South Africa – Public participation experiences

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

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

3. Why have Public Participation (PP) mechanisms? 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; Founding value and right: 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 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 have 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. Finance Ministry & National Treasury • Post1994 – characterized by consistent & sound budgetary policies. • Internationally recognized regulatory f/work. • Stable admin & political leadership until 2016/17. • Actively promoted budget transparency – high ranking on OBS (4th in 2006; 2nd in 2008; 1st in 2010, 2nd in 2012, 3rd in 2015). • Historically open to constructive engagement

7. 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.

8. Design & implementation of PP in SA • Poor design & weak implementation of SA’s 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”;

9. Evidence of improved design & implementation of SA’s OGP 3rd Country Action Plan - Improved consultation in design of AP; - better u/standing of demographics / literacy rates - Commitments more measurable - 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.”

10. 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. - Improve oversight by ensuring EBP given to legislators at least 3 months before start of budget year.

11. Results & impact • Signs of progress implementing SA’s 3rd Country AP : C1: Strengthen citizen-based monitoring to enhance accountability & performance - Dept of Performance Monitoring & Eval. - Assurances/action by Finance Ministry & Treasury. - Auditor-General SA reports & advocacy - HR Commission & Public Protector investigations - Parliament more cognizant & receptive. - 2016 Election results revealing C2: Open Budgeting - enhance Public Participation in budget process. - Creation ofMunicipal Money web-based tool; - Constructive engagements btn Treasury & civil society to create Open Budget Portal – feedback – process u/way. • OBS 2017: Strengthened indicators on PP & oversight. SA score & position may decline unless greater PP commitment shown.

12. Lessons learned • Learn from your & others mistakes. • Use 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 – demographics, literacy etc • Support broad based CSO coalitions to sustain OGP engagement . • Use GIFT’s Public Participation Guide • Jurisprudence / Court rulings • Take OBS seriously – mutually beneficial • Draw on and support Supreme Audit Institutions.

13. Thanks Q & A Website: www.psam.org Twitter: @Right_to_SAM Email: j.kruuse@ru.ac.za