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DEMOCRACY AND GOVERNANCE


Democratic Consolidation Advanced

Supporting the Consolidation of South Africa’s Democracy

BAC launch

In April 2004 South Africans went to the polls in the country’s third freely-held national elections. Ten years after the end of apartheid, these peaceful elections closed the period of transition. But while the transition may be over, the transformation has just begun. There are serious problems that still need to be addressed, including:

Frustration with the slow pace of the transformation was seen once again in the results of a 2002 survey conducted in 12 African countries that found that only 57% of South Africans still believed their democracy was preferable to any other form of government, down from 63% in 1999. By comparison, over 70% of Malians, Nigerians, Ugandans and Zambians preferred their democracy to non-democratic alternatives. The same frustration was seen again in the results of the 2004 elections. Of the 27 million South Africans who were eligible to vote, 21 million actually registered, and of eligible voters aged 18-25 only 47% registered. When Election Day came, of all the South Africans eligible to vote, only 57% actually did so.

With only 57% of South Africans saying they still support their democracy and only 57% of the eligible voters actually voting, it is clear that South Africa’s democracy still faces challenges.

Background

USAID has been working to support the establishment of democracy in South Africa since the mid-1980s. Before 1994 USAID assisted human rights non-governmental organizations (NGOs) to hasten the fall of apartheid. Since 1994 USAID has engaged in bilateral support to the Department of Justice (DOJ) in judicial strengthening and its fight against crime and to the Department of Provincial and Local Government (DPLG) as it establishes the new system of democratic local government.

USAID Programs Today

USAID’s Democracy and Governance program addresses three critical threats to the consolidation of South Africa’s democracy:

Helping in the Fight against Crime: South Africa has one of the highest crime rates in the world and one of the lowest conviction rates. In 2000, 2.6 million crimes were recorded by the police. In 2002 the number was 2.7 million, meaning crime had stabilized, but at unacceptably high levels. Unfortunately, the conviction rate has also stabilized at the unacceptably low level of 8%. The high rate of crime and the low conviction rate make South Africans feel personally unsafe and contribute to their growing disillusionment with democracy.

In 2002 USAID entered into an alliance with the Department of Justice (DOJ) and Business Against Crime (BAC), a nonprofit association of major South African corporations that has joined forces with the government in the battle against crime. The alliance supports the restructuring of the DOJ under an initiative announced by the Minister of Justice to improve the DOJ’s effectiveness through the institution of an integrated case flow management system and the decentralization of court support services. Because white collar crime negatively affects South Africa’s economy, accounting for 30% of all business failures and consuming 5% of business revenue, and discourages foreign investment, USAID supports the establishment of specialized commercial crimes courts where dedicated personnel from the National Prosecuting Authority and the DOJ who have been permanently assigned deal exclusively with commercial crimes including fraud and corruption. Cases heard in the commercial crimes courts are so well-prepared that by 2002 the conviction rate was 94%, with 50% of all accused pleading guilty, and 33% of the convicted sentenced to jail with no option of a fine.

Because certain crimes in South Africa such as money laundering, carjacking and cash-in-transit heists are organized by crime syndicates, USAID, through the services of the US Department of Justice, provides specialized technical assistance to the National Prosecuting Authority in prosecuting complex and organized crimes.

Lastly, because so much of crime in South Africa involves violence, and much of it is directed against women and children, USAID supports NGO initiatives that provide victim support services, prepare child victims to testify in court, and monitor cases involving domestic and other forms of violence against women and children as they move through the legal system.

Assisting South Africa’s Democratic Local Government System: In South Africa, local governments are responsible for stimulating local economic development and for providing people with basic services. The basic services include water, electricity, sanitation, affordable housing and basic health care. There is an enormous backlog in the extension of these services to historically disadvantaged communities, a daunting task for which the municipalities facing the highest backlogs have the lowest capacity to deliver. Rates of payment for local government services are low, as seen by the fact that cumulative arrears owed to local governments now amount to half of total local government annual revenue.

To help improve the performance of (and public trust in) local government, USAID provides technical assistance to the Department of Provincial and Local Government (DPLG). Initially USAID assistance went toward the establishment of the local government statutory framework. As the system came into existence USAID helped establish the Knowledge Sharing Program (KSP), a Web-based system by which all municipalities can share best practices as they are developed. Applied research into issues confronting local governments as well as case studies of local government best practices are compiled and disseminated through the KSP. Through the program USAID has also helped sponsor the formation of learning networks of district and local councils that undertake peer reviews of one another to find ways of improving governance.

Since 2000 USAID has assisted almost one-third of South Africa’s 284 metropolitan, district and local municipalities to improve governance through individualized projects. New local councilors have been trained in their roles and responsibilities, municipal development plans have been produced, and public participation has been improved through training of ward committee members.

HIV/AIDS is a serious problem for local governments, which are expected to build and maintain the government’s public health facilities. USAID supports an NGO-led project that has brought councilors, officials and community leaders together to develop a plan of action for mitigating the effects of the pandemic in over 100 of South Africa’s municipalities.

Improving the Viability and Participation of Civil Society: From the mid-1980s until 1994 USAID provided funding to hundreds of human rights NGOs in the struggle against apartheid. Due to the loss of leadership, mission and international funding in the years immediately after 1994, South Africa’s civil society in 2004 is significantly weaker. This is a threat to South Africa’s democracy, which by design depends on people taking part in their own governance and on NGOs playing a large role in delivering services to the needy.

One chief cause of the weakening of civil society was the loss of international funding. To help improve the financial viability of the non-profit sector, USAID has supported the amendment of South Africa’s tax laws to increase the number of non-profit activities exempt from taxes, and to increase the percentage of income exempt from taxes through charitable giving. Today 49 different types of non-profit activities are tax exempt, and individuals and corporations can reduce their taxable income by up to 5% through charitable giving. Between 2001 and 2003 these tax reforms yielded a total net benefit to South African civil society equivalent to $11 million at the prevailing exchange rate, funds that were translated into good works in the communities by the voluntary associations that benefited from them.

Prior to 1994 local authorities were targeted by the campaign to make apartheid ungovernable. Attitudes shaped then persist today. According to a 2002 survey, only one-third of South Africans approve of their local government’s performance, a negative attitude that contributes to low participation and rates payments. To reverse this pattern, in January 2004 USAID began funding an NGO-led program in 14 local municipalities that targets the leaders of community-based NGOs. The leaders are trained in how their local council works, on the avenues provided for participation in their local council’s budgeting, planning and procurement processes, and they are made aware of the dependence of their local council on their communities to pay for government services. The program is expected to increase and improve participation by the community-based NGO leaders in the affairs of their local councils, and to motivate them to encourage their communities to pay for the government services they receive.

Conclusion

Great strides have been made in building the foundation of effective democratic governance in South Africa. It is just ten years since the end of apartheid, and the system is still relatively new and South Africa’s democracy faces critical challenges. USAID stands committed to supporting both the people and the government of South Africa as they meet these challenges head on.

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