info. Service Delivery Improvement Plan (reg.38 of PSR) - Must contain consultation arrangements with dept’s actual & potential service recipients; - Must stipulate a system or mechanism for complaints. PFMA: “to secure transparency, accountability, and sound management of the revenue, expenditure, assets and liabilities” SA Constitution – creates justiciable socio-economic rights f/work.

6. OGP Commitments SA’s OGP 2nd Country Action Plan 2013 - 2015: • C1: Accountability/Consequences Management F/Work • C6: Develop a citizen-participation guideline • C7: Enhance Involvement of Civil Society in Budget Process SA’s OGP 3rd Country Action Plan 2016 – 2018 • C1: Strengthen citizen-based monitoring to enhance accountability & performance • C2: Open Budgeting - enhance Public Participation in budget process.

7. Design & implementation of PP in SA • Poor design & weak implementation of SA’s OGP 2nd Country Action Plan 2013-2015. Inadequate consultation during design of AP. C1: Accountability/Consequences Management F/Work IRM Report: “SA’s self-assessment report omitted this commitment. “No evidence that this commitment has been fulfilled.” C6: Develop a citizen-participation guideline. IRM Report: “Further work needed on basic implementation”; “Commitment not yet implemented”; “stronger p/ship btngovt & CSOs in finalizing guidelines” C7: Enhance Involvement of Civil Society in Budget Process IRM Report: “Level of completion: Unclear”; “No measureable deadline”; “Commitment involved activities that did not stretch govt. practice beyond baseline that existed before joining OGP”; CSO’s “not convinced that their inputs ultimately influence the budget”; “Significant revision of the Commitment” needed.

8. Evidence of improved design & implementation of SA’s OGP 3rd Country Action Plan - Improved consultation in design of AP; - Commitments more measurable with greater levels of accountability. - Certain coordinating Dept’s have greater influence. • Open Budget Survey 2015 – South Africa - While excelling in budget transparency (85/100) , public participation (65/100) is of concern. - “no formal requirement for the executive to engage with the public during either the formulation or the execution phase of the budget process; instead the public only has access to informal procedures to engage with the executive during the budget process. The executive has established some mechanisms to identify the public’s perspective on budget priorities, but these mechanisms are not adequate. The “Tips for the Budget” tool, and the spaces established for community participants … provide some access. In practice, however, these mechanisms do not facilitate broad-based and effective participation.”

9. OBS – South Africa -SA should improve participation as follows: -Establish formal regulations that oblige executive to engage with the public during each stage of the budget cycle. - Provide detailed feedback on how public assistance and participation has been used by the supreme audit institution. - SA should improve oversight by ensuring EBP given to legislators at least 3 months before start of budget year.

10. Results and impact • Signs of progress implementing SA’s 3rd Country AP iro OGP: C1: Strengthen citizen-based monitoring to enhance accountability & performance - Dept of Performance Monitoring & Eval - Assurances by Finance Ministry & action. - Auditor-General SA reports & advocacy - HR Commission & Public Protector investigations - Parliament appear more cognizant & receptive. C2: Open Budgeting - enhance Public Participation in budget process. - Creation ofMunicipal Money web-based tool; - Work between National Treasury & civil society to create Open Budget Portal – feedback received – process u/way. • OBS 2017: Strengthened indicators on public participation and oversight. SA score & position may decline unless greater PP commitment shown.

11. Lessons learned • Learn from your & others mistakes – don’t repeat them. • Use/respect GIFT’s High Level Principles on Fiscal Transparency • Make sure OGP lead dept’s have real coordinating powers – not empty rhetoric. • Explicit grounded authority in laws. Formal vs informal • Open, well-planned & communicated OGP consultation mechanisms • Develop/support broad based CSO coalitions to sustain engagement with OGP. • Use GIFT’s Public Participation Guide • Strategic public interest litigation • Take OBS seriously • Draw on and support Supreme Audit Institutions.

12. Thanks Website: www.psam.org Twitter: @Right_to_SAM Email: j.kruuse@ru.ac.za